As Reported by the Committee of Conference
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Peterson, McGregor, R., Hottinger, Bacon, Evans, Hite, Budish, Strahorn, Yates, Chandler, Stewart, D., Boyd, Hagan, R., Skindell, Brown, Bolon, Adams, Aslanides, Barrett, Beatty, Blessing, Bubp, Celeste, Collier, Combs, DeBose, DeGeeter, Domenick, Fende, Flowers, Gibbs, Goodwin, Goyal, Hagan, J., Harwood, Healy, Heard, Jones, Koziura, Letson, Luckie, Mallory, Miller, Otterman, Patton, Redfern, Schindel, Schlichter, Setzer, Szollosi, Uecker, Ujvagi, Wagoner, White, Williams, B., Williams, S., Zehringer
Senators Carey, Niehaus, Clancy, Miller, D., Roberts, Padgett, Austria, Boccieri, Cates, Goodman, Harris, Jacobson, Miller, R., Spada, Stivers, Mumper, Faber, Wilson, Mason, Fedor, Smith, Sawyer, Schaffer, Cafaro, Amstutz, Grendell, Gardner
A BILL
To amend sections 9.821, 9.822, 9.823, 9.83,
107.12,
107.40, 109.57, 109.572, 109.93, 111.18,
117.11,
119.07, 120.33, 121.48, 121.51, 122.17, 122.171,
122.602, 122.652, 124.152, 125.04,
125.45,
125.93,
125.96, 125.97, 125.98, 126.07, 126.08,
126.16,
126.21, 126.22, 127.16, 131.44, 133.01,
133.081,
149.311, 151.08, 151.40, 156.02, 164.03,
164.08,
164.09, 166.08, 167.04, 173.04, 173.35,
173.71, 173.85,
173.86, 174.03, 174.06, 183.01,
183.021, 183.17,
183.33, 183.34, 183.35, 305.31,
307.672, 307.695,
307.98, 307.981, 308.04,
317.08, 319.202, 319.54,
322.01, 323.131,
323.151, 323.152, 323.153,
323.154, 325.31,
329.04, 329.05, 329.14,
340.03, 505.37, 505.376,
505.705, 517.08,
709.01, 711.001, 711.05, 711.10,
711.131, 718.01, 718.03,
718.13, 901.171,
1503.05, 1504.02, 1506.01, 1506.99, 1513.08,
1513.18, 1514.081, 1514.40, 1521.01, 1521.20,
1521.21, 1521.22, 1521.23, 1521.24, 1521.25,
1521.26, 1521.27, 1521.28, 1521.29, 1521.99,
1531.06, 1531.35, 1555.08, 1557.03, 1901.34,
2113.041,
2117.061, 2117.25, 2151.362, 2305.2341,
2744.02, 2913.40,
2921.42, 2927.023, 2935.03,
3109.04, 3109.041,
3119.022, 3119.023, 3119.05,
3119.27, 3119.29,
3119.30, 3119.32, 3125.12,
3301.011, 3301.07,
3301.0711, 3301.0714,
3301.0718, 3301.12,
3301.311, 3301.53, 3302.03,
3302.10, 3307.01, 3307.31, 3309.01, 3309.51,
3310.41,
3311.24, 3311.51, 3311.521, 3313.532,
3313.537, 3313.603,
3313.615, 3313.64, 3313.646,
3313.66, 3313.661,
3313.841, 3313.843, 3313.97,
3313.974, 3313.977,
3313.978, 3313.98, 3313.983,
3314.015, 3314.02,
3314.06, 3314.061, 3314.074,
3314.08, 3314.083, 3314.091, 3314.26,
3317.01,
3317.012, 3317.013, 3317.014, 3317.015,
3317.016,
3317.017, 3317.02, 3317.021, 3317.022,
3317.023,
3317.024, 3317.025, 3317.026, 3317.027,
3317.028,
3317.029, 3317.0216, 3317.0217, 3317.03,
3317.031, 3317.032, 3317.04, 3317.05, 3317.051,
3317.052, 3317.06, 3317.063, 3317.07, 3317.08,
3317.15, 3317.16, 3317.19, 3317.20, 3317.201,
3318.01, 3318.011, 3318.023, 3318.12, 3318.15,
3318.26, 3318.36, 3319.29, 3319.291, 3319.301,
3319.31, 3319.55, 3321.03, 3323.011,
3323.02,
3323.03, 3323.031, 3323.04, 3323.05,
3323.051,
3323.07, 3323.09, 3323.091, 3323.12,
3323.13,
3323.14, 3323.141, 3323.142, 3323.143,
3323.15,
3323.17, 3323.18, 3323.20, 3323.30,
3325.011,
3325.02, 3327.01, 3327.05, 3327.16,
3333.04,
3333.122, 3333.36, 3333.38, 3345.05,
3345.32,
3353.03, 3354.10,
3357.01, 3357.10, 3358.06,
3365.01, 3365.02, 3365.03, 3365.04, 3365.041,
3365.05, 3365.07, 3365.09, 3365.11, 3381.04,
3501.01, 3501.05, 3501.11, 3501.17, 3501.31,
3505.062, 3505.063, 3505.23, 3509.08, 3513.21,
3517.093, 3517.106,
3517.11, 3517.13, 3517.992,
3599.17, 3599.19, 3599.37, 3701.74,
3701.741,
3702.52, 3702.5211, 3702.5212,
3702.5213,
3702.57, 3702.68, 3704.03, 3705.24,
3706.01,
3706.03, 3706.041, 3706.05, 3706.07,
3718.03,
3721.51, 3721.541, 3721.56, 3727.391,
3734.57,
3735.672, 3743.17, 3743.19, 3743.25,
3743.75,
3745.04, 3745.11, 3767.41, 3769.087,
3770.03,
3770.06, 3905.36, 3923.281, 4112.12,
4112.13,
4117.06, 4141.09, 4301.20, 4301.24, 4301.43,
4303.03, 4503.06, 4503.061, 4503.064, 4503.065,
4503.066, 4503.067, 4503.10, 4503.102, 4503.35,
4505.06, 4508.10, 4513.241, 4513.263, 4513.35,
4715.251, 4717.07, 4723.32, 4723.621, 4723.63,
4723.64, 4723.65, 4723.66, 4731.053, 4731.142,
4731.22, 4735.10, 4735.141, 4736.01, 4743.05,
4755.03, 4766.05,
4775.08, 4921.40, 5101.141,
5101.16, 5101.162,
5101.21, 5101.211, 5101.212,
5101.213, 5101.24,
5101.242, 5101.244, 5101.26,
5101.27, 5101.47, 5101.50, 5101.571,
5101.572,
5101.58, 5101.59, 5101.802, 5101.98,
5104.04,
5104.30, 5107.02, 5107.03, 5107.05,
5107.10,
5107.12, 5107.14, 5107.16, 5107.17,
5107.18,
5107.281, 5107.30, 5107.36, 5107.41,
5107.42,
5107.70, 5111.01, 5111.013,
5111.014, 5111.016,
5111.019, 5111.0111,
5111.0112, 5111.023,
5111.03, 5111.06, 5111.084,
5111.10, 5111.101,
5111.11, 5111.112, 5111.113,
5111.163, 5111.17,
5111.172, 5111.20, 5111.851,
5111.871, 5111.872,
5111.8814, 5111.89, 5111.891,
5111.95, 5111.96,
5112.341, 5115.12,
5119.611, 5123.01, 5123.012,
5123.043, 5123.045,
5123.046, 5123.047, 5123.048,
5123.049, 5123.0411,
5123.051, 5123.19, 5123.196,
5123.198, 5123.20,
5123.211, 5123.38, 5123.41,
5123.51, 5123.60,
5123.602, 5123.99, 5126.038,
5126.04, 5126.041,
5126.042, 5126.046, 5126.05,
5126.054, 5126.055,
5126.056, 5126.057, 5126.06,
5126.12, 5126.15,
5126.18, 5126.19, 5126.25,
5126.40, 5126.42,
5126.43, 5126.45, 5126.47,
5139.43, 5323.01,
5323.02, 5323.99, 5528.54,
5531.10, 5537.04,
5537.16, 5537.99, 5703.80,
5705.01,
5705.25, 5705.29, 5705.44, 5709.68,
5711.01, 5713.011, 5725.24, 5727.06, 5727.45,
5727.81, 5727.84, 5727.85, 5727.86, 5727.87,
5733.12, 5733.39, 5733.98, 5739.02, 5739.032,
5739.033, 5739.035, 5739.09, 5739.12, 5739.122,
5739.123, 5739.21,
5741.02, 5741.03, 5741.05,
5741.121, 5743.01, 5743.20, 5743.99,
5745.02,
5745.05, 5745.13, 5747.01, 5747.03,
5747.47,
5747.50, 5747.501, 5747.51, 5747.54,
5747.98,
5748.01, 5748.02, 5749.02,
5751.20, 5751.21,
5751.23, 5907.15, 6109.21,
6111.04, 6111.44,
6119.06, 6121.04, and 6131.23;
to amend, for the
purpose of adopting new section
numbers as
indicated in parentheses, sections
1521.20
(1506.38), 1521.21 (1506.39), 1521.22 (1506.40),
1521.23 (1506.41), 1521.24 (1506.42), 1521.25
(1506.43), 1521.26 (1506.44), 1521.27 (1506.45),
1521.28 (1506.46), 1521.29 (1506.47), 1521.30
(1506.48), 3323.011 (3323.013), 3702.63
(3702.591), 3702.68 (3702.59), 5101.521 (9.15),
5111.95 (5111.033),
5111.96 (5111.034), and
5126.057 (5126.0511); to
enact new sections
3318.47, 3323.01, 3323.011,
3323.06, 3323.08,
3323.11, 3704.14, 5101.521, and 5123.16
and
sections 5.2235, 109.521, 117.112, 117.113,
122.051,
122.071, 122.076, 122.174, 126.04,
126.24, 126.40, 131.51, 133.061, 167.10, 167.101,
167.102, 167.103, 167.104, 167.105, 173.351,
173.401, 183.061, 183.51, 183.52, 901.261,
1713.031, 3119.302, 3123.23, 3301.0724, 3301.162,
3303.20, 3310.51 to 3310.63, 3313.82, 3314.016,
3314.017, 3314.086, 3314.087, 3314.19,
3317.161,
3319.28, 3323.014, 3323.041, 3323.052, 3326.01,
3326.02, 3326.03, 3326.04, 3326.05,
3326.06,
3326.07, 3326.08,
3326.09, 3326.10, 3326.11,
3326.12,
3326.13, 3326.14, 3326.15, 3326.16,
3326.17, 3326.18, 3326.19, 3326.20, 3326.21,
3326.22, 3326.23, 3326.31,
3326.32, 3326.33,
3326.34,
3326.35, 3326.36,
3326.37, 3326.38,
3326.49, 3326.50, 3327.17,
3333.50, 3333.55,
3333.60, 3333.61,
3333.62,
3333.63, 3333.64,
3333.65, 3333.66,
3333.67,
3333.68, 3333.69,
3333.70, 3345.02, 3345.35,
3353.20, 3353.21,
3353.22, 3353.23, 3353.24,
3353.25, 3353.26,
3353.27, 3353.28, 3353.29,
3353.30, 3357.13,
3503.09, 3701.047, 3701.135,
4303.071, 4303.232,
4303.233, 4511.093, 4517.261,
4703.071, 4766.22,
4923.26,
5101.272, 5101.52,
5101.522,
5101.523,
5101.524, 5101.525, 5101.526,
5101.527, 5101.528,
5101.529, 5101.5211,
5101.5212, 5101.5213,
5101.5214, 5101.5215,
5101.5216, 5101.541,
5101.573, 5101.574, 5101.575,
5101.591, 5107.04,
5107.121, 5107.71, 5107.711,
5107.712, 5107.713,
5107.714, 5107.715, 5107.716,
5107.717, 5111.017,
5111.0120,
5111.028, 5111.029, 5111.031,
5111.032, 5111.085,
5111.102, 5111.165, 5111.166,
5111.69, 5111.70, 5111.701, 5111.702,
5111.703,
5111.704, 5111.705, 5111.706, 5111.707,
5111.708,
5111.709, 5111.7010, 5111.7011, 5111.84, 5111.894,
5123.033, 5123.0414, 5123.0415, 5123.0416,
5123.161, 5123.162, 5123.163, 5123.164, 5123.165,
5123.166, 5123.167, 5123.168, 5123.169, 5123.605,
5126.059, 5126.0510, 5126.0512, 5302.221,
5309.082, 5533.531, 5533.632, 5533.91, 5703.058,
5705.219,
5733.48, 5739.029, 5739.124, 5739.213,
5740.10, 5741.122,
5747.77, 5748.022, 5907.16,
and 6111.0381; to
repeal sections 103.141,
125.95, 183.02, 183.27,
183.32, 3318.47, 3318.48,
3318.49, 3323.01,
3323.06, 3323.08, 3323.11,
3333.29, 3704.14,
4911.021, 5111.161, 5123.16,
5123.182, 5123.199,
5126.035, 5126.036, 5126.053,
5126.431, 5126.44,
5126.451, 5743.331, 5747.61,
5747.62, and 5747.63
of the Revised Code; to
amend Section 4 of Sub. H.B. 2 of the 127th
General Assembly, to amend Sections 203.10,
203.50,
209.10, 227.10, 555.08, and 557.10 of Am.
Sub. H.B. 67 of
the 127th General Assembly; to
amend Section
252.70 of Am. Sub. H.B. 530 of the
126th General
Assembly,
to amend Sections
227.10, 235.10.50,
and
235.50.80 of Am. Sub.
H.B. 699 of the
126th General Assembly, to amend
Section 235.20.20
of Am. Sub. H.B. 699 of the
126th General
Assembly, as subsequently amended,
to amend
Section 203.20 of Sub. S.B. 321 of the
126th
General Assembly, to amend Section 153 of
Am. Sub.
H.B. 117 of the 121st General Assembly,
as
subsequently amended, to repeal Section 3 of
Am.
Sub. H.B. 694 of the 126th General Assembly,
and
to repeal the version of section 3702.68 of
the
Revised Code that was to have taken effect
July 1,
2007, to make operating appropriations
for the
biennium beginning July 1, 2007, and
ending June
30, 2009, and to provide
authorization and
conditions for the operation of
state programs; to
suspend sections 3718.02,
3718.05, 3718.06,
3718.07, 3718.08, 3718.09,
3718.10, 3718.99, and
6111.441 of the Revised
Code until July 1, 2009,
and to further amend
sections 711.001, 711.05, 711.10,
711.131,
4736.01, 6111.04, and 6111.44 and to
enact
section 3718.022 of the Revised Code
effective
July 1, 2009; to confirm and to order
implementation of sections 9.833, 9.90, 3311.19,
3313.12, 3313.202, 3313.33, 4117.03, and 4117.08
and to confirm and to order complete
implementation of section 9.901 of the Revised
Code as the sections result from Am. Sub. H.B. 66
of the 126th General Assembly; to repeal Section
611.03 of Am. Sub. H.B. 66 of the 126th General
Assembly; and to amend sections
9.833, 9.90,
9.901, 3313.202, 3313.33, and 4117.03 of the
Revised Code to make other specifications
pertaining to that implementation as have become
necessary; and to terminate operation of section
5101.213 of the Revised Code on July 1, 2008, by
repealing the section on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 9.821, 9.822, 9.823,
9.83,
107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11,
119.07,
120.33, 121.48, 121.51, 122.17, 122.171, 122.602, 122.652,
124.152, 125.04,
125.45, 125.93, 125.96, 125.97, 125.98,
126.07, 126.08, 126.16, 126.21, 126.22, 127.16, 131.44, 133.01,
133.081,
149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09,
166.08,
167.04, 173.04, 173.35, 173.71, 173.85, 173.86, 174.03,
174.06, 183.01,
183.021, 183.17, 183.33, 183.34, 183.35, 305.31,
307.672, 307.695,
307.98, 307.981, 308.04, 317.08, 319.202,
319.54, 322.01, 323.131,
323.151, 323.152, 323.153, 323.154,
325.31, 329.04, 329.05,
329.14, 340.03, 505.37, 505.376, 505.705,
517.08,
709.01, 711.001, 711.05, 711.10, 711.131, 718.01, 718.03,
718.13,
901.171, 1503.05, 1504.02, 1506.01,
1506.99, 1513.08,
1513.18, 1514.081, 1514.40, 1521.01, 1521.20,
1521.21, 1521.22,
1521.23, 1521.24, 1521.25, 1521.26, 1521.27,
1521.28, 1521.29,
1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 1901.34,
2113.041,
2117.061, 2117.25, 2151.362, 2305.2341, 2744.02, 2913.40,
2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023,
3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011,
3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311,
3301.53, 3302.03, 3302.10, 3307.01, 3307.31, 3309.01, 3309.51,
3310.41, 3311.24, 3311.51, 3311.521,
3313.532, 3313.537,
3313.603, 3313.615, 3313.64, 3313.646, 3313.66,
3313.661,
3313.841, 3313.843, 3313.97, 3313.974, 3313.977,
3313.978,
3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061,
3314.074, 3314.08, 3314.083, 3314.091, 3314.26, 3317.01, 3317.012,
3317.013,
3317.014, 3317.015, 3317.016, 3317.017, 3317.02,
3317.021,
3317.022, 3317.023, 3317.024, 3317.025, 3317.026,
3317.027,
3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,
3317.031,
3317.032, 3317.04, 3317.05, 3317.051, 3317.052,
3317.06, 3317.063,
3317.07, 3317.08, 3317.15, 3317.16, 3317.19,
3317.20, 3317.201,
3318.01, 3318.011, 3318.023, 3318.12, 3318.15,
3318.26, 3318.36, 3319.29, 3319.291, 3319.301, 3319.31,
3319.55,
3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04,
3323.05,
3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13,
3323.14,
3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18,
3323.20,
3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16,
3333.04,
3333.122, 3333.36, 3333.38, 3345.05, 3345.32,
3353.03, 3354.10,
3357.01, 3357.10, 3358.06, 3365.01, 3365.02, 3365.03, 3365.04,
3365.041, 3365.05, 3365.07, 3365.09, 3365.11,
3381.04, 3501.01,
3501.05, 3501.11, 3501.17, 3501.31, 3505.062,
3505.063, 3505.23,
3509.08, 3513.21, 3517.093, 3517.106, 3517.11, 3517.13, 3517.992,
3599.17, 3599.19,
3599.37, 3701.74, 3701.741, 3702.52, 3702.5211,
3702.5212,
3702.5213, 3702.57, 3702.68, 3704.03, 3705.24,
3706.01, 3706.03,
3706.041, 3706.05, 3706.07, 3718.03, 3721.51,
3721.541, 3721.56,
3727.391, 3734.57, 3735.672, 3743.17, 3743.19,
3743.25, 3743.75,
3745.04, 3745.11, 3767.41, 3769.087, 3770.03,
3770.06, 3905.36,
3923.281, 4112.12, 4112.13, 4117.06, 4141.09,
4301.20, 4301.24, 4301.43,
4303.03, 4503.06, 4503.061, 4503.064,
4503.065, 4503.066,
4503.067, 4503.10, 4503.102, 4503.35,
4505.06, 4508.10, 4513.241,
4513.263, 4513.35, 4715.251, 4717.07,
4723.32, 4723.621, 4723.63,
4723.64, 4723.65, 4723.66, 4731.053,
4731.142, 4731.22, 4735.10,
4735.141, 4736.01, 4743.05, 4755.03,
4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21,
5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244,
5101.26,
5101.27, 5101.47, 5101.50, 5101.571, 5101.572, 5101.58,
5101.59, 5101.802,
5101.98, 5104.04, 5104.30, 5107.02, 5107.03,
5107.05, 5107.10,
5107.12, 5107.14, 5107.16, 5107.17, 5107.18,
5107.281, 5107.30,
5107.36, 5107.41, 5107.42, 5107.70, 5111.01,
5111.013,
5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112,
5111.023,
5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11,
5111.112,
5111.113, 5111.163, 5111.17, 5111.172, 5111.20,
5111.851,
5111.871, 5111.872, 5111.8814, 5111.89, 5111.891,
5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012,
5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049,
5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20,
5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99,
5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05,
5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15,
5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,
5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10,
5537.04, 5537.16, 5537.99, 5703.80, 5705.01,
5705.25, 5705.29,
5705.44, 5709.68, 5711.01, 5713.011, 5725.24,
5727.06, 5727.45,
5727.81, 5727.84, 5727.85, 5727.86, 5727.87,
5733.12, 5733.39,
5733.98, 5739.02, 5739.032, 5739.033, 5739.035, 5739.09,
5739.12,
5739.122, 5739.123, 5739.21, 5741.02, 5741.03, 5741.05, 5741.121,
5743.01,
5743.20, 5743.99, 5745.02, 5745.05, 5745.13, 5747.01,
5747.03, 5747.47,
5747.50, 5747.501, 5747.51, 5747.54, 5747.98,
5748.01, 5748.02,
5749.02, 5751.20, 5751.21, 5751.23, 5907.15,
6109.21,
6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 be
amended;
sections 1521.20 (1506.38),
1521.21 (1506.39), 1521.22
(1506.40), 1521.23 (1506.41), 1521.24
(1506.42), 1521.25
(1506.43), 1521.26 (1506.44), 1521.27
(1506.45), 1521.28
(1506.46), 1521.29 (1506.47), 1521.30
(1506.48), 3323.011
(3323.013), 3702.63 (3702.591), 3702.68
(3702.59), 5101.521
(9.15), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057
(5126.0511) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and new sections 3318.47,
3323.01, 3323.011, 3323.06, 3323.08, 3323.11, 3704.14, 5101.521,
and 5123.16
and sections 5.2235, 109.521, 117.112, 117.113,
122.051, 122.071, 122.076,
122.174, 126.04, 126.24, 126.40,
131.51, 133.061, 167.10,
167.101, 167.102, 167.103, 167.104,
167.105, 173.351, 173.401,
183.061, 183.51, 183.52, 901.261,
1713.031, 3319.302, 3123.23,
3301.0724, 3301.162, 3303.20,
3310.51, 3310.52, 3310.53, 3310.54,
3310.55, 3310.56, 3310.57,
3310.58, 3310.59, 3310.60, 3310.61,
3310.62, 3310.63, 3313.82,
3314.016, 3314.017, 3314.086, 3314.087,
3314.19, 3317.161,
3319.28, 3323.014, 3323.041, 3323.052, 3326.01,
3326.02, 3326.03,
3326.04, 3326.05,
3326.06, 3326.07, 3326.08,
3326.09, 3326.10,
3326.11, 3326.12,
3326.13, 3326.14, 3326.15, 3326.16, 3326.17,
3326.18, 3326.19, 3326.20, 3326.21, 3326.22, 3326.23, 3326.31,
3326.32,
3326.33, 3326.34,
3326.35, 3326.36, 3326.37, 3326.38,
3326.49,
3326.50,
3327.17, 3333.50, 3333.55, 3333.60, 3333.61,
3333.62,
3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68,
3333.69,
3333.70, 3345.02, 3345.35, 3353.20, 3353.21, 3353.22,
3353.23,
3353.24,
3353.25, 3353.26, 3353.27, 3353.28, 3353.29,
3353.30,
3357.13, 3503.09, 3701.047, 3701.135, 4303.071,
4303.232,
4303.233,
4511.093, 4517.261, 4703.071, 4766.22,
4923.26,
5101.272, 5101.52, 5101.522, 5101.523, 5101.524,
5101.525,
5101.526, 5101.527, 5101.528, 5101.529, 5101.5211,
5101.5212,
5101.5213, 5101.5214, 5101.5215, 5101.5216, 5101.541,
5101.573,
5101.574, 5101.575,
5101.591, 5107.04, 5107.121,
5107.71,
5107.711, 5107.712,
5107.713, 5107.714, 5107.715,
5107.716,
5107.717, 5111.017,
5111.0120, 5111.028, 5111.029,
5111.031,
5111.032,
5111.085, 5111.102, 5111.165, 5111.166,
5111.69,
5111.70, 5111.701, 5111.702,
5111.703, 5111.704,
5111.705,
5111.706, 5111.707, 5111.708,
5111.709, 5111.7010,
5111.7011,
5111.84, 5111.894, 5123.033, 5123.0414,
5123.0415,
5123.0416,
5123.161, 5123.162, 5123.163, 5123.164,
5123.165,
5123.166,
5123.167, 5123.168, 5123.169, 5123.605,
5126.059,
5126.0510,
5126.0512, 5302.221, 5309.082, 5533.531,
5533.632,
5533.91,
5703.058, 5705.219, 5733.48, 5739.029, 5739.124,
5739.213,
5740.10, 5741.122, 5747.77, 5748.022, 5907.16, and
6111.0381 of
the Revised Code be enacted to read as follows:
Sec. 5.2235. The month of May is designated as "Nutrition and
Physical Fitness Month" to increase public awareness of the
paramount roles that nutrition and physical fitness play in
promoting a healthy lifestyle for all of the citizens of this
state.
Sec. 5101.521 9.15. When the body of a dead person is found
in
a
township or municipal corporation, and such person was not an
inmate of a correctional, benevolent, or charitable
institution of
this state, and the body is not claimed by any
person for private
interment or cremation at the
person's own expense,
or delivered
for the purpose of medical or surgical study or dissection in
accordance with section 1713.34 of the Revised Code,
it shall be
disposed of as follows:
(A) If the person was a legal resident of the county, the
proper officers of the township or municipal corporation in which
the person's body was found shall cause it to be buried or
cremated at
the expense of the township or municipal corporation
in which the
person had a legal residence at the time of death.
(B) If the person had a legal residence in any other
county
of the state at the time of death, the superintendent
of the
county home of the county in which such body was found
shall cause
it to be buried or cremated at the expense of the township
or
municipal corporation in which the person had a legal
residence at
the time of death.
(C) If the person was an inmate of a correctional
institution
of the county or a patient or resident of a
benevolent
institution
of the county, the person had no legal residence
in
the state, or
the person's legal residence is unknown,
the
superintendent shall
cause the person to be buried or
cremated at
the expense of the
county.
Such officials shall provide, at the grave of the person
or,
if the person's cremated remains are buried, at the grave of the
person's
cremated remains,
a stone or concrete marker on which the
person's name and
age, if known, and date of death shall be
inscribed.
A political subdivision is not relieved of its duty to bury
or cremate a person at its expense under this section when the
body is
claimed by an indigent person.
Sec. 9.821. (A) The department of administrative services
shall direct and manage for state agencies all risk management
and
insurance programs authorized under section 9.822 of the
Revised
Code.
(B) The office of risk management is hereby established
within the department of administrative services. The director
of
administrative services, or a deputy director appointed by the
director, shall control and supervise the office.
(C) The office may take any of the following actions that
it
determines to be in the best interests of the state:
(1) Provide all insurance coverages for the state,
including,
but not limited to, automobile liability, casualty,
property,
public liability, and, except as provided in division
(C)(6) of
this section, fidelity bond insurance bonding. The cost of
insurance coverage shall be paid from appropriations made to the
state agencies that the office has designated to receive the
coverage.
(2) Provide coverage of legal expenses that are necessary
and
related to the legal defense of claims against the state;
(3) Purchase insurance policies consistent with sections
125.01 to 125.111 of the Revised Code, develop and administer
self-insurance programs, or do both;
(4) Consolidate and combine state insurance coverages;
(5) Provide technical services in risk management and
insurance to state agencies;
(6)(a) Establish and administer a self-insured fidelity
bond
program for a particular class or subclass of state officer,
employee, or agent, if, prior to the establishment and
administration of this program, the director does both of the
following:
(i) Holds a hearing in accordance with Chapter 119. of the
Revised Code to determine whether fidelity bond insurance for
that
particular class or subclass of state officer, employee, or
agent
is available in the voluntary market;
(ii) If, as a result of that hearing, the director
determines
that fidelity bond insurance for a particular class or
subclass of
state officer, employee, or agent is unavailable in
the voluntary
market and that the absence of this insurance
threatens the
operation of state government and will be
detrimental to the
general welfare of the citizens of this state,
adopts rules in
accordance with Chapter 119. of the Revised Code
to establish
standards and procedures governing the
establishment,
administration, and termination of the fidelity
bond program for
that particular class or subclass of state
officer, employee, or
agent.
(b) Division (C)(6)(a) of this section does not apply to
any
self-insured blanket fidelity bond program that, on
September 20,
1993, has
been
established
pursuant to section 9.831
of the
Revised
Code.
(7) Except as provided in division (C)(6) of this section,
adopt Adopt and publish, in accordance with section 111.15 of the
Revised Code, necessary rules and procedures governing the
administration of the state's insurance and risk management
activities.
(D) No state agency, except a state agency exempted under
section 125.02 or 125.04 of the Revised Code from the
department's
purchasing authority, shall purchase any insurance
described in
this section except as authorized by the department, when the
office of risk management determines that the purchase is in the
best interest of the state pursuant to division (C)(1) of this
section,
and in
accordance with terms, conditions, and procurement
methods
established by the department.
(E) With respect to any civil action, demand, or claim
against the state that could be filed in the court of claims,
nothing in sections 9.82 to 9.823 of the Revised Code shall be
interpreted to permit the settlement or compromise of those civil
actions, demands, or claims, except in the manner provided in
Chapter 2743. of the Revised Code.
Sec. 9.822. (A) The department of administrative services
through the office of risk management shall establish an
insurance
plan or plans
that may provide for self-insurance or
the
purchase
of insurance, or both, for any either of the following
purposes:
(1) Insuring state real and personal property against
losses
occasioned by fire, windstorm, or other accidents and
perils;
(2) Insuring the state and its officers and employees
against
liability resulting from any civil action, demand, or
claim
against the state or its officers and employees arising out
of any
act or omission of an officer or employee in the
performance of
official duties, except acts and omissions
for
which
indemnification is prohibited under section 9.87 of the
Revised
Code;.
(3) Insuring (B) The department of administrative services
through the office of risk management shall establish one or more
insurance plans that provide for the purchase of insurance for the
purpose of insuring the state through the fidelity bonding of
state
officers, employees, and agents who are required by law to
provide
a fidelity bond. Nothing in this section shall be
construed to allow the department of administrative services
through the office of risk management to administer the state's
fidelity bonding program through a program of self-insurance.
(B)(1) Prior to the establishment of any self-insured
fidelity bond program for a particular class or subclass of state
officer, employee, or agent authorized pursuant to division
(A)(3)
of this section, the director of administrative services
shall
follow the procedures for holding a hearing and adopting
rules set
forth in division (C)(6)(a) of section 9.821 of the
Revised Code.
(2) Division (B)(1) of this section does not apply to any
self-insured blanket fidelity bond program that, on
September 20,
1993, has been
established
pursuant to section 9.831
of the
Revised Code.
(3) The director shall prepare annually a written report
detailing any self-insured fidelity bond program established
pursuant to division (A)(3) of this section. The report shall
include, but is not limited to, information relating to premiums
collected, income from recovery, loss experience, and
administrative costs of the program. A copy of the report,
together with a copy of those portions of the most recent reports
submitted under division (D) of section 9.823 of the Revised Code
that pertain to any such self-insured fidelity bond
program,
shall
be submitted to the speaker of the house of
representatives
and
the president of the senate by the
last
day of
March of
each
year.
Sec. 9.823. (A) All contributions collected by the
director
of administrative services under division (E) of this
section
shall be deposited into the state treasury to the credit
of the
risk management reserve fund, which is hereby created.
The fund
shall be used to provide insurance and self-insurance
for the
state under section sections 9.822 and 9.83 of the Revised Code.
All
investment earnings of the fund shall be credited to it.
(B) The director, through the office of risk management,
shall operate the risk management reserve fund on an actuarially
sound basis.
(C) Reserves shall be maintained in the risk management
reserve fund in any amount that is necessary and adequate, in the
exercise of sound and prudent actuarial judgment, to cover
potential liability claims, expenses, fees, or damages. Money in
the fund may be applied to the payment of liability claims that
are filed against the state in the court of claims and determined
in the manner provided for under Chapter 2743. of the Revised
Code. The director may procure the services of a qualified
actuarial firm for the purpose of recommending the specific
amount
of money that would be required to maintain adequate
reserves for
a given period of time.
(D) A report of the amounts reserved and disbursements
made
from the reserves, together with a written report of a
competent
property and casualty actuary, shall be submitted, on
or before
the last day of March for the preceding calendar year,
to the
speaker of the house of representatives and the president
of the
senate. The actuary shall certify the adequacy of the
rates of
contributions, the sufficiency of excess insurance, and
whether
the amounts reserved conform to the requirements of this
section,
are computed in accordance with accepted loss reserving
standards,
and are fairly stated in accordance with sound loss
reserving
principles. The report shall include disbursements
made for the
administration of the fund, including claims paid,
cost of legal
representation of state agencies and employees, and
fees paid to
consultants.
(E) The director shall collect from each state agency or
any
participating state body its contribution to the risk
management
reserve fund for the purpose of purchasing insurance
or
administering self-insurance programs for coverages authorized
under section sections 9.822 and 9.83 of the Revised Code. The
contribution shall
be determined by the director, with the
approval of the director
of budget and management, and shall be
based upon actuarial
assumptions and the relative risk and loss
experience of each
state agency or participating state body. The
contribution shall
further include a reasonable sum to cover the
department's
administrative costs.
Sec. 9.83. (A) The state and any political subdivision
may
procure a policy or policies of insurance insuring its
officers
and employees against liability for injury, death, or
loss to
person or property that arises out of the operation of an
automobile, truck, motor vehicle with auxiliary equipment,
self-propelling equipment or trailer, aircraft, or watercraft by
the officers or employees while engaged in the course of their
employment or official responsibilities for the state or the
political subdivision. The state is authorized to expend funds
to
pay judgments that are rendered in any court against its
officers
or employees and that result from such operation, and is
authorized to expend funds to compromise claims for liability
against its officers or employees that result from such
operation.
No insurer shall deny coverage under such a policy,
and the state
shall not refuse to pay judgments or compromise
claims, on the
ground that an automobile, truck, motor vehicle
with auxiliary
equipment, self-propelling equipment or trailer,
aircraft, or
watercraft was not being used in the course of an
officer's or
employee's employment or official responsibilities
for the state
or a political subdivision unless the officer or
employee who was
operating an automobile, truck, motor vehicle
with auxiliary
equipment, or self-propelling equipment or trailer
is convicted of
a violation of section 124.71 of the Revised Code
as a result of
the same events.
(B) Funds shall be reserved as necessary, in the
exercise of
sound and prudent actuarial judgment, to cover
potential expense,
fees, damage, loss, or other liability. The
superintendent of
insurance office of risk management may recommend or, if the state
requests of the superintendent office of risk management, shall
recommend, a specific
amount for any period of time that, in the
superintendent's
opinion of the office of risk management,
represents
such a judgment.
(C) Nothing in this section shall be construed to require
the
department of administrative services to purchase liability
insurance for all state vehicles in a single policy of insurance
or to cover all state vehicles under a single plan of
self-insurance.
(D) Insurance procured by the state pursuant to this
section
shall be procured as provided in section 125.03 of the
Revised
Code.
(E) For purposes of liability insurance procured under this
section to cover the operation of a motor vehicle by a prisoner
for whom the
insurance is procured, "employee" includes a prisoner
in the custody of the
department of
rehabilitation and correction
who is enrolled in a work program that is
established by the
department pursuant to section 5145.16
of the Revised Code and in
which
the prisoner is required to operate a motor vehicle, as
defined in section
4509.01 of the Revised Code, and who is engaged
in the operation of a motor
vehicle in the
course of the work
program.
(F) There is hereby created in the state treasury the vehicle
liability fund. All contributions collected by the director of
administrative services under division (I) (H) of this section
shall
be deposited into the fund. The fund shall be used to
provide
insurance and self-insurance for the state under this
section. All
investment earnings of the fund shall be credited to
it risk
management reserve fund created in section 9.823 of the
Revised
Code to the credit of the vehicle liability program.
(G) The director of administrative services, through the
office of risk management, shall operate the vehicle liability
fund on an actuarially sound basis.
(H) Reserves shall be maintained in the vehicle liability
risk management reserve fund to the credit of the vehicle
liability program in any amount that is necessary and adequate, in
the exercise of sound and prudent actuarial judgment, to cover
potential liability claims, expenses, fees, or damages. Money in
the fund may be applied to the payment of liability claims that
are filed against the state in the court of claims and determined
in the manner provided in Chapter 2743. of the Revised Code. The
director of administrative services may procure the services of a
qualified actuarial firm for the purpose of recommending the
specific amount of money that is required to maintain adequate
reserves for a specified period of time.
(I)(H) The director of administrative services shall collect
from each state agency or any participating state body its
contribution to the vehicle liability fund program for the purpose
of purchasing insurance or administering self-insurance programs
for coverage authorized under this section. The amount of the
contribution shall be determined by the director, with the
approval of the director of budget and management. It shall be
based upon actuarial assumptions and the relative risk and loss
experience of each state agency or participating state body. The
amount of the contribution also shall include a reasonable sum to
cover administrative costs of the department of administrative
services. The amounts collected pursuant to this division shall be
deposited in the risk management reserve fund to the credit of the
vehicle liability program.
Sec. 107.12. (A) As used in this section, "organization"
means a faith-based or other organization that is exempt from
federal income taxation under section 501(c)(3) of the Internal
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and
provides charitable services to needy residents of this state.
(B) There is hereby established within the office of the
governor the governor's office of faith-based and community
initiatives. The office shall:
(1) Serve as a clearinghouse of information on federal,
state, and local funding for charitable services performed by
organizations;
(2) Encourage organizations to seek public funding for their
charitable services;
(3) Act as a liaison between state agencies and
organizations;
(4) Advise the governor, general assembly, and the advisory
board of the governor's office of faith-based community
initiatives on the barriers that exist to collaboration between
organizations and governmental entities and on ways to remove the
barriers.
(C) The governor shall appoint an executive assistant to
manage the office and perform or oversee the performance of the
duties of the office.
(D)(1) There is hereby created the advisory board of the
governor's office of faith-based and community initiatives. The
board shall consist of members appointed as follows:
(a) The directors of aging, alcohol
and drug addiction
services, rehabilitation and correction, health, job
and
family
services, mental health, and youth services shall each
appoint to
the board one employee of that director's
department.
(b) The speaker of the house of representatives shall
appoint
to the board two members of the house of
representatives, not more
than one of whom shall be from the same
political party and at
least one of whom shall be from the legislative black caucus. The
speaker of the house of representatives shall consult with the
president of the legislative black caucus in making the
legislative black caucus member appointment. The president of the
senate shall appoint to the
board two members of the senate, not
more than one of whom
shall be from the same political party.
(c) The governor, speaker of the house of representatives,
and president of the senate shall each appoint to the board
three
representatives of the nonprofit, faith-based and other
nonprofit
community.
(2) The appointments to the board shall be made within
thirty
days after the effective date of this section. Terms of the office
shall be one year. Any vacancy
that occurs on the board shall be
filled in the same manner
as the original appointment. The members
of the board shall
serve without compensation.
(3) At its initial meeting, the board shall elect a
chairperson. The
chairperson shall be a member of the board who is
a member of
the house of representatives.
(E) The board shall do both of the following:
(1) Provide direction, guidance, and oversight to the office;
(2) Publish a report of its activities on or before the first
day of August of each year, and deliver copies of the report to
the governor, the speaker and minority leader of the house of
representatives, and the president and minority leader of the
senate.
(F) No member of the board or organization that the member is
affiliated or involved with is eligible to receive any grant that
the office administers or assists in administering.
Sec. 107.40. (A) There is hereby created the
governor's
residence advisory commission. The commission shall
provide for
the preservation, restoration, acquisition, and
conservation of
all decorations, objects of art, chandeliers,
china, silver,
statues, paintings, furnishings, accouterments,
and other
aesthetic materials that have been acquired, donated,
loaned, or
otherwise obtained by the state for the governor's
residence and
that have been approved by the commission. In addition, the
commission shall provide for the maintenance of plants that have
been acquired, donated, loaned, or otherwise obtained by the state
for the governor's residence and that have been approved by the
commission.
(B) The commission shall
be responsible for the care,
provision, repair, and placement of
furnishings and other objects
and accessories of the grounds and
public areas of the first story
of the governor's residence and for the care and placement of
plants on the grounds. In
exercising this responsibility, the
commission shall preserve
and seek to further establish all of the
following:
(1) The authentic ambiance and decor
of the historic era
during which the governor's residence was
constructed;
(2) The grounds as a representation of Ohio's natural
ecosystems;
(3) The heritage garden for all of the following purposes:
(a) To preserve, sustain, and encourage the use of native
flora throughout the state;
(b) To replicate the state's physiographic regions, plant
communities, and natural landscapes;
(c) To serve as an educational garden that demonstrates the
artistic, industrial, political, horticultural, and geologic
history of the state through the use of plants;
(d) To serve as a reservoir of rare species of plants from
the physiographic regions of the state.
These duties shall not affect the obligation of
the
department of administrative services to provide for the and adopt
policies and procedures regarding the use,
general maintenance,
and operating expenses of the governor's
residence.
(C) The commission shall
consist of eleven members. One
member shall be the director of
administrative services or the
director's designee, who shall
serve during the director's term of
office and shall serve as
chairperson. One member shall be the
director of the
Ohio historical society or the
director's
designee, who shall serve during the director's term
of office and
shall serve as vice-chairperson. One
member shall
represent the
Columbus
landmarks foundation. One member shall represent the
Bexley historical society. One member shall be the mayor of the
city of Bexley, who shall serve during the mayor's term of office.
One member shall be the chief executive officer of the Franklin
park conservatory joint recreation district, who shall serve
during the term of employment as chief executive officer. The
remaining five members shall be appointed by the governor with
the
advice and consent of the senate. The five members appointed by
the
governor shall be persons with knowledge of
Ohio history,
architecture,
decorative arts, or historic preservation, and one
of those members shall have knowledge of landscape architecture,
garden design, horticulture, and plants native to this state.
(D) Of the initial appointees, the representative of the
Columbus landmarks foundation shall serve for a term expiring
December 31, 1996, and the representative of the Bexley
historical
society shall serve for a term expiring
December 31, 1997. Of the
five
members appointed by the governor, three shall serve for
terms
ending December 31, 1998, and two shall serve for terms
ending December 31,
1999. Thereafter, each term shall be for four
years, commencing on the first
day of January and ending on the
last day of December. The member having knowledge of landscape
architecture, garden design, horticulture, and plants native to
this state initially shall be appointed upon the first vacancy on
the commission occurring on or after June 30, 2006.
Each
member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Any member appointed to fill a vacancy occurring
prior
to the end of the term for which the member's predecessor
was
appointed shall hold office for the remainder of the term.
Any
member shall continue in office subsequent to the expiration
of
the term until the member's successor takes office.
(E) Six members of the
commission constitute a quorum, and
the affirmative vote of six
members is required for approval of
any action by the
commission.
(F) After each initial
member of the commission has been
appointed, the commission
shall meet and select one member as
secretary and another as
treasurer. Organizational meetings of the
commission shall be
held at the time and place designated by call
of the
chairperson.
Meetings of the commission may be held
anywhere in the state and
shall be in compliance with
Chapters
121. and 149. of the Revised Code. The commission may
adopt,
pursuant to section 111.15 of the
Revised Code, rules necessary to
carry
out the purposes of this section.
(G) Members of the
commission shall serve without
remuneration, but shall be
compensated for actual and necessary
expenses incurred in the
performance of their official duties.
(H) All expenses
incurred in carrying out this section are
payable solely from
money accrued under this section or
appropriated for these
purposes by the general assembly, and the
commission shall incur
no liability or obligation beyond such
money.
(I) The Except as otherwise provided in this division, the
commission may accept any payment for the use of the governor's
residence or may
accept any donation, gift, bequest, or devise for
the governor's residence or as an endowment for the maintenance
and care of the garden on the grounds of the governor's residence
in furtherance of
its duties. The commission shall not accept any
donation, gift, bequest, or devise from a person, individual, or
member of an individual's immediate family if the person or
individual is receiving payments under a contract with the state
or a state agency for the purchase of supplies, services, or
equipment or for the construction, reconstruction, improvement,
enlargement, alteration, repair, painting, or decoration of a
public improvement, except for payments received under an
employment contract or a collective bargaining agreement. Any
revenue received by the commission shall be
deposited into the
governor's residence fund, which is hereby
established in the
state treasury, for use by the commission in
accordance with the
performance of its duties. All investment
earnings of the fund
shall be credited to the fund. Title to
all property acquired by
the commission shall be taken in the
name of the state and shall
be held for the use and benefit of
the commission.
(J) Nothing in this
section limits the ability of a person or
other entity to
purchase decorations, objects of art, chandeliers,
china,
silver, statues, paintings, furnishings, accouterments,
plants, or other
aesthetic materials for placement in the
governor's residence or on the grounds of the governor's residence
or
donation to the commission. No such object or plant, however,
shall be
placed on the grounds or public areas of the first story
of the
governor's residence without the consent of the commission.
(K) The heritage garden established under this section shall
be officially known as "the heritage garden at the Ohio governor's
residence."
(L) As used in this section, "heritage garden" means the
botanical garden of native plants established at the governor's
residence.
Sec. 109.521. There is hereby created in the state treasury
the bureau of criminal identification and investigation asset
forfeiture and cost reimbursement fund. All amounts awarded to the
bureau of criminal identification and investigation as a result of
shared federal asset forfeiture and state and local moneys
designated as restitution for reimbursement of the costs of
investigations shall be deposited into this fund. The moneys in
this fund shall be used in accordance with federal asset
forfeiture rules, regulations, and laws. Interest earned on the
money in this fund shall be credited to the fund.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever
procurable and file
for record photographs, pictures,
descriptions, fingerprints,
measurements, and other information
that may be pertinent of
all persons who have been convicted of
committing within this state a
felony, any crime
constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) or
(A)(10)(a) of section 109.572 of the Revised Code, of all
children
under eighteen years of age who have been adjudicated
delinquent
children for committing within this state an act that would
be a
felony or
an offense of violence if committed by an adult or who
have been
convicted of
or pleaded guilty to committing within this
state a felony or an offense
of violence, and of all
well-known
and habitual criminals. The person
in charge of any
county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, community-based correctional
facility, halfway
house, alternative residential facility, or
state correctional
institution and the person in
charge of any state institution
having custody of a person
suspected of having committed a felony,
any crime constituting
a misdemeanor on the first offense and a
felony on subsequent offenses,
or any misdemeanor described in
division (A)(1)(a) or (A)(10)(a)
of section 109.572 of the Revised
Code or having custody of a child
under eighteen years of age with
respect to whom there is
probable
cause to believe that the child
may have committed an act that would
be a felony or
an offense of
violence if committed by an adult shall furnish such
material
to
the superintendent of
the bureau. Fingerprints, photographs, or
other
descriptive information of a child who is under eighteen
years of age,
has not been arrested or otherwise taken into
custody for committing an act
that would be a felony or an offense
of
violence if committed by an adult, has not
been adjudicated a
delinquent child for committing an act
that would be a felony or
an offense of violence
if committed by an adult, has not been
convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there
is
probable cause to
believe that the child may have committed an
act
that would be a felony or
an offense of violence if committed
by an adult
shall not be procured by the superintendent or
furnished by any
person in charge of any
county, multicounty,
municipal, municipal-county, or
multicounty-municipal jail or
workhouse, community-based correctional
facility, halfway house,
alternative residential facility, or
state correctional
institution, except as
authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a
court of record in this state, other
than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary
of each case
involving a felony, involving any crime constituting
a
misdemeanor on the
first offense and a felony on subsequent
offenses, involving a misdemeanor
described in division (A)(1)(a)
or (A)(10)(a) of section 109.572
of the Revised Code, or involving
an
adjudication in a case in which a child under eighteen years of
age was
alleged to be a delinquent child
for committing an act
that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in
the report and summary the clerk
sends under this division all
information described in divisions
(A)(2)(a) to (f) of this
section
regarding a case before the court of appeals that is
served by that
clerk. The summary shall be written on the standard
forms
furnished by the
superintendent pursuant to division (B) of
this section and shall
include the following information:
(a) The incident tracking number contained on the standard
forms
furnished by the superintendent pursuant to division (B) of
this
section;
(b) The style and number of the case;
(d) The date that the person was convicted of or pleaded
guilty
to the offense, adjudicated a delinquent child for
committing the act that
would be
a felony or an
offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that
would be a
felony or an
offense of violence if committed
by an adult, the date of an entry
dismissing
the charge, an entry
declaring a mistrial of the offense in which the person
is
discharged, an entry finding that the person or child is not
competent to
stand trial, or an entry of a nolle prosequi, or the
date of any other
determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was
adjudicated a delinquent child, the sentence or
terms of
probation imposed or any other disposition of the
offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an
attempt to disarm a law enforcement officer, the
clerk shall
clearly state that fact in the summary, and the
superintendent shall ensure
that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in
the establishment of
a complete system of criminal identification
and in obtaining
fingerprints and other means of identification of
all persons
arrested on a charge of a felony, any crime
constituting a
misdemeanor on the first offense and a felony on
subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and
of all children
under
eighteen years of age arrested or otherwise
taken into custody for committing
an act that would
be a felony or
an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint
impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution for
the violation of state
laws and of all children
under
eighteen years of age who
are confined in a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, community-based
correctional facility, halfway
house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for
committing an act
that would be a felony or
an offense of violence
if committed by an adult, and any other
information
that the
superintendent may receive from law enforcement
officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to either a sexually oriented offense
that is not a registration-exempt sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional
facility, halfway house, alternative residential
facility, or
state correctional institution and to every clerk of
a court in this
state specified in division (A)(2) of this
section
standard forms for reporting the information required
under
division (A) of this
section. The standard forms that the
superintendent prepares pursuant to
this division may be in a
tangible format, in an electronic format, or in both
tangible
formats and electronic formats.
(C) The superintendent may operate a center for
electronic,
automated, or other data processing for the storage
and retrieval
of information, data, and statistics pertaining to
criminals and
to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony
or an offense of
violence if committed by an adult, criminal
activity, crime prevention,
law
enforcement,
and criminal justice,
and may establish and operate a statewide
communications network
to gather and disseminate information,
data, and statistics for
the use of law enforcement agencies. The
superintendent may
gather, store, retrieve, and
disseminate information, data, and
statistics that pertain to children who are
under eighteen years
of age and that are gathered pursuant to sections 109.57
to 109.61
of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant
to those
sections. In addition to any other authorized use of
information, data, and statistics of that nature, the
superintendent or the superintendent's designee may provide and
exchange the information, data, and statistics pursuant to the
national crime prevention and privacy compact as described in
division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under
section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure
by which a person may receive or release information
gathered by
the superintendent pursuant to
division (A) of this
section. A
reasonable fee may be charged for this service. If a
temporary
employment service submits a request for a determination
of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572
of the Revised Code, the request shall be treated as a
single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved
to be an agency for purposes of subchapter II of the
"Community
Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32, or
3301.541, division (C) of section 3310.58, or section 3319.39,
3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code, the board of education
of any school
district; the director of mental retardation and
developmental
disabilities; any county board of mental retardation
and
developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities;
the chief administrator of any chartered nonpublic
school; the
chief administrator of a registered private provider that is not
also a chartered nonpublic school; the chief administrator of any
home health agency;
the chief administrator of or person operating
any child
day-care center, type A family day-care home, or type B
family
day-care home licensed or certified under Chapter 5104. of
the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency;
or the executive director of a public children services
agency
may request that the superintendent of the bureau
investigate and
determine, with respect to any individual who has
applied for
employment in any position after October 2, 1989, or
any individual
wishing to apply for employment with a board of
education may
request, with regard to the
individual, whether the
bureau has any
information gathered under division (A) of this
section that
pertains to that individual. On receipt of the
request, the
superintendent shall determine whether that
information
exists
and, upon request of the person, board, or
entity requesting
information, also shall request from the federal
bureau of
investigation any criminal records it has pertaining
to
that
individual. The superintendent or the superintendent's
designee also may request criminal history records from other
states or the federal government pursuant to the national crime
prevention and privacy compact set forth in section 109.571 of the
Revised Code. Within thirty days of the date that the
superintendent
receives a
request, the superintendent shall send
to the board, entity, or
person a report of any information that
the superintendent
determines exists,
including information
contained in records that have been sealed
under section 2953.32
of the Revised Code, and, within thirty
days of its receipt, shall
send the board, entity, or person a
report of any information
received from the federal
bureau of investigation, other than
information the dissemination
of which is prohibited by federal
law.
(b) When a board of education or a registered private
provider is required to receive information
under this section as
a prerequisite to employment of an
individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a
certified copy of records that were issued
by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the
board or provider shall accept the certified copy issued
by the bureau in order to make a
photocopy of it for that
individual's employment application documents and
shall return the
certified copy to the individual. In a case of that nature,
a
district or provider only shall
accept a certified copy of records
of that nature within one year
after the date of their issuance by
the
bureau.
(3) The state board of education may request, with respect
to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this
section, and the
superintendent of the bureau shall proceed as if
the request has
been received from a school district board of
education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request
for information under section 3319.291
of the Revised Code, the
superintendent shall proceed as if the
request has been received
from a school district board of
education under division (F)(2) of
this section.
(5) When a recipient of a classroom
reading
improvement grant
paid under section 3301.86 of the Revised
Code
requests, with
respect to any individual who applies to participate in
providing
any program or service
funded in whole or in
part by the grant,
the information that a school district board of
education is
authorized to request under division
(F)(2)(a) of
this section,
the superintendent of the bureau shall proceed as if the
request
has been
received from a school district board of education under
division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is
required to be made under section 3701.881,
3712.09,
3721.121, or
3722.151 of the Revised
Code with respect to an individual who has
applied for employment in
a position that involves providing
direct care to an older adult, the chief
administrator of a home
health agency,
hospice care program, home licensed under Chapter
3721.
of the Revised Code, adult day-care program
operated
pursuant to rules adopted under section 3721.04 of the
Revised
Code, or adult care facility
may request that the superintendent
of the bureau
investigate and determine, with respect to any
individual who has
applied after
January 27, 1997, for employment
in a position that
does not involve providing
direct care to an
older adult, whether the bureau has any information
gathered under
division (A) of this section that pertains
to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall
also request from the federal bureau of investigation any
criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within
thirty days of the
date a request is received, the superintendent
shall send to the
requester a report of any
information determined to exist,
including information contained
in records that have been sealed
under section 2953.32 of the
Revised Code, and, within thirty days
of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential
and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or
(G) of this section.
(J) As used in this section, "registered private provider"
means a nonpublic school or entity registered with the
superintendent of public instruction under section 3310.41 of the
Revised Code to participate in the autism scholarship program or
section 3310.58 of the Revised Code to participate in the special
education scholarship pilot program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or
5111.96 5111.032, 5111.033, or 5111.034 of the Revised Code with
respect to an applicant for employment with a waiver agency
participating in a department of job and family services
administered home and community-based waiver program or an
independent provider participating in a department administered
home and community-based waiver program in a position that
involves providing home and community-based waiver services to
consumers with disabilities, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this
section to
determine whether any information
exists that indicates that the
person who is the subject of the request
previously has been
convicted of or, has pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On a request pursuant to section 2151.86 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) When conducting a criminal records check on a request
pursuant to section 5104.013 of the Revised Code for a person who
is an owner, licensee, or administrator of a child day-care center
or type A family day-care home, an authorized provider of a
certified type B family day-care home, or an adult residing in a
type A or certified type B home, or when conducting a criminal
records check or a request pursuant to section 5104.012 of the
Revised Code for a person who is an applicant for employment in a
center, type A home, or certified type B home, the superintendent,
in addition to the determination made under division (A)(1) of
this section, shall determine whether any information exists that
indicates that the person has been convicted of or pleaded guilty
to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,
2921.13, or 2923.01 of the Revised Code, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime
specified in this division or division (A)(1)(a) of this section,
or a second violation of section 4511.19 of the Revised Code
within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) Not later than thirty days after the date the
superintendent receives the request, completed form, and
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as
appropriate. The superintendent shall send the person, board, or
entity that made the request a copy of the list of offenses
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section, as appropriate. If the
request was made under section 3701.881 of the Revised Code with
regard to an applicant who may be both responsible for the care,
custody, or control of a child and involved in providing direct
care to an older adult, the superintendent shall provide a list of
the offenses specified in divisions (A)(4) and (6) of this
section.
(B) The superintendent shall conduct any criminal records
check requested under section 121.08, 173.27, 173.394, 1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,
5111.95, 5111.96 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is required by
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or
5153.111 of the Revised Code. The form that the superintendent
prescribes pursuant to this division may be in a tangible format,
in an electronic format, or in both tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is required by section 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033,
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. Any person for whom a records check is required by any of
those sections shall obtain the fingerprint impressions at a
county sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033,
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The person making a criminal records request under section
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,
4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5111.033,
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code shall pay the fee prescribed pursuant to this division. A
person making a request under section 3701.881 of the Revised Code
for a criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult shall pay one
fee for the request. In the case of a request under section
5111.032 of the Revised Code, the fee shall be paid in the manner
specified in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this
section
that is made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) When the superintendent receives a request for
information from a registered private provider, the superintendent
shall proceed as if the request has been received from a school
district board of education under section 3319.39 of the Revised
Code. The superintendent shall apply division (A)(7) of this
section to any such request for an applicant who is a teacher.
(F) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Home and community-based waiver services" and "waiver
agency" have the same meanings as in section 5111.95 of the
Revised Code.
(3) "Independent provider" has the same meaning as in section
5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(5)(3) "Older adult" means a person age sixty or older.
(4) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the special education scholarship pilot program.
Sec. 109.93. The attorney general education fund is hereby
created in the
custody of the treasurer of state treasury. The
fund shall consist of gifts and grants
received by the attorney
general for the purposes of the fund. The fund shall
be
administered by the attorney general and shall be used to support
various
educational programs. These educational programs may
include programs for
consumer protection, victims of crime,
environmental protection, drug abuse,
child abuse, peace officer
training, crime prevention, and law. The fund may
also be used to
pay costs associated with the solicitation of gifts and grants
for
the purposes of the fund, and the costs of administering the fund.
The
fund shall not be used to replace money spent by local
programs for similar
purposes.
Sec. 111.18. (A) The secretary of state shall keep a
record
of all fees collected by the secretary of state and,
subject to
division (B) of section
1309.528
of the Revised Code
and except
as
otherwise provided in
the Revised Code, shall
pay
them into the
state
treasury to the credit of the
corporate and uniform
commercial code filing
fund created
by section
1309.528 of the
Revised Code.
(B)
The secretary of state may implement alternative payment
programs that permit payment of any fee charged by the secretary
of state by means other than cash, check, money order, or credit
card; an alternative payment program may include, but is not
limited to, one that permits a fee to be paid by electronic means
of transmission. Fees paid under an alternative payment program
shall be deposited to the credit of the secretary of state
alternative payment program fund, which is hereby created. The
secretary of state alternative payment program fund shall be in
the custody of the treasurer of state but shall not be part of the
state treasury. Any investment income of the secretary of state
alternative payment program fund shall be credited to that fund
and used to operate the alternative payment program. Within
two
working days following the deposit of funds to the credit of the
secretary of state alternative payment program fund, the secretary
of state shall pay those funds into the state treasury to the
credit
of the corporate and uniform commercial code filing fund,
subject
to division (B) of section 1309.401 of the Revised Code
and except
as otherwise provided in the Revised Code.
The secretary of state shall adopt rules necessary to carry
out the purposes of this division.
Sec. 117.11. (A) Except as otherwise provided in this
division and in sections 117.112 and 117.113 of the Revised Code,
the auditor
of state shall audit
each public office
at least once
every two
fiscal years. The auditor of state
shall
audit a public
office
each fiscal year if that public office is
required
to be
audited
on an annual basis pursuant to "The Single
Audit Act of
1984," 98
Stat. 2327, 31 U.S.C.A. 7501
et seq., as
amended. In
the annual or
biennial audit,
inquiry shall be made
into the
methods, accuracy,
and legality of
the accounts,
financial
reports, records, files,
and reports of
the office,
whether the
laws, rules, ordinances,
and orders
pertaining
to the
office have
been observed, and
whether the requirements
and rules
of the
auditor of state have
been complied with.
Except as
otherwise
provided in this division
or where auditing
standards or
procedures dictate otherwise,
each
audit shall cover at least one
fiscal year. If a public office is
audited only once every two
fiscal years, the audit shall cover
both fiscal
years.
(B) In addition to the annual or biennial audit provided for
in
division (A) of this section, the auditor of state may conduct
an
audit of a public office
at any time
when so requested by the
public office or upon the auditor of state's own
initiative if the
auditor of state has reasonable cause to believe that an
additional audit is in the public interest.
(C)(1) The auditor of state shall identify any public
office
in which the auditor of state will be unable to conduct an
audit
at least once every two fiscal years as required by
division (A)
of this section and shall provide immediate written notice to the
clerk
of the legislative authority or governing board of the
public
office so identified. Within six months of the receipt of
such
notice, the legislative authority or governing board may
engage
an independent certified public accountant to conduct an
audit
pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office
notifies
the auditor of state that an audit is required at a time
prior to
the next regularly scheduled audit by the auditor of
state, the
auditor of state shall either cause an earlier audit
to
be made by
the auditor of state or authorize the legislative
authority or
governing board of the public office to engage an
independent
certified public accountant to conduct the required
audit. The
scope of the audit shall be as authorized by the
auditor of state.
(3) The auditor of state shall approve the scope of an
audit
under division (C)(1) or (2) of this section as set
forth in the
contract for the proposed audit before the contract is
executed on
behalf of the public office that is to be audited.
The independent
accountant conducting an audit under division
(C)(1) or (2) of
this section shall be paid by the public
office.
(D) If a uniform accounting network is established under
section 117.101 of the Revised Code, the auditor of state or a
certified public accountant employed pursuant to this section or
section 115.56 or 117.112 of the Revised Code shall, to the extent
practicable, utilize services offered by the network in order to
conduct efficient and economical audits of public offices.
(E) The auditor of state shall, in accordance with
division
(A)(3) of section 9.65 of the Revised Code and this
section, audit
an annuity program for volunteer fire fighters
established by a
political subdivision under section 9.65 of the
Revised Code. As
used in this section, "volunteer fire fighters"
and "political
subdivision" have the same meanings as in division
(C) of section
9.65 of the Revised Code.
Sec. 117.112. The auditor of state shall audit the buckeye
tobacco settlement financing authority each fiscal year in
accordance with this chapter. The auditor may engage an
independent certified public accountant to conduct the audit.
Sec. 117.113. The auditor of state shall audit each science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code in accordance with this chapter
each fiscal year.
Sec. 119.07. Except when a statute prescribes a notice and
the persons to whom it shall be given, in all cases in which
section 119.06 of the Revised Code requires an agency to afford
an
opportunity for a hearing prior to the issuance of an order,
the
agency shall give notice to the party informing him the
party of
his the party's
right to a hearing. Notice shall be given by
registered mail,
return receipt requested, and shall include the
charges or other
reasons for the proposed action, the law or rule
directly
involved, and a statement informing the party that he the
party
is entitled
to a hearing if he the party requests it within
thirty days of
the time of
mailing the notice. The notice shall
also inform the party that
at the hearing he the party may appear
in person, by his
the party's attorney, or by
such other
representative as is permitted to practice before the
agency, or
may present his the party's position, arguments, or
contentions in
writing and that at the hearing he the party may present
evidence
and
examine witnesses appearing for and against him the party. A
copy of the
notice shall be mailed to attorneys or other
representatives of
record representing the party. This paragraph
does not apply to
situations in which such section provides for a
hearing only when
it is requested by the party.
When a statute specifically permits the suspension of a
license without a prior hearing, notice of the agency's order
shall be sent to the party by registered mail, return receipt
requested, not later than the business day next succeeding such
order. The notice shall state the reasons for the agency's
action,
cite the law or rule directly involved, and state that
the party
will be afforded a hearing if he the party requests it
within
thirty days of the time of mailing the notice. A copy of the
notice shall be mailed to attorneys or other representatives of
record representing the party.
Whenever a party requests a hearing in accordance with this
section and section 119.06 of the Revised Code, the agency shall
immediately set the date, time, and place for the hearing and
forthwith notify the party thereof. The date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the party has requested a hearing, unless otherwise agreed
to by both the agency and the party.
When any notice sent by registered mail, as required by
sections 119.01 to 119.13 of the Revised Code, is returned
because
of failure of delivery the party fails to claim the notice, the
agency shall send the notice by ordinary mail to the party at the
party's last known address and shall obtain a certificate of
mailing. Service by ordinary mail is complete when the certificate
of mailing is obtained unless the notice is returned showing
failure of delivery.
If any notice sent by registered or ordinary mail is returned
for failure of delivery, the agency either shall make
personal
delivery of the notice by an employee or agent of the agency or
shall cause a summary of the substantive provisions of the notice
to be published once a week for three
consecutive weeks in a
newspaper of general circulation in the
county where the last
known place of residence or business address of the
party is
located. When notice is given by publication, a copy of
the
newspaper proof of publication affidavit, with the first
publication of the notice marked set forth in the affidavit,
shall
be mailed by ordinary mail to the party at the party's last known
address and the
notice shall be deemed received as of the date of
the last
publication. An employee or agent of the agency may make
personal delivery of the notice upon a party at any time.
Refusal of delivery by personal service or by mail is not
failure of delivery and service is deemed to be complete. Failure
of delivery occurs only when a mailed notice is returned by the
postal authorities marked undeliverable, address or addressee
unknown, or forwarding address unknown or expired. A party's last
known address is the mailing address of the party appearing in the
records of the agency.
The failure of an agency to give the notices for any
hearing
required by sections 119.01 to 119.13 of the Revised Code
in the
manner provided in this section shall invalidate any order
entered
pursuant to the hearing.
Sec. 120.33. (A) In lieu of using a county public
defender
or joint county public defender to represent indigent
persons in
the proceedings set forth in division (A) of section
120.16 of the
Revised Code, the board of county commissioners of
any county may
adopt a resolution to pay counsel who are either
personally
selected by the indigent person or appointed by the
court. The
resolution shall include those provisions the board
of county
commissioners considers necessary to provide effective
representation of indigent persons in any proceeding for which
counsel is provided under this section. The resolution shall
include provisions for contracts with any municipal corporation
under which the municipal corporation shall reimburse the county
for counsel appointed to represent indigent persons charged with
violations of the ordinances of the municipal corporation.
(1) In a county that adopts a resolution to pay counsel,
an
indigent person shall have the right to do either of the
following:
(a) To select the person's own personal counsel to represent
the person in
any proceeding included within the provisions of the
resolution;
(b) To request the court to appoint counsel to represent
the
person in such a proceeding.
(2) The court having jurisdiction over the proceeding in a
county that adopts a resolution to pay counsel shall, after
determining that the person is indigent and entitled to legal
representation under this section, do either of the following:
(a) By signed journal entry recorded on its docket, enter
the
name of the lawyer selected by the indigent person as counsel
of
record;
(b) Appoint counsel for the indigent person if the person
has
requested the court to appoint counsel and, by signed journal
entry recorded on its dockets, enter the name of the lawyer
appointed for the indigent person as counsel of record.
(3) The board of county commissioners shall establish a
schedule of fees by case or on an hourly basis to be paid to
counsel for legal services provided pursuant to a resolution
adopted under this section. Prior to establishing the schedule,
the board of county commissioners shall request the bar
association or associations of the county to submit a proposed
schedule. The schedule submitted shall be subject to the review,
amendment, and approval of the board of county commissioners.
(4) Counsel selected by the indigent person or appointed
by
the court at the request of an indigent person in a county
that
adopts a resolution to pay counsel, except for counsel
appointed
to represent a person charged with any violation of an
ordinance
of a municipal corporation that has not contracted with
the county
commissioners for the payment of appointed counsel,
shall be paid
by the county and shall receive the compensation
and expenses the
court approves. Each request for payment shall
be accompanied by
a
financial disclosure form and an affidavit of
indigency that are
completed by the
indigent person on forms prescribed by the state
public defender.
Compensation and expenses shall not exceed the
amounts fixed by
the board of county commissioners in the schedule
adopted
pursuant to division (A)(3) of this section. No court
shall
approve compensation and expenses that exceed the amount
fixed
pursuant to division (A)(3) of this section.
The fees and expenses approved by the court shall not be
taxed as part of the costs and shall be paid by the county.
However, if the person represented has, or may reasonably be
expected to have, the means to meet some part of the cost of the
services rendered to the person, the person shall pay
the county
an
amount that the person reasonably can be expected to pay.
Pursuant to section 120.04 of the Revised Code, the county shall
pay to the
state public defender a percentage of the
payment
received from the
person in an amount
proportionate to the
percentage of the costs of the person's case
that were paid to the
county by the state public defender
pursuant to this section. The
money paid to the state public
defender shall be credited to the
client payment
fund created pursuant to division (B)(5) of section
120.04 of the
Revised Code.
The county auditor shall draw a warrant on the county
treasurer for the payment of counsel in the amount fixed by the
court, plus the expenses the court fixes and certifies to the
auditor. The county auditor shall report periodically, but not
less than annually, to the board of county commissioners and to
the Ohio state public defender commission the amounts paid out
pursuant
to the approval of the court. The board of county
commissioners,
after review and approval of the auditor's report,
or the county auditor, with permission from and notice to the
board of county commissioners, may then
certify it to the state
public defender for reimbursement. If a The state public defender
may pay a requested reimbursement only if the
request for
reimbursement is not accompanied by a financial
disclosure form
and an affidavit of
indigency completed by the
indigent person on
forms prescribed by
the state public defender,
the state public
defender shall not
pay the requested
reimbursement or if the court
certifies by electronic signature as prescribed by the state
public defender that a financial disclosure form and affidavit of
indigency have been completed by the indigent person and are
available for inspection. If a request for the
reimbursement of
the cost of
counsel in any case is not received
by the state
public defender
within ninety days after the end of
the calendar
month in which
the case is finally disposed of by
the court,
unless the county
has requested and the state public
defender has
granted an
extension of the ninety-day limit, the
state public
defender shall
not pay the requested reimbursement.
The state
public defender
shall also review the report and, in
accordance
with the
standards, guidelines, and maximums
established pursuant
to
divisions (B)(7) and (8) of section
120.04 of the Revised Code,
prepare a voucher for fifty per cent
of the total cost of each
county appointed counsel system in the
period of time covered by
the certified report and a voucher for
fifty per cent of the costs
and expenses that are reimbursable
under section 120.35 of the
Revised Code, if any, or, if the
amount of money appropriated by
the general assembly to reimburse
counties for the operation of
county public defender offices,
joint county public defender
offices, and county appointed
counsel systems is not sufficient to
pay fifty per cent of the
total cost of all of the offices and
systems other than costs and
expenses that are reimbursable under
section 120.35 of the
Revised Code, for the lesser amount required
by section 120.34 of
the Revised Code.
(5) If any county appointed counsel system fails to
maintain
the standards for the conduct of the system established
by the
rules of the Ohio public defender commission pursuant to
divisions
(B) and (C) of section 120.03 or the standards
established by the
state public defender pursuant to division
(B)(7) of section
120.04 of the Revised Code, the Ohio public
defender commission
shall notify the board of county
commissioners of the county that
the county appointed counsel
system has failed to comply with its
rules or the standards of
the state public defender. Unless the
board of county
commissioners corrects the conduct of its
appointed counsel
system to comply with the rules and standards
within ninety days
after the date of the notice, the state public
defender may deny all or part
of the county's reimbursement
from
the state provided for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint
county
public defender to represent indigent persons in the
proceedings
set forth in division (A) of section 120.16 of the
Revised Code,
and in lieu of adopting the resolution and
following
the procedure
described in division (A) of this
section, the board
of county
commissioners of any county may
contract with the state
public
defender for the state public
defender's legal
representation of
indigent persons. A contract entered into
pursuant to this
division may provide for payment for the
services
provided on a
per case, hourly, or fixed contract basis.
(C) If a court appoints an attorney pursuant to this section
to represent a
petitioner in a postconviction relief proceeding
under section 2953.21 of the
Revised Code, the petitioner has
received a sentence of death, and the
proceeding relates to that
sentence, the attorney who represents the petitioner in the
proceeding pursuant to the appointment shall be certified under
Rule
20 of the Rules of Superintendence for
the
Courts
of Ohio
to
represent indigent
defendants charged with or
convicted of an
offense for which the
death penalty can be or has
been imposed.
Sec. 121.48. There is hereby created the office of the
inspector general, to be headed by the inspector general.
The governor shall appoint the inspector general, subject
to
section 121.49 of the Revised Code and the advice and consent
of
the senate. The inspector general shall hold office for a
term
coinciding with the term of the appointing governor. The
governor
may remove the inspector general from office only after
delivering
written notice to the inspector general of the reasons
for which
the governor intends to remove the
inspector general from office
and providing the inspector
general
with an opportunity to appear
and show cause why the inspector
general should not be
removed.
In addition to the duties imposed by section 121.42 of the
Revised Code, the inspector general shall manage the office of
the
inspector general. The inspector general shall establish and
maintain offices in Columbus.
The inspector general may appoint employ and fix the
compensation of one or more deputy
inspectors general. Each deputy
inspector general shall serve
for a term coinciding with the term
of the appointing inspector
general, and shall perform the duties,
including the performance
of investigations, that are assigned by
the inspector general. All
deputy inspectors general are in the
unclassified service and
serve at the pleasure of the inspector
general.
In addition to deputy inspectors general, the inspector
general may appoint employ and fix the compensation of
professional, technical, and clerical
employees that are necessary
for the effective and efficient
operation of the office of the
inspector general. All
professional, technical, and clerical
employees of the office of
the inspector general are in the
unclassified service and serve
at the pleasure of the appointing
inspector general.
The inspector general may enter into any contracts that are
necessary to the operation of the office of the inspector
general.
The contracts may include, but are not limited to,
contracts for
the services of persons who are experts in a
particular field and
whose expertise is necessary to the
successful completion of an
investigation.
Not later than the first day of March in each year, the
inspector general shall publish an annual report summarizing the
activities of the inspector general's office during the
previous
calendar year. The
annual report shall not disclose the results of
any investigation
insofar as the results are designated as
confidential under
section 121.44 of the Revised Code.
The inspector general shall provide copies of the inspector
general's annual
report to the governor and the general assembly.
The inspector
general also shall provide a copy of the annual
report to
any
other person who requests the copy and pays a fee
prescribed by
the inspector general. The fee shall not exceed the
cost of
reproducing and delivering the annual report.
Sec. 121.51. There is hereby created in the office of the
inspector general the position of deputy inspector general for the
department of transportation. The inspector general shall appoint
the deputy inspector general, and the deputy inspector general
shall serve at the pleasure of the inspector general. A person
employed as the deputy inspector general shall have the same
qualifications as those specified in section 121.49 of the Revised
Code for the inspector general. The inspector general shall
provide technical, professional, and clerical assistance to the
deputy inspector general. The inspector general shall certify to
the director of budget and management the costs incurred by the
deputy inspector general, including the salaries of the deputy
inspector general and the employees assisting the deputy inspector
general, that the inspector general expects the deputy inspector
general to incur during the fiscal year or such lesser period for
which the certification is made. The director of budget and
management shall transfer the amount amounts certified to the
deputy inspector general for ODOT fund, which is hereby created in
the state treasury, from the appropriation made to the department
of transportation from which expenditures for general
administrative purposes, as distinguished from specific
infrastructure projects, are made. The transfers shall be made in
accordance with a schedule that the inspector general considers to
be appropriate but shall not be in amounts that would create a
balance in the fund in excess of need or that would exceed the
amount appropriated from the fund. The inspector general shall use
the deputy inspector general for ODOT fund to pay costs incurred
by the deputy inspector general.
The deputy inspector general shall investigate all wrongful
acts or omissions that have been committed or are being committed
by employees of the department. In addition, the deputy inspector
general shall conduct a program of random review of the processing
of contracts associated with building and maintaining the state's
infrastructure. The random review program shall be designed by the
inspector general. The program shall be confidential and may be
altered by the inspector general at any time. The deputy inspector
general has the same powers and duties regarding matters
concerning the department as those specified in sections 121.42,
121.43, and 121.45 of the Revised Code for the inspector general.
Complaints may be filed with the deputy inspector general in the
same manner as prescribed for complaints filed with the inspector
general under section 121.46 of the Revised Code. All
investigations conducted and reports issued by the deputy
inspector general are subject to section 121.44 of the Revised
Code.
All officers and employees of the department shall cooperate
with and provide assistance to the deputy inspector general in the
performance of any investigation conducted by the deputy inspector
general. In particular, those persons shall make their premises,
equipment, personnel, books, records, and papers readily available
to the deputy inspector general. In the course of an
investigation, the deputy inspector general may question any
officers or employees of the department and any person transacting
business with the department and may inspect and copy any books,
records, or papers in the possession of the department, taking
care to preserve the confidentiality of information contained in
responses to questions or the books, records, or papers that are
made confidential by law. In performing any investigation, the
deputy inspector general shall avoid interfering with the ongoing
operations of the department, except insofar as is reasonably
necessary to complete the investigation successfully.
At the conclusion of an investigation by the deputy inspector
general, the deputy inspector general shall deliver to the
director of transportation and the governor any case for which
remedial action is necessary. The deputy inspector general shall
maintain a public record of the activities of the deputy inspector
general to the extent permitted under this section, ensuring that
the rights of the parties involved in each case are protected. The
inspector general shall include in the annual report required by
section 121.48 of the Revised Code a summary of the deputy
inspector general's activities during the previous year.
No person shall disclose any information that is designated
as confidential in accordance with section 121.44 of the Revised
Code or any confidential information that is acquired in the
course of an investigation conducted under this section to any
person who is not legally entitled to disclosure of that
information.
Sec. 122.051. There is hereby created in the state treasury
the international trade cooperative projects fund. The fund shall
consist of moneys received from private and nonprofit
organizations involved in cooperative agreements related to
import/export and direct foreign investment activities and cash
transfers from other state agencies or any state or local
government to encourage, promote, and assist trade and commerce
between this state and foreign nations, pursuant to section 122.05
and division (E) of section 122.04 of the Revised Code.
Sec. 122.071. There is hereby created in the state treasury
the travel and tourism cooperative projects fund consisting of all
grants, gifts, and contributions made to the director of
development for marketing and promotion of travel and tourism
within this state pursuant to division (F) of section 122.04 and
section 122.07 of the Revised Code.
Sec. 122.076. There is hereby created in the state treasury
the energy projects fund consisting of nonfederal revenue that is
remitted to the director of development for the purpose of energy
projects. Money in the fund shall be used by the department of
development for energy projects and to pay the costs incurred in
administering the energy projects.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed
for consideration for at least an average of thirty-five hours a
week
or, who renders any other standard of service generally
accepted
by custom or specified by contract as full-time
employment, or who is employed for consideration for such time or
renders such service but is on family or medical leave under the
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,
107 Stat. 6, as amended, or on active duty reserve or Ohio
national guard service.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the
project that is the subject of the agreement after the
taxpayer
enters into a tax credit agreement with the tax credit
authority
under this section;
(b) A full-time employee first employed by a taxpayer in
the
project that is the subject of the tax credit after the tax
credit
authority approves a project for a tax credit under this
section
in a public meeting, as long as the taxpayer enters into
the tax
credit agreement prepared by the department of
development after
such meeting within sixty days after receiving
the agreement from
the department. If the taxpayer fails to
enter into the agreement
within sixty days, "new employee" has
the same meaning as under
division (A)(2)(a) of this section. A full-time employee may be
considered a "new employee" of a taxpayer, despite previously
having been employed by a related member of the taxpayer, if all
of the following apply:
(i) The related member is a party to the tax credit agreement
at the time the employee is first employed with the taxpayer;
(ii) The related member will remain subject to the tax
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied
under Chapter 5751. of the Revised Code for the remainder of the
term of the tax credit, and the tax credit is taken against
liability for that same tax through the remainder of the term of
the tax credit; and
(iii) The employee was considered a new employee of the
related member prior to employment with the taxpayer.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. Except as otherwise provided in
this paragraph, "new employee" does not include
any employee of
the taxpayer who was previously employed in this
state by a
related member of the taxpayer and whose employment
was shifted to
the taxpayer after the taxpayer entered into the
tax credit
agreement or after the tax credit authority approved
the credit in
a public meeting, or any employee of the taxpayer
for which the
taxpayer has been granted a certificate under
division (B) of
section 5709.66 of the Revised Code.
However, if the taxpayer is
engaged in the enrichment and commercialization of uranium or
uranium products or is engaged in research and development
activities related thereto and if the tax credit authority
determines it appropriate, "new employee" may include an employee
of the taxpayer who was previously employed in this state by a
related member of the taxpayer and whose employment was shifted to
the taxpayer after the taxpayer entered into the tax credit
agreement or after the tax credit authority approved the credit in
a public meeting. "New employee" does not include an employee of
the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer
in this state.
In
addition, "new employee" does not include a
child, grandchild,
parent, or spouse, other than a spouse who is
legally separated
from the individual, of any individual who is an
employee of the
taxpayer and who has a direct or indirect
ownership interest of
at least five per cent in the profits,
capital, or value of the
taxpayer. Such ownership interest shall
be determined in
accordance with section 1563 of the Internal
Revenue Code and
regulations prescribed thereunder.
(3) "New income tax revenue" means the total amount
withheld
under section 5747.06 of the Revised Code by the
taxpayer during
the taxable year, or during the calendar year that includes the
tax period, from the compensation of new
employees for the tax
levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division
(A)(6) of section 5733.042 of the Revised Code without
regard to
division (B) of that section.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5725.18, 5729.03, 5733.06, or
5747.02 or levied
under Chapter 5751. of the Revised Code. The
credit shall be
claimed for the taxable years or tax periods specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. With respect to taxes imposed under section
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the
credit shall be claimed in the order required under section
5733.98, 5747.98, or 5751.98
of the Revised Code. The amount of
the credit available for a taxable year or for a calendar year
that includes a tax period equals the new
income tax revenue for
that year multiplied by the
percentage specified in the agreement
with the tax credit
authority. Any credit granted under this
section against the tax imposed by section 5733.06 or 5747.02 of
the Revised Code, to the extent not fully utilized against such
tax for taxable years ending prior to 2008, shall automatically be
converted without any action taken by the tax credit authority to
a credit against the tax levied under Chapter 5751. of the Revised
Code for tax periods beginning on or after July 1, 2008, provided
that the person to whom the credit was granted is subject to such
tax. The converted credit shall apply to those calendar years in
which the remaining taxable years specified in the agreement end.
(C) A taxpayer or potential taxpayer who proposes a
project
to create new jobs in this state may apply to the tax
credit
authority to enter into an agreement for a tax credit
under this
section. The director of development
shall prescribe
the form of
the application. After receipt of an application,
the authority
may enter into an agreement with the taxpayer for a
credit under
this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the
following:
(1) A detailed description of the project that is the
subject
of the agreement;
(2) The term of the tax credit, which shall not exceed
fifteen
years, and the first taxable year, or first calendar year
that includes a tax period, for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations
at the project location for at least twice the number
of years as
the term of the tax credit;
(4) The percentage, as determined by the tax credit
authority, of new income tax revenue that will be allowed as the
amount of the credit for each taxable year or for each calendar
year that includes a tax period;
(5) A specific method for determining how many new
employees
are employed during a taxable year or during a calendar year that
includes a tax period;
(6) A requirement that the taxpayer annually shall report
to
the director of development the number of new
employees, the
new
income tax revenue withheld in connection with the new
employees,
and any other information the director needs to
perform the
director's duties under this section;
(7) A requirement that the director of
development
annually
shall verify the amounts reported under division (D)(6)
of this
section, and after doing so shall issue a certificate to
the
taxpayer stating that the amounts have been verified;
(8)(a) A provision requiring that the
taxpayer, except as
otherwise provided in division
(D)(8)(b) of this section,
shall
not relocate employment positions from elsewhere in this state to
the
project site that
is the subject of the agreement for the
lesser of five years from the date the
agreement is entered into
or the number of years the
taxpayer is entitled to claim the tax
credit.
(b) The taxpayer may relocate employment positions from
elsewhere
in
this state to the project site that is the subject of
the agreement if the
director of development determines both of
the
following:
(i) That the site from which the employment positions would
be
relocated
is inadequate to meet market and industry conditions,
expansion plans,
consolidation plans, or other business
considerations affecting the
taxpayer;
(ii) That the legislative authority of the county,
township,
or municipal corporation from which the employment positions would
be relocated has
been notified of the relocation.
For purposes of this section, the movement of an
employment
position from one political subdivision to another
political
subdivision shall be considered a relocation of an
employment
position, but the transfer of an individual employee
from one
political subdivision to another political subdivision
shall not
be considered a relocation of an employment position
as long as
the individual's employment position in the first
political
subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any
condition
or requirement set forth in a tax credit agreement, the
tax credit
authority may amend the agreement to reduce the
percentage or term
of the tax credit. The reduction of the
percentage or term shall
take effect (1) in the taxable year
immediately following the
taxable year in which the authority
amends the agreement or the
director of development notifies the taxpayer in writing of such
failure, or (2) in the first tax period beginning in the calendar
year immediately following the calendar year in which the
authority amends the agreement or the director notifies the
taxpayer in writing of such failure. If the taxpayer fails to
annually report any of the information required by division (D)(6)
of this section within the time required by the director, the
reduction of the percentage or term may take effect in the current
taxable year.
If the taxpayer relocates employment positions in
violation of the
provision required
under division (D)(8)(a)
of
this section, the taxpayer shall not claim the tax credit under
section
5733.0610 of the Revised Code for any tax years
following
the calendar year in which the relocation occurs, or shall not
claim
the tax credit under
section 5725.32, 5729.032, or 5747.058
of the Revised Code for the taxable year in
which the relocation
occurs and any subsequent taxable years, and shall not claim the
tax credit under division (A) of section 5751.50 of the Revised
Code for any tax period in the calendar year in which the
relocation occurs and any subsequent tax periods.
(F) Projects that consist solely of
point-of-final-purchase
retail facilities are not eligible for a
tax credit under this
section. If a project consists of both
point-of-final-purchase
retail facilities and nonretail
facilities, only the portion of
the project consisting of the
nonretail facilities is eligible for
a tax credit and only the
new income tax revenue from new
employees of the nonretail
facilities shall be considered when
computing the amount of the
tax credit. If a warehouse facility is
part of a
point-of-final-purchase retail facility and supplies
only that
facility, the warehouse facility is not eligible for a
tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this
division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to
the department of development or the tax
credit authority by
an
applicant or recipient of a tax credit under this section, and
any
information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner or, if the applicant or recipient
is an insurance company, upon the request of the superintendent of
insurance, the chairperson of the
authority
shall provide to the
commissioner or superintendent any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner or superintendent
shall preserve the
confidentiality of the statement or
information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner or, if the taxpayer is an insurance
company, to the superintendent of insurance, a copy of the
director of
development's certificate of verification under
division (D)(7)
of this section with the taxpayer's tax report or
return for the taxable year or for the calendar year that includes
the tax period. Failure to submit
a copy of the certificate with
the report or return does not invalidate a claim for a
credit if
the taxpayer submits a copy of the certificate to the commissioner
or superintendent within sixty days after the commissioner or
superintendent requests it.
(I) The director of development, after
consultation with
the
tax commissioner and the superintendent of insurance and in
accordance with Chapter 119. of the
Revised Code, shall adopt
rules necessary to implement this
section. The rules may provide
for recipients of tax credits
under this section to be charged
fees to cover administrative
costs of the tax credit program. The
fees collected shall be credited to the tax incentive programs
operating fund created in section 122.174 of the Revised Code. At
the time the director
gives public
notice under division (A) of
section 119.03 of the Revised Code
of the adoption of the rules,
the director shall submit copies of
the proposed rules to the
chairpersons of the standing
committees on
economic development in
the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include
a partnership, a corporation that has made an election
under
subchapter S of chapter one of subtitle A of the Internal
Revenue
Code, or any other business entity through which income
flows as a
distributive share to its owners. A credit received
under this
section by a partnership, S-corporation, or other such
business
entity shall be apportioned among may elect to pass the credit
received under this section through to the persons to whom
the
income or profit of the partnership, S-corporation, or other
entity is distributed,. The election shall be made on the annual
report required under division (D)(6) of this section. The
election applies to and is irrevocable for the credit for which
the report is submitted. If the election is made, the credit shall
be apportioned among those persons in the same proportions as
those in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer
who has received a credit under this section is not
complying with
the requirement under division (D)(3) of this
section, the
director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the
taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five
per cent of the sum of any previously allowed credits
under this
section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of
any previously allowed credits under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner or superintendent of
insurance, as appropriate. If the amount is certified to the
commissioner, the commissioner
shall make an assessment for that
amount against the taxpayer
under Chapter 5733., 5747., or 5751.
of the Revised Code. If the amount is certified to the
superintendent, the superintendent shall make an assessment for
that amount against the taxpayer under Chapter 5725. or 5729. of
the Revised Code. The time
limitations on assessments under those
chapters do not apply to an assessment under this division,
but
the commissioner or superintendent, as appropriate, shall make the
assessment within one year
after the date the authority certifies
to the commissioner or superintendent
the amount to be
refunded.
(L) On or before the thirty-first day of March each year,
the
director of development shall submit a
report to the
governor, the
president of the senate, and the speaker of the
house of
representatives on the tax credit program under this
section. The
report shall include information on the number of
agreements that
were entered into under this section during the
preceding calendar
year, a description of the project that is the
subject of each
such agreement, and an update on the status of
projects under
agreements entered into before the preceding
calendar year.
(M) There is hereby created the tax credit authority,
which
consists of the director of development
and four other
members
appointed as follows: the governor, the president of the
senate,
and the speaker of the house of representatives each
shall appoint
one member who shall be a specialist in economic
development; the
governor also shall appoint a member who is a
specialist in
taxation. Of the initial appointees, the members
appointed by the
governor shall serve a term of two years; the
members appointed by
the president of the senate and the speaker
of the house of
representatives shall serve a term of four years.
Thereafter,
terms of office shall be for four years. Initial
appointments to
the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of
the term for
which the member was appointed. Vacancies shall be
filled in
the same
manner provided for original appointments. Any
member appointed
to fill a vacancy occurring prior to the
expiration of the term
for which the member's predecessor was
appointed shall hold
office for the
remainder of that term.
Members may be reappointed to the
authority. Members of the
authority shall receive their
necessary and actual expenses while
engaged in the business of
the authority. The director of
development
shall serve as
chairperson of the authority, and the
members annually
shall elect a
vice-chairperson from among
themselves. Three
members of the
authority constitute a quorum to
transact and vote on the
business of the authority. The majority
vote of the membership
of the authority is necessary to approve
any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional
employee of the department of
development to serve as the
director's substitute at a meeting of the
authority. The director
shall
make the appointment in writing. In the absence of the
director
from a meeting of the authority, the appointed substitute
shall
serve as chairperson. In the absence of both the
director
and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
(N) For purposes of the credits granted by this section
against the taxes imposed under sections 5725.18 and 5729.03 of
the Revised Code, "taxable year" means the period covered by the
taxpayer's annual statement to the superintendent of insurance.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to an elected consolidated
taxpayer or a combined taxpayer as defined in section 5751.01 of
the Revised Code.
(2) "Eligible business" means a business with Ohio
operations
satisfying all of the following:
(a) Employed an average of at least one thousand employees
in
full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made or has caused to be
made payments for the
capital investment project, including
payments made by an unrelated third party entity as a result of a
lease of not less than twenty years in term, of
either of the
following:
(i) At least two hundred million dollars in the aggregate
at
the project
site during a period of three consecutive calendar
years
including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the
credit is
granted;
(ii) If the average wage of all full-time employment
positions at the
project site is greater than four hundred per
cent of the federal
minimum wage, at least one hundred million
dollars in the aggregate at the project
site during a period of
three consecutive calendar years including
the calendar year that
includes a day of the taxpayer's taxable
year or tax period with
respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions;. If the investment under division (A)(2)(b) of this
section was made by a third party entity as a result of a lease of
not less than twenty years in term, the project must include
headquarters operations that are part of a mixed use development
that includes at least two of the following: office, hotel,
research and development, or retail facilities.
(d) Has had a capital investment project reviewed and
approved by the tax credit
authority as provided in divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least an average of
thirty-five hours a
week that has been
filled for at least
one
hundred eighty days immediately preceding
the filing of an
application under this section and for at least
one hundred eighty
days during each taxable year or each calendar year that includes
a tax period with respect to
which the credit is
granted, or is
employed in such position for consideration for such time, but is
on active duty reserve or Ohio national guard service.
(4)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5) "Project site" means an integrated complex
of facilities
in this state, as specified
by the tax credit authority under this
section, within a
fifteen-mile radius where a taxpayer
is
primarily operating as an eligible business.
(6) "Applicable corporation" means a corporation satisfying
all of the following:
(a)(i) For the entire taxable year immediately preceding the
tax year, the corporation develops software applications primarily
to provide telecommunication billing and information services
through outsourcing or licensing to domestic or international
customers.
(ii) Sales and licensing of software generated at least six
hundred million dollars in revenue during the taxable year
immediately preceding the tax year the corporation is first
entitled to claim the credit provided under division (B) of this
section.
(b) For the entire taxable year immediately preceding the tax
year, the corporation or one or more of its related members
provides customer or employee care and technical support for
clients through one or more contact centers within this state, and
the corporation and its related members together have a daily
average, based on a three-hundred-sixty-five-day year, of at least
five hundred thousand successful customer contacts through one or
more of their contact centers, wherever located.
(c) The corporation is eligible for the credit under division
(B) of this section for the tax year.
(7) "Related member" has the same meaning as in section
5733.042 of the Revised Code as that section existed on the
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd
general assembly, September 29, 1997.
(8) "Successful customer contact" means a contact with an end
user via telephone, including interactive voice recognition or
similar means, where the contact culminates in a conversation or
connection other than a busy signal or equipment busy.
(9) "Telecommunications" means all forms of
telecommunications service as defined in section 5739.01 of the
Revised Code, and includes services in wireless, wireline, cable,
broadband, internet protocol, and satellite.
(10)(a) "Applicable difference" means the difference between
the tax for the tax year under Chapter 5733. of the Revised Code
applying the law in effect for that tax year, and the tax for that
tax year if section 5733.042 of the Revised Code applied as that
section existed on the effective date of its amendment by Am. Sub.
H.B. 215 of the 122nd general assembly, September 29, 1997,
subject to division (A)(10)(b) of this section.
(b) If the tax rate set forth in division (B) of section
5733.06 of the Revised Code for the tax year is less than eight
and one-half per cent, the tax calculated under division
(A)(10)(a) of this section shall be computed by substituting a tax
rate of eight and one-half per cent for the rate set forth in
division (B) of section 5733.06 of the Revised Code for the tax
year.
(c) If the resulting difference is negative, the applicable
tax difference for the tax year shall be zero.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application
by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code for a period up to fifteen
taxable years and against the tax levied by Chapter 5751. of the
Revised Code for a period of up to fifteen calendar years
provided, however, that if the project site is leased, the term of
the tax credit cannot exceed the lesser of fifteen years or
one-half the term of the lease, including any permitted renewal
periods. The credit shall be in an
amount not exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time employment
positions at the
project site during the calendar year that
includes the last day of such business' taxable year or tax period
with respect
to which the
credit is granted. The amount of the
credit shall
not be based on
the Ohio income tax withheld from
full-time
employees for a
calendar year prior to the calendar year
in which
the
minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The
credit shall
be
claimed only for the taxable years or tax periods specified
in
the
eligible
business' agreement with the tax credit authority
under division
(E) of this section, but in no event shall the
credit be claimed
for a taxable year or tax period terminating
before the date
specified in the
agreement. Any credit granted
under this section against the tax imposed by section 5733.06 or
5747.02 of the Revised Code, to the extent not fully utilized
against such tax for taxable years ending prior to 2008, shall
automatically be converted without any action taken by the tax
credit authority to a credit against the tax levied under Chapter
5751. of the Revised Code for tax periods beginning on or after
July 1, 2008, provided that the person to whom the credit was
granted is subject to such tax. The converted credit shall apply
to those calendar years in which the remaining taxable years
specified in the agreement end.
The credit computed under this division is in addition to any
credit allowed under division (M) of this section which the tax
credit authority may also include in the agreement.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
the authority determines all of
the
following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to
complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least twice the term of the
credit.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject
of the agreement, including the amount of the investment,
the
period over which the investment has been or is being made,
and
the number of full-time employment positions at the project
site.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed.
(4) A requirement that the taxpayer maintain
operations at
the project site for at least twice the number
of years as the
term of the credit.
(5) A requirement that the taxpayer retain a specified
number
of full-time employment positions at the project site and
within
this state for the term of the credit, including a
requirement
that the taxpayer continue to employ at least one
thousand
employees in full-time employment positions at the
project
site
during the entire term of any agreement, subject to
division
(E)(7)
of this section.
(6) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the capital investment project, and any other information the
director needs to perform the director's duties under this
section.
(7) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year. Unless otherwise specified by the tax
credit authority in a resolution and included as part of the
agreement, the director shall not issue a
certificate for any year
in which the total number of filled
full-time employment positions
for each day of the calendar year
divided by three hundred
sixty-five is less than ninety per cent
of the full-time
employment positions specified in division (E)(5)
of this section.
In determining the number of full-time
employment positions, no
position shall be counted that is filled
by an employee who is
included in the calculation of a tax credit
under section 122.17
of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the taxpayer;
(ii) That the legislative authority of the county, township,
or municipal corporation from which the employment positions would
be relocated has been notified of the relocation.
For purposes of
this section, the movement of an employment
position from one
political subdivision to another political
subdivision shall be
considered a relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee from one
political
subdivision
to another political subdivision shall not
be
considered a
relocation of an employment position as long as
the
individual's
employment position in the first political
subdivision is
refilled.
(9) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect (1) in the taxable year immediately following the taxable
year
in which the authority amends the agreement or the director
of development notifies the taxpayer in writing of such failure,
or (2) in the first tax period beginning in the calendar year
immediately following the calendar year in which the authority
amends the agreement or the director notifies the taxpayer in
writing of such failure. If the taxpayer fails to annually report
any of the information required by division (E)(6) of this section
within the time required by the director, the reduction of the
percentage or term may take effect in the current taxable year. If
the taxpayer
relocates employment positions in violation of the
provision
required under division (D)(8)(a) of this section, the
taxpayer
shall not claim the tax credit under section 5733.0610 of
the
Revised Code for any tax years following the calendar year in
which the relocation occurs, shall not claim the tax credit
under
section 5747.058 of the Revised Code for the taxable year in
which
the relocation occurs and any subsequent taxable years, and shall
not claim the tax credit under division (A) of section 5751.50 of
the Revised Code for the tax period in which the relocation occurs
and any subsequent tax periods.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall
submit to the tax commissioner a copy of the director of
development's certificate of verification under division (E)(7) of
this section with the taxpayer's tax report or return for the
taxable year or for the calendar year that includes the tax
period. Failure to submit a
copy of the certificate with the
report or return does not invalidate a claim for a credit if the
taxpayer submits a copy of the certificate to the commissioner
within sixty days after the commissioner requests it.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A tax credit received under
this
section by a partnership, S-corporation, or other such
business
entity shall be apportioned among may elect to pass the credit
received under this section through to the persons to whom the
income or profit of the partnership, S-corporation, or other
entity is distributed,. The election shall be made on the annual
report required under division (E)(6) of this section. The
election applies to and is irrevocable for the credit for which
the report is submitted. If the election is made, the credit shall
be apportioned among those persons in the same proportions as
those in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
that received a tax credit under this section is
not
complying
with the requirement under division (E)(4) of this
section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the
taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site
for less than the term of the credit, the amount required to
be
refunded shall not exceed the amount of any tax credits
previously
allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site
longer than the term of the credit but less than one and
one-half
times the term of the credit, the amount required to be
refunded
shall not exceed fifty per cent of the sum of any tax
credits
previously allowed and received under this section.
(3) If the taxpayer maintained operations at the project
site
for at least one and one-half times the term of the credit
but
less than twice the term of the credit, the amount required to
be
refunded shall not exceed twenty-five per cent of the sum of
any
tax credits previously allowed and received under this
section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making
the determination, the authority shall certify the amount
to be
refunded to the tax commissioner. The commissioner shall
make an
assessment for that amount against the taxpayer under
Chapter
5733., 5747., or 5751. of the Revised Code. The time limitations
on assessments under those chapters do
not apply to an assessment
under this division, but the
commissioner shall make the
assessment within one year after the
date the authority certifies
to the commissioner the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year, or in
the calendar year that includes the tax period, in which
the
authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under
this section to be charged fees to cover administrative
costs of
the tax credit program. The fees collected shall be credited to
the tax incentive programs operating fund created in section
122.174 of the Revised Code. At the time the director gives
public
notice under division (A) of section 119.03 of the Revised
Code of
the adoption of the rules, the director shall submit
copies of the
proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(L) On or before the thirty-first day of March of each year,
the director of development shall submit a report to the governor,
the president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
(M)(1) A nonrefundable credit shall be allowed to an
applicable corporation and its related members in an amount equal
to the applicable difference. The credit is in addition to the
credit granted to the corporation or related members under
division (B) of this section. The credit is subject to divisions
(B) to (E) and division (J) of this section.
(2) A person qualifying as an applicable corporation under
this section for a tax year does not necessarily qualify as an
applicable corporation for any other tax year. No person is
entitled to the credit allowed under division (M) of this section
for the tax year immediately following the taxable year during
which the person fails to meet the requirements in divisions
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled
to the credit allowed under division (M) of this section for any
tax year for which the person is not eligible for the credit
provided under division (B) of this section.
Sec. 122.174. There is hereby created in the state treasury
the tax incentive programs operating fund. Money collected
pursuant to division (I) of section 121.17, division (K) of
section 122.171, division (C) of section 3735.672, and division
(C) of section 5709.68 of the Revised Code shall be credited to
the fund. The director of development shall use money in the fund
to pay expenses related to the administration of the tax credit
programs authorized by sections 122.17, 122.171, 3735.672, and
5709.68 of the Revised Code.
Sec. 122.602.
(A)
There is hereby created in the
department
of
development the capital access loan program to assist
participating financial
institutions in making program loans
to
eligible businesses that face barriers in accessing working
capital and obtaining fixed asset financing. In administering the
program, the
director of development may do any of the following:
(1) Receive and accept grants, gifts, and contributions of
money,
property, labor, and other things of value to be held,
used, and
applied only for the purpose for which the grants,
gifts,
and
contributions are made, from individuals, private and
public
corporations, the United States or any agency of the
United
States, the state or any agency of the state, or any
political
subdivision of the state;
(2) Agree to repay any
contribution of money
or return any
property contributed or the
value of that property
at the times,
in the amounts, and on the
terms and conditions,
excluding the
payment of interest, that the
director consents to
at the time a
contribution is made; and
evidence obligations by
notes, bonds, or
other written
instruments;
(3) Adopt rules under Chapter 119. of the Revised Code to
carry out the
purposes of the
program specified in sections 122.60
to 122.605 of the Revised Code;
(4) Engage in all other acts, and enter into contracts and
execute
all instruments, necessary or appropriate to carry out the
purposes
specified in sections 122.60 to 122.605 of the Revised
Code.
(B) The director shall determine the eligibility of a
financial
institution to participate in the program and may set a
limit on
the number of financial institutions that may participate
in the
program.
(C) To be considered eligible by the director to participate
in
the
program, a financial institution shall enter into a
participation agreement
with the department that sets out the
terms and
conditions under which the department will deposit
moneys from the
fund into the financial institution's program
reserve account,
specifies the criteria for loan qualification
under the program, and contains
any
additional terms the director
considers necessary.
(D) After receiving the certification required under
division
(C) of section 122.603 of the Revised Code, the director
may
disburse moneys from
the fund to a
participating financial
institution for deposit in its program reserve account
if the
director
determines that the capital access loan involved meets
all of the following
criteria:
(1) It will be made to an eligible business.
(2) It will be used by the eligible business for a project,
activity, or enterprise that fosters economic
development.
(3) It will not be made in order to enroll in the program
prior
debt that is not covered under the program and that is owed
or was
previously owed by an eligible business to the financial
institution.
(4) It will not be utilized for a project or development
related
to the on-site construction or purchase of residential
housing.
(5) It will not be used to finance passive real estate
ownership.
(6) It conforms to the requirements of divisions (E),
(F),
(G),
(H), and (I) of this section, and to the rules adopted by
the
director under division (A)(3) of this section.
(E) The director shall not approve a capital access loan to
an
eligible business
that exceeds two hundred fifty thousand
dollars for working capital or five
hundred thousand dollars for
the purchase of
fixed assets. An
eligible business may apply for
the maximum
amount of both working
capital and the purchase of
fixed assets in the same
capital access loan.
(F) A financial institution may apply to the director for
the
approval of a capital access loan to any business that is
owned or
operated by a person that has previously defaulted under
any state
financial assistance program.
(G) Eligible businesses that apply for a capital access loan
shall comply with section 9.66 of the Revised Code.
(H) A financial institution may apply to the director for
the
approval of a capital access loan that refinances a nonprogram
loan made by
another financial institution.
(I) The director shall not approve a capital access loan
that
refinances a
nonprogram loan made by the same financial
institution, unless the amount of
the refinanced loan exceeds the
existing debt, in
which case only the amount exceeding the
existing debt is eligible
for a loan under the program.
(J) The director shall not approve any capital access loan
made after June 30, 2007, or enter into a participation agreement
with any financial institution after that date.
Sec. 122.652. (A)(1) An applicant seeking a grant or loan for
a
brownfield cleanup or remediation project from the clean Ohio
revitalization fund created in section 122.658 of the Revised Code
shall request an application form from the appropriate integrating
committee with geographical jurisdiction over the project for
which a grant or loan is sought. The applicant shall complete the
application and include all of the information required by
sections 122.65 to 122.658 of the Revised Code and policies and
requirements established
under section 122.657 of the Revised
Code.
(2) In addition to the information that is required to be
included in the application under division (A)(1) of this section,
an applicant shall include an affidavit signed by the authorized
representative of the applicant certifying that the applicant did
not cause or contribute to the release of hazardous substances or
petroleum at the brownfield that is the subject of the
application.
No person shall submit a false affidavit under division
(A)(2) of this section.
(3) After completion of the application, but prior to the
submission of the application to the integrating committee under
division (B) of this section, the applicant shall conduct a public
meeting concerning the application and the proposed cleanup or
remediation. Not later than forty-five
days prior to conducting
the public meeting, the applicant shall
provide notice of the
date, time, and location of the public meeting in a
newspaper of
general circulation in the county in which the
property that is
the subject of the application is located. In
addition, not later
than forty-five days prior to the hearing, the
applicant shall
post notice of the date, time, and location of the public
meeting
at the property on a sign that measures not less
than four feet
by
four
feet or, if the political subdivision in which the sign is
to
be
posted prohibits a sign of that size, the maximum size of
sign
permitted by that political subdivision.
In addition, not later than forty-five days prior to the
public meeting, the applicant shall provide a copy of the
application to a public library in the vicinity of the property
for public review. The submission of the application and the
location of the public library shall be included in the notice
required under this division. The general public may submit
comments to the applicant concerning the application prior to and
at the public meeting.
(B) An applicant shall submit a completed application, all
required information, and an application summary to the
appropriate integrating committee.
Based on a review of the
application summaries submitted to it, an integrating committee
or, if required under division (C) of this section, the executive
committee of the integrating
committee
shall prioritize all
applications in accordance with
criteria and
procedures
established pursuant to section 122.657 of
the Revised
Code. The
integrating committee shall choose not more
than six
applications
annually that it determines merit funding and shall
forward
those
applications and all accompanying information to the
clean
Ohio
council. In prioritizing and choosing applications under
this
division, an integrating committee or, if required under division
(C) of this section, the
executive committee of the integrating
committee shall consult
with local
and regional economic
development agencies or
resources, community
development agencies
or organizations, local
business
organizations, and other
appropriate entities located or
operating
in the geographic
jurisdiction of the integrating
committee.
Notwithstanding this division or division (C) of this
section, if an integrating committee receives only one application
in any given year, the chair of the integrating committee or, if
required under division (C) of this section, the chair of the
executive committee of the integrating committee may forward that
application to the clean Ohio council as the district's top
priority project for that year without a vote of the full
integrating committee or executive committee, as applicable.
However, the chair of the integrating committee or chair of the
executive committee, as applicable, shall provide written notice
of the chair's intent to forward the application to each member of
the integrating committee or executive committee, as applicable,
not later than fiftenn days prior to forwarding the application.
(C) For purposes of division (B) of this section, all
decisions of an integrating committee that is required to be
organized in accordance with division (A)(5) or (6) of section
164.04 of the Revised Code shall be approved by its executive
committee that is required to be established under division (A)(7)
or (8) of that section. The affirmative vote of at least seven
members of an executive committee established under division
(A)(7) of section 164.04 of the Revised Code, or of at least nine
members of an executive committee established under division
(A)(8) of that section, is required for any action taken by an
executive committee for purposes of division (B) of this section.
A decision of an executive committee may be rejected by a vote of
at least two-thirds of the full membership of the applicable
integrating committee not later than thirty days after the
executive committee action. If an executive committee is required
under this division to prioritize applications under division (B)
of this section, only applications that are approved by the
executive committee may be submitted to the clean Ohio council for
purposes of sections 122.65 to 122.659 of the Revised Code.
(D)
The clean Ohio council shall supply application forms to
each integrating committee.
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)
and (3) of this section, each exempt employee shall be paid a
salary or wage in accordance with schedule E-1 or schedule E-2 of
division (B), (C), or (D) of this section, as applicable.
(2) Each exempt employee who holds a position in the
unclassified civil service pursuant to division (A)(26) or (30) of
section 124.11 of the Revised Code may be paid a salary or wage in
accordance with schedule E-1, schedule E-1 for step seven only, or
schedule E-2 of division (B) or, (C), (D), (E), (F), or (G) of
this section, as applicable.
(3)(a) Except as provided in division (A)(3)(b) of this
section, each exempt employee who was paid a salary or wage at
step 7 in the employee's pay range on June 28, 2003, in accordance
with the applicable schedule E-1 of former section 124.152 of the
Revised Code and who continued to be so paid on June 29, 2003,
shall be paid a salary or wage in the corresponding pay range in
schedule E-1 for step seven only of division (C)(E), (F), or (G)
of this section, as applicable, for as long as the employee
remains in the position the employee held as of July 1, 2003.
(b) Except as provided in division (A)(3)(c) of this section,
if an exempt employee who is being paid a salary or wage in
accordance with schedule E-1 for step seven only of division
(C)(E), (F), or (G) of this section, as applicable, moves to
another position, the employee shall not receive a salary or wage
for that position or any other position in the future in
accordance with that schedule.
(c) If an exempt employee who is being paid a salary or wage
in accordance with schedule E-1 for step seven only of division
(C)(E), (F), or (G) of this section, as applicable, moves to
another position assigned to pay range 12 or above, the appointing
authority has the discretion to may assign the employee to be paid
a salary or wage in the appropriate pay range for that position in
accordance with the applicable schedule E-1 for step seven only,
provided that the appointing authority so notifies the director of
administrative services in writing at the time the employee is
appointed to that position.
(B) Beginning on the first day of the pay period that
includes July 1, 2006, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of
rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
9.40 |
9.82 |
10.24 |
10.68 |
|
|
|
|
|
Annually |
19552 |
20426 |
21299 |
22214 |
|
|
|
2 |
|
Hourly |
11.40 |
11.88 |
12.40 |
12.94 |
|
|
|
|
|
Annually |
23712 |
24710 |
25792 |
26915 |
|
|
|
3 |
|
Hourly |
11.94 |
12.48 |
13.03 |
13.60 |
|
|
|
|
|
Annually |
24835 |
25958 |
27102 |
28288 |
|
|
|
4 |
|
Hourly |
12.54 |
13.10 |
13.72 |
14.34 |
|
|
|
|
|
Annually |
26083 |
27248 |
28538 |
29827 |
|
|
|
5 |
|
Hourly |
13.15 |
13.75 |
14.34 |
14.97 |
|
|
|
|
|
Annually |
27352 |
28600 |
29827 |
31138 |
|
|
|
6 |
|
Hourly |
13.86 |
14.43 |
15.07 |
15.69 |
|
|
|
|
|
Annually |
28829 |
30014 |
31346 |
32635 |
|
|
|
7 |
|
Hourly |
14.72 |
15.27 |
15.88 |
16.44 |
17.08 |
|
|
|
|
Annually |
30618 |
31762 |
33030 |
34195 |
35526 |
|
|
8 |
|
Hourly |
15.56 |
16.24 |
16.95 |
17.71 |
18.46 |
|
|
|
|
Annually |
32365 |
33779 |
35256 |
36837 |
38397 |
|
|
9 |
|
Hourly |
16.60 |
17.46 |
18.32 |
19.23 |
20.21 |
|
|
|
|
Annually |
34528 |
36317 |
38106 |
39998 |
42037 |
|
|
10 |
|
Hourly |
17.91 |
18.89 |
19.90 |
21.05 |
22.18 |
|
|
|
|
Annually |
37253 |
39291 |
41392 |
43784 |
46134 |
|
|
11 |
|
Hourly |
19.50 |
20.64 |
21.84 |
23.06 |
24.38 |
|
|
|
|
Annually |
40560 |
42931 |
45427 |
47965 |
50710 |
|
|
12 |
|
Hourly |
21.51 |
22.72 |
23.94 |
25.27 |
26.68 |
28.13 |
|
|
|
Annually |
44741 |
47258 |
49795 |
52562 |
55494 |
58510 |
|
13 |
|
Hourly |
23.71 |
25.01 |
26.39 |
27.80 |
29.36 |
30.96 |
|
|
|
Annually |
49317 |
52021 |
54891 |
57824 |
61069 |
64397 |
|
14 |
|
Hourly |
26.08 |
27.55 |
29.03 |
30.62 |
32.35 |
34.15 |
|
|
|
Annually |
54246 |
57304 |
60382 |
63690 |
67288 |
71032 |
|
15 |
|
Hourly |
28.64 |
30.25 |
31.96 |
33.72 |
35.59 |
37.55 |
|
|
|
Annually |
59571 |
62920 |
66477 |
70138 |
74027 |
78104 |
|
16 |
|
Hourly |
31.58 |
33.33 |
35.17 |
37.14 |
39.19 |
41.43 |
|
|
|
Annually |
65686 |
69326 |
73154 |
77251 |
81515 |
86174 |
|
17 |
|
Hourly |
34.80 |
36.72 |
38.78 |
40.92 |
43.20 |
45.61 |
|
|
|
Annually |
72384 |
76378 |
80662 |
85114 |
89856 |
94869 |
|
18 |
|
Hourly |
38.35 |
40.47 |
42.75 |
45.10 |
47.60 |
50.26 |
|
|
|
Annually |
79768 |
84178 |
88920 |
93808 |
99008 |
104541 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
34.77 |
|
|
Annually |
|
33758 |
|
72322 |
42 |
|
Hourly |
|
17.89 |
|
38.41 |
|
|
Annually |
|
37211 |
|
79893 |
43 |
|
Hourly |
|
19.70 |
|
42.30 |
|
|
Annually |
|
40976 |
|
87984 |
44 |
|
Hourly |
|
21.73 |
|
46.21 |
|
|
Annually |
|
45198 |
|
96117 |
45 |
|
Hourly |
|
24.01 |
|
50.44 |
|
|
Annually |
|
49941 |
|
104915 |
46 |
|
Hourly |
|
26.43 |
|
55.13 |
|
|
Annually |
|
54974 |
|
114670 |
47 |
|
Hourly |
|
29.14 |
|
60.16 |
|
|
Annually |
|
60611 |
|
125133 |
48 |
|
Hourly |
|
32.14 |
|
65.65 |
|
|
Annually |
|
66851 |
|
136552 |
49 |
|
Hourly |
|
35.44 |
|
70.89 |
|
|
Annually |
|
73715 |
|
147451 |
(C) Beginning on the first day of the pay period that
includes July 1, 2007, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
9.73 |
10.16 |
10.60 |
11.05 |
|
|
|
|
|
Annually |
20238 |
21133 |
22048 |
22984 |
|
|
|
2 |
|
Hourly |
11.80 |
12.30 |
12.83 |
13.39 |
|
|
|
|
|
Annually |
24544 |
25584 |
26686 |
27851 |
|
|
|
3 |
|
Hourly |
12.36 |
12.92 |
13.49 |
14.08 |
|
|
|
|
|
Annually |
25709 |
26874 |
28059 |
29286 |
|
|
|
4 |
|
Hourly |
12.98 |
13.56 |
14.20 |
14.84 |
|
|
|
|
|
Annually |
26998 |
28205 |
29536 |
30867 |
|
|
|
5 |
|
Hourly |
13.61 |
14.23 |
14.84 |
15.49 |
|
|
|
|
|
Annually |
28309 |
29598 |
30867 |
32219 |
|
|
|
6 |
|
Hourly |
14.35 |
14.94 |
15.60 |
16.24 |
|
|
|
|
|
Annually |
29848 |
31075 |
32448 |
33779 |
|
|
|
7 |
|
Hourly |
15.24 |
15.80 |
16.44 |
17.02 |
17.68 |
|
|
|
|
Annually |
31699 |
32864 |
34195 |
35402 |
36774 |
|
|
8 |
|
Hourly |
16.10 |
16.81 |
17.54 |
18.33 |
19.11 |
|
|
|
|
Annually |
33488 |
34965 |
36483 |
38126 |
39749 |
|
|
9 |
|
Hourly |
17.18 |
18.07 |
18.96 |
19.90 |
20.92 |
|
|
|
|
Annually |
35734 |
37586 |
39437 |
41392 |
43514 |
|
|
10 |
|
Hourly |
18.54 |
19.55 |
20.60 |
21.79 |
22.96 |
|
|
|
|
Annually |
38563 |
40664 |
42848 |
45323 |
47757 |
|
|
11 |
|
Hourly |
20.18 |
21.36 |
22.60 |
23.87 |
25.23 |
|
|
|
|
Annually |
41974 |
44429 |
47008 |
49650 |
52478 |
|
|
12 |
|
Hourly |
22.26 |
23.52 |
24.78 |
26.15 |
27.61 |
29.11 |
|
|
|
Annually |
46301 |
48922 |
51542 |
54392 |
57429 |
60549 |
|
13 |
|
Hourly |
24.54 |
25.89 |
27.31 |
28.77 |
30.39 |
32.04 |
|
|
|
Annually |
51043 |
53851 |
56805 |
59842 |
63211 |
66643 |
|
14 |
|
Hourly |
26.99 |
28.51 |
30.05 |
31.69 |
33.48 |
35.35 |
|
|
|
Annually |
56139 |
59301 |
62504 |
65915 |
69638 |
73528 |
|
15 |
|
Hourly |
29.64 |
31.31 |
33.08 |
34.90 |
36.84 |
38.86 |
|
|
|
Annually |
61651 |
65125 |
68806 |
72592 |
76627 |
80829 |
|
16 |
|
Hourly |
32.69 |
34.50 |
36.40 |
38.44 |
40.56 |
42.88 |
|
|
|
Annually |
67995 |
71760 |
75712 |
79955 |
84365 |
89190 |
|
17 |
|
Hourly |
36.02 |
38.01 |
40.14 |
42.35 |
44.71 |
47.21 |
|
|
|
Annually |
74922 |
79061 |
83491 |
88088 |
92997 |
98197 |
|
18 |
|
Hourly |
39.69 |
41.89 |
44.25 |
46.68 |
49.27 |
52.02 |
|
|
|
Annually |
82555 |
87131 |
92040 |
97094 |
102482 |
108202 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
35.99 |
|
|
Annually |
|
33758 |
|
74859 |
42 |
|
Hourly |
|
17.89 |
|
39.75 |
|
|
Annually |
|
37211 |
|
82680 |
43 |
|
Hourly |
|
19.70 |
|
43.78 |
|
|
Annually |
|
40976 |
|
91062 |
44 |
|
Hourly |
|
21.73 |
|
47.83 |
|
|
Annually |
|
45198 |
|
99486 |
45 |
|
Hourly |
|
24.01 |
|
52.21 |
|
|
Annually |
|
49941 |
|
108597 |
46 |
|
Hourly |
|
26.43 |
|
57.06 |
|
|
Annually |
|
54974 |
|
118685 |
47 |
|
Hourly |
|
29.14 |
|
62.27 |
|
|
Annually |
|
60611 |
|
129522 |
48 |
|
Hourly |
|
32.14 |
|
67.95 |
|
|
Annually |
|
66851 |
|
141336 |
49 |
|
Hourly |
|
35.44 |
|
73.37 |
|
|
Annually |
|
73715 |
|
152610 |
(D) Beginning on the first day of the pay period that
includes July 1, 2008, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
10.07 |
10.52 |
10.97 |
11.44 |
|
|
|
|
|
Annually |
20946 |
21882 |
22818 |
23795 |
|
|
|
2 |
|
Hourly |
12.21 |
12.73 |
13.28 |
13.86 |
|
|
|
|
|
Annually |
25397 |
26478 |
27622 |
28829 |
|
|
|
3 |
|
Hourly |
12.79 |
13.37 |
13.96 |
14.57 |
|
|
|
|
|
Annually |
26603 |
27810 |
29037 |
30306 |
|
|
|
4 |
|
Hourly |
13.43 |
14.03 |
14.70 |
15.36 |
|
|
|
|
|
Annually |
27934 |
29182 |
30576 |
31949 |
|
|
|
5 |
|
Hourly |
14.09 |
14.73 |
15.36 |
16.03 |
|
|
|
|
|
Annually |
29307 |
30638 |
31949 |
33342 |
|
|
|
6 |
|
Hourly |
14.85 |
15.46 |
16.15 |
16.81 |
|
|
|
|
|
Annually |
30888 |
32157 |
33592 |
34965 |
|
|
|
7 |
|
Hourly |
15.77 |
16.35 |
17.02 |
17.62 |
18.30 |
|
|
|
|
Annually |
32802 |
34008 |
35402 |
36650 |
38064 |
|
|
8 |
|
Hourly |
16.66 |
17.40 |
18.15 |
18.97 |
19.78 |
|
|
|
|
Annually |
34653 |
36192 |
37752 |
39458 |
41142 |
|
|
9 |
|
Hourly |
17.78 |
18.70 |
19.62 |
20.60 |
21.65 |
|
|
|
|
Annually |
36982 |
38896 |
40810 |
42848 |
45032 |
|
|
10 |
|
Hourly |
19.19 |
20.23 |
21.32 |
22.55 |
23.76 |
|
|
|
|
Annually |
39915 |
42078 |
44346 |
46904 |
49421 |
|
|
11 |
|
Hourly |
20.89 |
22.11 |
23.39 |
24.71 |
26.11 |
|
|
|
|
Annually |
43451 |
45989 |
48651 |
51397 |
54309 |
|
|
12 |
|
Hourly |
23.04 |
24.34 |
25.65 |
27.07 |
28.58 |
30.13 |
|
|
|
Annually |
47923 |
50627 |
53352 |
56306 |
59446 |
62670 |
|
13 |
|
Hourly |
25.40 |
26.80 |
28.27 |
29.78 |
31.45 |
33.16 |
|
|
|
Annually |
52832 |
55744 |
58802 |
61942 |
65416 |
68973 |
|
14 |
|
Hourly |
27.93 |
29.51 |
31.10 |
32.80 |
34.65 |
36.59 |
|
|
|
Annually |
58094 |
61381 |
64688 |
68224 |
72072 |
76107 |
|
15 |
|
Hourly |
30.68 |
32.41 |
34.24 |
36.12 |
38.13 |
40.22 |
|
|
|
Annually |
63814 |
67413 |
71219 |
75130 |
79310 |
83658 |
|
16 |
|
Hourly |
33.83 |
35.71 |
37.67 |
39.79 |
41.98 |
44.38 |
|
|
|
Annually |
70366 |
74277 |
78354 |
82763 |
87318 |
92310 |
|
17 |
|
Hourly |
37.28 |
39.34 |
41.54 |
43.83 |
46.27 |
48.86 |
|
|
|
Annually |
77542 |
81827 |
86403 |
91166 |
96242 |
101629 |
|
18 |
|
Hourly |
41.08 |
43.36 |
45.80 |
48.31 |
50.99 |
53.84 |
|
|
|
Annually |
85446 |
90189 |
95264 |
100485 |
106059 |
111987 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
37.25 |
|
|
Annually |
|
33758 |
|
77480 |
42 |
|
Hourly |
|
17.89 |
|
41.14 |
|
|
Annually |
|
37211 |
|
85571 |
43 |
|
Hourly |
|
19.70 |
|
45.31 |
|
|
Annually |
|
40976 |
|
94245 |
44 |
|
Hourly |
|
21.73 |
|
49.50 |
|
|
Annually |
|
45198 |
|
102960 |
45 |
|
Hourly |
|
24.01 |
|
54.04 |
|
|
Annually |
|
49941 |
|
112403 |
46 |
|
Hourly |
|
26.43 |
|
59.06 |
|
|
Annually |
|
54974 |
|
122845 |
47 |
|
Hourly |
|
29.14 |
|
64.45 |
|
|
Annually |
|
60611 |
|
134056 |
48 |
|
Hourly |
|
32.14 |
|
70.33 |
|
|
Annually |
|
66851 |
|
146286 |
49 |
|
Hourly |
|
35.44 |
|
75.94 |
|
|
Annually |
|
73715 |
|
157955 |
(E) Beginning on the first day of the pay period that
includes July 1, 2006, each exempt employee who must be paid in
accordance with schedule E-1 for step seven only shall be paid a
salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Seven Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
29.68 |
|
|
|
|
|
Annually |
61734 |
|
|
|
13 |
|
Hourly |
32.66 |
|
|
|
|
|
Annually |
67933 |
|
|
|
14 |
|
Hourly |
36.01 |
|
|
|
|
|
Annually |
74901 |
|
|
|
15 |
|
Hourly |
39.61 |
|
|
|
|
|
Annually |
82389 |
|
|
|
16 |
|
Hourly |
43.70 |
|
|
|
|
|
Annually |
90896 |
|
|
|
17 |
|
Hourly |
48.13 |
|
|
|
|
|
Annually |
100110 |
|
|
|
18 |
|
Hourly |
53.02 |
|
|
|
|
|
Annually |
110282 |
|
|
|
(D)(F) Beginning on the first day of the pay period that
includes July 1, 2007, each exempt employee who must be paid in
accordance with schedule E-1 for step seven only shall be paid a
salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
30.72 |
|
|
|
|
|
Annually |
63898 |
|
|
|
13 |
|
Hourly |
33.80 |
|
|
|
|
|
Annually |
70304 |
|
|
|
14 |
|
Hourly |
37.27 |
|
|
|
|
|
Annually |
77522 |
|
|
|
15 |
|
Hourly |
41.00 |
|
|
|
|
|
Annually |
85280 |
|
|
|
16 |
|
Hourly |
45.23 |
|
|
|
|
|
Annually |
94078 |
|
|
|
17 |
|
Hourly |
49.81 |
|
|
|
|
|
Annually |
103605 |
|
|
|
18 |
|
Hourly |
54.88 |
|
|
|
|
|
Annually |
114150 |
|
|
|
(G) Beginning on the first day of the pay period that
includes July 1, 2008, each exempt employee who must be paid in
accordance with salary schedule E-1 for step seven only shall be
paid a salary or wage in accordance with the following schedule of
rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
31.80 |
|
|
|
|
|
Annually |
66144 |
|
|
|
13 |
|
Hourly |
34.98 |
|
|
|
|
|
Annually |
72758 |
|
|
|
14 |
|
Hourly |
38.57 |
|
|
|
|
|
Annually |
80226 |
|
|
|
15 |
|
Hourly |
42.44 |
|
|
|
|
|
Annually |
88275 |
|
|
|
16 |
|
Hourly |
46.81 |
|
|
|
|
|
Annually |
97365 |
|
|
|
17 |
|
Hourly |
51.55 |
|
|
|
|
|
Annually |
107224 |
|
|
|
18 |
|
Hourly |
56.80 |
|
|
|
|
|
Annually |
118144 |
|
|
|
(H) As used in this section, "exempt employee" means a
permanent full-time or permanent part-time employee paid directly
by warrant of the director of budget and management whose position
is included in
the job classification plan established under
division (A) of
section 124.14 of the Revised Code but who is not
considered a
public employee for the purposes of Chapter 4117. of
the Revised
Code. As used in this section, "exempt employee" also
includes a
permanent full-time or permanent part-time employee of
the
secretary of state, auditor of state, treasurer of state, or
attorney general who has not been placed in an appropriate
bargaining unit by the state employment relations board.
Sec. 125.04. (A) Except as provided in division (D) of
this
section, the department of administrative services shall
determine
what supplies and services are
purchased by or for
state
agencies. Whenever the department of
administrative
services
makes any change or
addition to the lists of supplies
and
services that it determines
to purchase for state agencies,
it
shall provide a list to the
agencies of the changes or
additions
and indicate when the
department will be prepared to
furnish each
item listed. Except for the requirements of
division (B) of
section 125.11 of the Revised Code, sections
125.04 to 125.08 and
125.09 to 125.15 of the Revised Code do not
apply to or affect the
educational institutions of the state. The department shall not
include the bureau of workers'
compensation
in the lists of
supplies, equipment, and services
purchased and
furnished by the
department.
Nothing in this division precludes the bureau from entering
into a contract with the department for the
department to perform
services relative to
supplies, equipment, and services contained
in this division for
the bureau.
(B)(1) As used in this division:
(a) "Emergency medical service organization" has the same
meaning
as in section 4765.01 of the Revised Code.
(b) "Political subdivision"
means any county, township,
municipal corporation, school
district, conservancy district,
township park district, park
district created under Chapter 1545.
of the Revised Code,
regional transit authority, regional airport
authority, regional water and
sewer district, or port authority.
"Political subdivision" also includes any
other political
subdivision described in the Revised Code that has been
approved
by the department to participate in the department's contracts
under
this division.
(c) "Private fire company" has the same meaning as in section
9.60 of the Revised Code.
(2) Subject to division (C) of this section, the
department
of administrative services may permit a
political
subdivision,
county board of elections, private fire
company, or private,
nonprofit
emergency medical service
organization
to participate
in contracts into which the
department
has entered for the
purchase of supplies and
services.
The department may charge the
entity a reasonable fee to cover the
administrative costs the
department incurs as a result of
participation by the
entity in
such a purchase contract.
A political subdivision
desiring to participate in such
purchase contracts shall file
with the department a certified copy
of an ordinance or
resolution of the
legislative authority or
governing board of the
political
subdivision. The resolution or
ordinance shall request
that the
political subdivision be
authorized to participate in
such
contracts and shall agree that
the political subdivision
will be
bound by such terms and
conditions as the department prescribes and that it will directly
pay the vendor
under each
purchase contract. A board of elections
desiring to
participate in such purchase contracts shall file
with the
purchasing authority a written request for inclusion in
the
program.
A private fire company or private, nonprofit
emergency
medical
service organization desiring to participate in
such
purchase contracts shall
file with the department a written
request for inclusion in the program signed
by
the chief officer
of the company or organization. The A request
for inclusion shall
include an agreement to be bound by such terms
and conditions as
the
department prescribes
and to make direct payments to the
vendor under each
purchase
contract.
The department shall include in its
annual report an
estimate of the cost it incurs by permitting
political
subdivisions, county boards of elections, private fire
companies,
and private, nonprofit
emergency medical service
organizations
to
participate in contracts pursuant to this
division. The department
may require such
entities
to file a
report with the department,
as often as it finds necessary,
stating how many such
contracts
the entities participated in within a
specified period
of
time,
and any other
information the department requires.
(3) Purchases made by a political subdivision or a county
board of elections under this division
are exempt from any
competitive selection procedures otherwise required by
law. No
political subdivision shall make any purchase under this division
when bids have been received for such purchase by the subdivision,
unless such
purchase can be made upon the same terms, conditions,
and specifications at a
lower price under this division.
(C) A political subdivision as defined in division (B) of
this
section or a county board of elections may purchase supplies
or services
from another party, including another a political
subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political
subdivision or county board of elections can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision or
county board of elections
makes under this division are exempt
from any competitive
selection procedures otherwise required by
law. A political
subdivision or county board of elections that
makes any purchase under this division shall
maintain sufficient
information regarding the
purchase to verify that the
political
subdivision or county board of elections satisfied the conditions
for making a
purchase under this division. Nothing in this
division restricts any action
taken by a county or township
as
authorized by division (A)(1) of section 9.48 of the Revised
Code.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, boards of
elections, the capitol square review and advisory board, the
adjutant general, to supplies or services purchased by a state
agency directly as provided in division (A) or (E) of section
125.05 of
the Revised Code, to purchases of supplies or services
for the emergency
management agency as provided in section 125.023
of the Revised Code, or to
purchases of supplies or services for
the
department of rehabilitation and correction in its operation
of
the program for the employment of prisoners established under
section 5145.16 of the Revised Code that shall be made pursuant
to
rules adopted by the director of administrative services and
the
director of rehabilitation and correction in accordance with
Chapter 119. of the Revised Code. The rules may provide for the
exemption of the program for the employment of prisoners from the
requirements of division (A) of this section.
Sec. 125.45. The department of administrative services
shall
maintain facilities to perform office reproduction services
for
all boards, commissions, or departments except for the bureau
of
workers' compensation. Upon written application to the
department
of administrative services, permission may be granted
to a board,
commission, or department to perform such services
outside the
central facility and such permission shall state the
extent of the
services which the department, board, or commission
shall perform.
Office reproduction services using stencils, masters, or
plates are restricted to duplicating equipment not larger than
seventeen by twenty-two inches. Not to exceed five thousand
press
impressions shall be produced of any such order except that
up to
one thousand production copies may be produced of any item
consisting of multiple pages and except that over five thousand,
but not more
than ten thousand, press impressions may be produced
if the director of
administrative services determines that there
is an emergency due to the
timing of service delivery or another
factor that may cause financial hardship
to the state.
Nothing in this section precludes the bureau from entering
into a contract with the department of administrative services
for
the department to perform office reproduction services for
the
bureau.
Neither the department nor any other No state agency, other
than the department of administrative services, shall perform
printing or
office reproduction services for political
subdivisions.
Sec. 125.93. The state forms management program
shall do
each of the following:
(A) Assist state agencies in establishing internal forms
management capabilities;
(B) Study, develop, coordinate, and initiate forms of
interagency and common administrative usage, and establish basic
design and specification criteria to standardize state forms;
(C) Assist state agencies to design economical forms;
(D)(C) Assist, train, and instruct state agencies and their
forms management representatives in forms management techniques,
and provide direct forms management assistance to new state
agencies as they are created;
(E) Maintain a central forms repository of all state forms to
facilitate standardization of the forms, eliminate redundant
forms, and provide a central source of information on forms usage
and availability.
Sec. 125.96. The director of administrative services may
adopt, amend, or rescind rules necessary to carry out the powers
and duties imposed upon the state forms management program and
state agencies by sections 125.92 to 125.98 of the Revised
Code.
The director shall adopt, and may amend or rescind, rules
providing each of the following:
(A) After a date to be determined by the state forms
management program, no
state agency shall utilize any form, other
than a form subject to
division (B) of section 125.95 of the
Revised Code, the
management of which has not been delegated to
the agency by the
program under division (A) of that section or
been approved by the program.
(B) The notice required by section 125.97 of the Revised
Code
shall appear in a standard place and a standard manner on
each
form to which the notice applies, and shall include
specified
indicia of approval by the state forms management program.
(C) Any form required by a state agency on an emergency
basis
may be given interim approval by the state forms management
program if the
form is accompanied by a letter from the director
or other head
of the agency setting forth the nature of the
emergency and
requesting interim approval.
Sec. 125.97. All forms, other than those forms subject to
division (B) of
section 125.95 of the Revised Code, used to obtain
information from private
business, agriculture, or local
governments, except those forms used by the tax commissioner for
administration of taxes and programs, shall contain a conspicuous
notice
on the first page setting forth the authorization for the
form and stating
whether providing the information sought is
required or voluntary, and any
penalties that apply to failure to
provide the information.
Sec. 125.98. (A) Each state agency shall appoint a forms
management representative, who may be from existing personnel. The
appointee
shall cooperate with, and provide other
necessary
assistance to, the director of administrative services and the
state forms management program in implementing the
program. A
forms management representative shall do
all of the following:
(1) Manage the agency's forms management program and
cooperate with and
provide other necessary assistance to the
director of administrative services
in implementing the state
forms management program;
(2) Monitor the use and reproduction of all forms to ensure
that all
policies, procedures, guidelines, and standards
established by the agency and
the director of administrative
services are followed;
(3) Ensure that every form used by the agency is presented to
the state forms
management program for registration prior to its
reproduction;
(4) Maintain a master forms file history file, in numeric
order, of all
agency forms;
(5) Verify and update the all historical information on all
forms in the agency's central forms repository database.
(B) Any state agency, as defined in section 1.60 of the
Revised
Code,
not included within the definition of a state agency
in section 125.91 of the
Revised Code may elect to participate in
the state forms management program. The program may provide
to any
such agency any service required or authorized by sections 125.92
to
125.98 of the Revised Code to be performed for a state agency.
Sec. 126.04. Funds appropriated for purposes of fulfilling
the state's obligations under the consent order filed March 5,
2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United
States district court for the southern district of Ohio, eastern
division, shall be in an appropriation item that authorizes
expenditures only for purposes of fulfilling the state's
obligations under the consent order.
Sec. 126.07. No Except as provided in division (B) of
section 126.21 of the Revised Code, no contract, agreement, or
obligation
involving the expenditure of money chargeable to an
appropriation, nor any resolution or order for the expenditure of
money chargeable to an appropriation, shall be valid and
enforceable unless the director of budget and management first
certifies that there is a balance in the appropriation not
already
obligated to pay existing obligations, in an amount at least
equal
to
the portion of the contract, agreement, obligation, resolution,
or order to be
performed in the current fiscal year. Any written
contract or agreement entered into by the state shall contain a
clause stating that the obligations of the state are subject to
this section.
The chief administrative officer of a state agency is
responsible for the preaudit and approval of expenditures and
other transactions of the agency. In order to make initiate the
making of a payment from the state treasury, the person in a state
agency who requests that the payment be made shall first submit to
the director chief administrative officer of the agency all
invoices, claims,
vouchers, and other evidentiary matter
documentation related to the payment.
If the director approves
payment to be made, the director
shall draw a warrant as
provided
in section 126.35 of the Revised Code. The chief administrative
officer shall examine each voucher and all other documentation
required to support the voucher and determine whether they meet
all the requirements established by the director of budget and
management for making the payment. If they do meet those
requirements, the chief administrative officer shall certify to
the director the approval of the chief administrative officer for
payment.
Prior to drawing a warrant as provided in section 126.35 of
the Revised Code, the director may review and audit the voucher,
any documentation accompanying the voucher, and any other
documentation related to the transaction that the director may
require to determine if the transaction is in accordance with law.
The director
shall not approve payment to be made if the director
finds
that there is
not an unobligated balance in the
appropriation for the payment,
that the payment is not for a valid
claim against the state that
is legally due, or that insufficient
evidentiary matter documentation has been
submitted. If the
director does not approve payment, the
director shall
notify the
agency of the reasons the director has not given
approval.
In approving payments to be made under this section, the
director, upon receipt of certification from the
director of job
and family
services pursuant to
section 4141.231 of
the Revised
Code, shall withhold from amounts otherwise payable
to a person
who is the subject of the director of
jobs and family services'
certification, the amount certified to be due and unpaid to the
director of job and family
services, and shall approve for payment
to
the director of job and family
services, the amount withheld.
As used in this section and in section 126.21 of the Revised
Code, "chief administrative officer" means either of the
following:
(A) The director of the agency or, in the case of a state
agency without a director, the equivalent officer of that agency;
(B) The designee of the chief administrative officer for the
purposes of such sections.
Sec. 126.08. The director of budget and management may
exercise control over the financial transactions of state
agencies, including approving, disapproving, voiding, or
invalidating encumbrances or transactions, except those in the
judicial and legislative branches,
by:
(A) Requiring encumbrancing documents or any other
financial
information to be submitted to the director, where such
submission
is prescribed by law or where the director considers
such
submission necessary to evaluate the legality of a proposed an
expenditure, and by approving or disapproving any encumbrance
requested, except that the director shall not disapprove any
encumbrancing document submitted by the attorney general, auditor
of state, secretary of state, or treasurer of state unless there
is an insufficient unobligated balance in the appropriation or
the
encumbrance does not meet all other legal requirements.
Those
portions of an appropriation that are encumbered are not
available
for expenditure for any purpose other than that
indicated on the
encumbrancing document. If any requirements of
the director
regarding the submission of encumbrancing documents
or other
financial information are not complied with, or if any
encumbrancing document is disapproved in whole or in part, the
director shall notify the submitting agency thereof and shall not
authorize payment unless the reasons for disapproval are
corrected.
(B) Requiring the allocation and allotment of any
appropriation by quarter or by any other period of time.
(C) Reporting to the attorney general for such action,
civil
or criminal, as the attorney general considers necessary,
all
facts showing improper payment of public money or
misappropriation
of public property;
(D) By adopting rules for carrying into effect any powers
granted by this chapter.
Sec. 126.16. (A) This section is in implementation of
division
(D) of Section 17 of Article VIII, Ohio
Constitution, for
purposes of issuing direct obligations of the state
subject to
that section.
(B) For purposes of the computation of debt service under
Section 17 of Article VIII, Ohio Constitution,
there shall be
included debt service payable on bonds that are direct
obligations
of the state issued under Article VIII,
Ohio Constitution, and
on
those bonds anticipated by bond anticipation notes, to the extent
that debt
service on those bonds is anticipated to be paid from
the state general
revenue fund or net state lottery proceeds.
Examples of bonds the debt
service on which is not anticipated to
be paid from either of those sources
are bonds of the state issued
for highway purposes pursuant to
Section 2i or 2m of Article VIII,
Ohio
Constitution, which, although general obligations of the
state, have
been and are anticipated to be paid from highway user
receipts and not from
the general revenue fund or net state
lottery proceeds.
(C) If there is no separate constitutional or statutory
provision
applicable for the purpose, debt service on bonds
anticipated by bond
anticipation notes shall be estimated as
provided in division (C) of
this section. That amount, to be
certified either by the issuing authority of
the particular notes
or by the governor or the governor's designee pursuant to
division
(E) of this section, shall be the estimated amount that
would have
been payable on bonds maturing serially in each fiscal year after
the fiscal year of the issuance of the notes over
the maximum
period of maturity for the bonds authorized in the particular
governing constitutional or statutory provision, as if those bonds
had been
issued without the prior issuance of the notes, and
computed on a
substantially level debt service basis applying an
interest rate or rates
certified to be market rates at the time of
issuance of the notes.
(D) In the case of bonds issued to refund or retire bonds,
the
debt service on the new bonds shall be counted and the debt
service on the
bonds being refunded or retired shall not be
counted.
(E) The governor, or the governor's designee for the purpose,
shall determine and certify the fiscal year amounts required to be
applied or
set aside for payment of debt service, including debt
service on any variable
rate bonds, the securities to which that
debt service relates, the total
office of budget and management
estimated revenues of the state for the
general revenue fund and
from net state lottery proceeds during the particular
fiscal year,
and any other financial data necessary or appropriate for the
purpose of the computations under division (A) of Section 17 of
Article VIII, Ohio Constitution, and this
section. Those
determinations and certifications shall be filed with the
director
of budget and management, the treasurer of state, and the issuing
authority for the particular obligations, at or prior to the time
those
securities are issued. The governor's designee for the
purpose may be the
director or assistant director of budget and
management, or any employee or
official of the governor's office.
(F) For purposes of this section, "securities," "interest or
interest equivalent," and "outstanding" have the same meanings as
in section
133.01 of the Revised Code, and "debt service" means
principal, including any
mandatory
sinking fund deposits and
mandatory redemption payments, and interest or
interest equivalent
payable on securities, as those payments are stated to
come due
and to be payable.
(G)(1) As used in this division, "avoided obligations" means
direct obligations of the state that are not issued because the
capital facilities they would have financed are instead paid for
with the proceeds of obligations issued under division (C) of
section 183.51 of the Revised Code.
(2) For purposes of computing the limitation on issuing
direct obligations of the state under this section and Section 17
of Article VIII, Ohio Constitution, any avoided obligations shall
be considered as having been issued. The fiscal year amounts that
would have been required to be applied or set aside for payment of
debt service over the maximum period of maturity of the avoided
obligations had the avoided obligations been issued shall be
included in the computations.
Sec. 126.21. (A) The director of budget and management
shall
do all
of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the
state
and establish appropriate accounting procedures and charts
of
accounts;
(3) Establish procedures for the use of written,
electronic,
optical, or
other communications media for approving and reviewing
payment
vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
of
the appropriation, with the advice and assistance of
the state
agency
affected by it and the
legislative service commission,
totals so as to correspond in the
aggregate with the total
appropriation. In the case of a
conflict
between the item and the
total of which it is a part,
the item
shall be considered the
intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary,
recommend
improvements to the internal controls used in state
agencies;
(6) Authorize the establishment of petty cash
accounts. The
director of budget and management may withdraw approval for
any
petty cash account and require the officer in charge to
return to
the state treasury any unexpended balance shown by
the officer's
accounts to be on hand. Any officer who is issued a
warrant for
petty cash shall render a detailed account of the expenditures of
the petty cash and shall report when requested the balance
of
petty cash on hand at any time.
(7) Process orders, invoices, vouchers, claims, and
payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and
compliance
checks prior
to or after approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial
report
of the state. The report shall cover all funds
of the state
reporting entity and shall include
basic financial statements
and
required supplementary information
prepared in accordance with
generally accepted accounting
principles and other
information as
the director provides. All
state agencies,
authorities,
institutions, offices, retirement
systems, and other
component
units of the state reporting entity
as determined by
the director
shall furnish the director whatever
financial
statements and other
information the director requests
for
the report, in the form, at
the times,
covering the periods,
and with the
attestation the
director prescribes. The information
for state
institutions of
higher education, as defined in
section
3345.011 of the Revised
Code, shall be submitted to the
director chancellor
by the Ohio
board of
regents. The board shall establish
a due
date by which
each such
institution shall submit the
information
to the board,
but no such
date shall be later than
one hundred
twenty days after
the end of
the state fiscal year
unless a later
date is approved
by the
director.
(B) In addition to the director's duties under division
(A)
of this section, the director of budget and management may
establish and administer one or more state payment card programs
that permit or
require state agencies to use a payment card to
purchase equipment, materials,
supplies, or services in accordance
with guidelines issued by the director. The chief administrative
officer of a state agency that uses a payment card for such
purposes shall ensure that purchases made with the card are made
in accordance with the guidelines issued by the director and do
not exceed the unexpended, unencumbered, unobligated balance in
the appropriation to be charged for the purchase.
State agencies
may only participate in only those state
payment card programs
that the director establishes pursuant to
this section.
(C) In addition to the director's duties under divisions (A)
and (B) of this section, the director may enter into any contract
or agreement necessary for and incidental to the performance of
the director's duties or the duties of the office of budget and
management.
Sec. 126.22. The director of budget and management may:
(A) Perform accounting services for and design and implement
accounting systems with state agencies;
(B) Provide other accounting services, including the
maintenance and periodic auditing of the financial records of and
submission of vouchers by state agencies, provision of assistance
in the analysis of the financial position of state agencies, and
preparation and
submission of reports;
(C) Change any accounting code appearing in appropriations
acts of the
general assembly.
Sec. 126.24. The OAKS support organization fund is hereby
created in the state treasury for the purpose of paying the
operating expenses of the state's enterprise resource planning
system. The fund shall consist of cash transfers from the
accounting and budgeting fund and the human resources services
fund, and other revenues designated to support the operating costs
of the Ohio administrative knowledge system. All investment
earnings of the fund shall be credited to the fund.
Sec. 126.40. There is hereby created in the state treasury
the forgery recovery fund. The fund shall consist of all moneys
collected by the attorney general from the resolution of cases of
fraud or forgery involving warrants issued by the director of the
office of budget and management. The director shall use the fund
to pay costs associated with the reissue of state warrants to
payees whose warrants were fraudulently redeemed.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider agreements under
the disability medical assistance program established under
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any
state agency, except that the agency shall file with the
board
the
name of any person with whom the agency contracts to
make,
broker,
service, or otherwise manage its investments, as
well as
the
commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services
commission of services, or supplies, that are provided
to
persons
with disabilities, or to purchases made by the
commission
in
connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the
Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of
the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
section 5123.18, 5123.182, and 5123.199 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code, or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code, or
the children's health insurance program part III provided for
under section 5101.52 of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (B) of section 5126.056
of
the Revised Code;
(34) Applying to reimbursements paid to the United States
department of veterans affairs for pharmaceutical and patient
supply purchases made on behalf of the Ohio veterans' home agency;
(35) Applying to agreements entered into with terminal
distributors of dangerous drugs under section 173.79 of the
Revised Code;
(36) Applying to payments by the superintendent of the bureau
of criminal identification and investigation to the federal bureau
of investigation for criminal records checks pursuant to section
109.572 of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1),
(B)(2), and (E) of this section, all of the following
purchases by
such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.44. (A) As used in this section:
(1) "Surplus revenue" means the excess, if any, of the
total
fund balance over the required year-end balance.
(2) "Total fund balance" means the sum of the unencumbered
balance in the general revenue fund on the last day of the
preceding fiscal year plus the balance in the budget
stabilization
fund.
(3) "Required year-end balance" means the sum of the
following:
(a) Five per cent of the general
revenue fund revenues for
the preceding fiscal year;
(b) "Ending fund balance," which means
one-half of one per
cent of general revenue fund revenues for
the preceding fiscal
year;
(c) "Carryover balance," which means,
with respect to a
fiscal biennium, the excess, if any, of the
estimated general
revenue fund appropriation and transfer
requirement for the second
fiscal year of the biennium over the
estimated general revenue
fund revenue for that fiscal
year;
(d) "Capital appropriation reserve,"
which means the amount,
if any, of general revenue fund capital
appropriations made for
the current biennium that the director
of budget and management
has determined will be encumbered or
disbursed;
(e) "Income tax reduction impact
reserve," which means an
amount equal to the reduction projected
by the director of budget
and management in income tax revenue
in the current fiscal year
attributable to the previous
reduction in the income tax rate made
by the tax commissioner
pursuant to division (B) of
section
5747.02 of the Revised
Code.
(4) "Estimated general revenue fund appropriation and
transfer requirement" means the most recent adjusted
appropriations made by the general assembly from the general
revenue fund and includes both of the following:
(a) Appropriations made and transfers
of appropriations from
the first fiscal year to the second fiscal
year of the biennium in
provisions of acts of the general
assembly signed by the governor
but not yet effective;
(b) Transfers of appropriation from
the first fiscal year to
the second fiscal year of the biennium
approved by the controlling
board.
(5) "Estimated general revenue fund revenue" means the
most
recent such estimate available to the director of budget
and
management.
(B)(1) Not later than the thirty-first day
of July each year,
the director of budget and
management shall determine the surplus
revenue that existed on the preceding
thirtieth day of June and
transfer from the general revenue fund, to the
extent of the
unobligated, unencumbered balance on
the preceding thirtieth day
of June
in excess of one-half of one per cent of the general
revenue fund revenues in the preceding fiscal year, the following:
(a) First, to the budget stabilization
fund, any amount
necessary for the balance of the budget
stabilization fund to
equal five per cent of the general revenue
fund revenues of the
preceding fiscal year;
(b) Then, to the income tax reduction
fund, which is hereby
created in the state treasury, an amount
equal to the surplus
revenue.
(2) Not later than the thirty-first day of
July each year,
the director shall determine the percentage that the balance
in
the income tax reduction fund is of the amount of revenue that the
director estimates will be received
from the tax levied under
section 5747.02 of the Revised Code in the current fiscal year
without regard
to any reduction under division
(B) of that
section. If that percentage exceeds thirty-five one
hundredths of
one per cent, the director shall certify
the percentage to the tax
commissioner not later than the
thirty-first day of July.
(C) The director of budget and
management shall transfer
money in the income tax reduction fund to the
general revenue
fund, the local government fund, and the library and local
government support fund, and the local government revenue
assistance fund as
necessary to offset revenue reductions
resulting from the
reductions in taxes required under division
(B)
of section 5747.02 of the Revised Code in the respective amounts
and
percentages prescribed by divisions division (A)(1), (2), and
(4) of section 5747.03 and divisions (A) and (B) of section 131.51
of
the Revised Code as if the
amount transferred had been
collected as taxes under Chapter 5747.
of the Revised Code. If no
reductions in taxes are made under that division
that affect
revenue received in the current fiscal year, the
director shall
not transfer money from the income tax reduction
fund to the
general revenue fund, the local government fund, and the
library
and local government support fund, and the local government
revenue
assistance fund.
Sec. 131.51. (A) Beginning January 2008, on or before the
fifth day of each month, the director of budget and management
shall credit to the local government fund three and sixty-eight
one hundredths per cent of total tax revenue credited to the
general revenue fund during the preceding month. In determining
the total tax revenue credited to the general revenue fund during
the preceding month, the director shall include amounts
transferred from that fund during the preceding month pursuant to
divisions (A) and (B) of this section. Money shall be distributed
from the local government fund as required under section 5747.50
of the Revised Code during the same month in which it is credited
to the fund.
(B) Beginning January 2008, on or before the fifth day of
each month, the director of budget and management shall credit to
the library and local government support fund, two and twenty-two
one hundredths per cent of the total tax revenue credited to the
general revenue fund during the preceding month. In determining
the total tax revenue credited to the general revenue fund during
the preceding month, the director shall include amounts
transferred from that fund during the preceding month pursuant to
divisions (A) and (B) of this section. Money shall be distributed
from the library and local government support fund as required
under section 5747.47 of the Revised Code during the same month in
which it is credited to the fund.
(C) The director of budget and management shall develop a
schedule identifying the specific tax revenue sources to be used
to make the monthly transfers required under divisions (A) and (B)
of this section. The director may, from time to time, revise the
schedule as the director considers necessary.
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655
of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other
securities.
(C) "Board of elections" means the county board of
elections
of the county in which the subdivision is located. If
the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be
made
in the applicable proceedings for the establishment in a
bond
retirement fund of separate accounts relating to debt
charges on
particular securities, or on securities payable from
the same or
common sources, and for the application of moneys in
those
accounts only to specified debt charges on specified
securities or
categories of securities. Subject to law and any
provisions in
the
applicable proceedings, moneys in a bond
retirement fund or
separate account in a bond retirement fund may
be transferred to
other funds and accounts.
(E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated
or
provided for in the applicable legislation, which interest is
to
be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized
by
or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the
county
in which the subdivision is located. If the subdivision
is
located
in more than one county, "county auditor" means the
county
auditor
of the county that contains the highest amount of
the tax
valuation of the subdivision or that otherwise has
jurisdiction in
practice over and customarily handles property
tax matters
relating to the subdivision. In the case of a county
that has
adopted a charter, "county auditor" means the officer
who
generally has the duties and functions provided in the
Revised
Code for a county auditor.
(H) "Credit enhancement facilities" means letters of
credit,
lines of credit, stand-by, contingent, or firm securities
purchase
agreements, insurance, or surety arrangements,
guarantees, and
other arrangements that provide for direct or
contingent payment
of debt charges, for security or additional
security in the event
of nonpayment or default in respect of
securities, or for making
payment of debt charges to and at the
option and on demand of
securities holders or at the option of
the issuer or upon certain
conditions occurring under put or
similar arrangements, or for
otherwise supporting the credit or
liquidity of the securities,
and includes credit, reimbursement,
marketing, remarketing,
indexing, carrying, interest rate hedge,
and subrogation
agreements, and other agreements and arrangements
for payment and
reimbursement of the person providing the credit
enhancement
facility and the security for that payment and
reimbursement.
(I) "Current operating expenses" or "current expenses"
means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision.
(J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption
payments,
interest, and any redemption premium, payable on
securities as
those payments come due and are payable. The use
of "debt
charges"
for this purpose does not imply that any
particular
securities
constitute debt within the meaning of the
Ohio
Constitution or
other laws.
(K) "Financing costs" means all costs and expenses
relating
to the authorization, including any required election,
issuance,
sale, delivery, authentication, deposit, custody,
clearing,
registration, transfer, exchange, fractionalization,
replacement,
payment, and servicing of securities, including,
without
limitation, costs and expenses for or relating to
publication and
printing, postage, delivery, preliminary and
final official
statements, offering circulars, and informational
statements,
travel and transportation, underwriters, placement
agents,
investment bankers, paying agents, registrars,
authenticating
agents, remarketing agents, custodians, clearing
agencies or
corporations, securities depositories, financial
advisory
services, certifications, audits, federal or state
regulatory
agencies, accounting and computation services, legal
services and
obtaining approving legal opinions and other legal
opinions,
credit ratings, redemption premiums, and credit
enhancement
facilities. Financing costs may be paid from any
moneys available
for the purpose, including, unless otherwise
provided in the
proceedings, from the proceeds of the securities
to which they
relate and, as to future financing costs, from the
same sources
from which debt charges on the securities are paid
and as though
debt charges.
(L) "Fiscal officer" means the following, or, in the case
of
absence or vacancy in the office, a deputy or assistant
authorized
by law or charter to act in the place of the named
officer, or if
there is no such authorization then the deputy or
assistant
authorized by legislation to act in the place of the
named officer
for purposes of this chapter, in the case of the
following
subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised
Code
for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of
education;
(4) A regional water and sewer district, the secretary of
the
board of trustees;
(5) A joint township hospital district, the treasurer of
the
district;
(6) A joint ambulance district, the clerk of the board of
trustees;
(7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code;
(8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district;
(9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the fiscal officer of
the township;
(10) A joint fire district, the clerk of the board of
trustees of that district;
(11) A regional or county library district, the person
responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person
appointed as
fiscal officer pursuant to division (D) of section
307.053 of the Revised
Code;
(14) A fire and ambulance district, the person appointed as
fiscal officer
under division (B) of section 505.375 of the
Revised Code;
(15) A subdivision described in division (MM)(17) of
this
section, the officer who is designated by law as or performs
the
functions of its chief fiscal officer.
(M) "Fiscal year" has the same meaning as in section 9.34
of
the Revised Code.
(N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account
of,
principal or interest or their equivalents payable by or on
behalf
of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt
charges
and expenses related to that payment at or prior to
retirement by
purchase, call for redemption, payment at maturity,
or otherwise.
(Q) "General obligation" means securities to the payment
of
debt charges on which the full faith and credit and the
general
property taxing power, including taxes within the tax
limitation
if available to the subdivision, of the subdivision
are pledged.
(R) "Interest" or "interest equivalent" means those
payments
or portions of payments, however denominated, that
constitute or
represent consideration for forbearing the
collection of money, or
for deferring the receipt of payment of
money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended,
and
includes any laws of the United States providing for
application
of that code.
(T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of
any
public issuer.
(U) "Legislation" means an ordinance or resolution passed
by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year.
(X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or
project,
development or redevelopment project, or for or devoted
to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different
sources
of revenues, may be issued or for which special
assessments may be
levied by a single ordinance or resolution.
"One purpose"
includes, but is not limited to, in any case any
off-street
parking facilities relating to another permanent
improvement, and:
(1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities;
(4) In the case of a school district, any number of
facilities and buildings for school district purposes, and
related
facilities.
(AA) "Outstanding," referring to securities, means
securities
that have been issued, delivered, and paid for, except
any of the
following:
(1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for
which other securities have been issued;
(3) Securities for the payment, or redemption or purchase
for
cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking
fund
redemption requirements, mandatory sinking fund
requirements, or
otherwise, have been deposited, and credited for
the purpose in a
bond retirement fund or with a trustee or paying
or escrow agent,
whether at or prior to their maturity or
redemption, and, in the
case of securities to be redeemed prior
to their stated maturity,
notice of redemption has been given or
satisfactory arrangements
have been made for giving notice of
that redemption, or waiver of
that notice by or on behalf of the
affected security holders has
been filed with the subdivision or
its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities.
(CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and
reconstruction,
rehabilitation, renovation, installation,
improvement,
enlargement, and extension of property, assets, or
improvements so
certified as having an estimated life or period
of usefulness of
five years or more. The acquisition of all the
stock ownership of
a corporation is the acquisition of a
permanent improvement to the
extent that the value of that stock
is represented by permanent
improvements. A permanent
improvement for parking, highway, road,
and street purposes
includes resurfacing, but does not include
ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes any federal, state,
interstate,
regional, or local governmental agency, any
subdivision, and any
combination of those persons.
(EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale
or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and
proceedings.
(FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations:
(1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state;
(2) A taxing authority, subdivision, district, or other
local
public or governmental entity, and any combination or
consortium,
or public division, district, commission, authority,
department,
board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public
entity.
(GG) "Public obligations" means both of the following:
(2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment
or
redemption prior to maturity.
(II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities.
(JJ) "Registrar" means the person responsible for keeping
the
register for the particular registered securities, designated
by
or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer,
except
that those receipts may include, without limitation,
payments made
and to be made to the subdivision under leases or
agreements in
effect at the time the estimate is made. In the
case of an
operation, improvements, or enterprise, system,
project, or
category of improvements without at least a six-month
history of
receipts, the estimate of receipts by the fiscal
officer, other
than those to be derived under leases and
agreements then in
effect, shall be confirmed by the taxing
authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a
charter
under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution;
(4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under
section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section
505.71
of the Revised Code;
(7) A joint recreation district organized under division
(C)
of section 755.14 of the Revised Code;
(8) A detention facility district organized under section
2152.41, a district organized under section 2151.65,
or a
combined
district organized under sections 2152.41 and
2151.65 of
the
Revised Code;
(9) A township police district organized under section
505.48
of the Revised Code;
(11) A joint fire district organized under section 505.371
of
the Revised Code;
(12) A county library district created under section
3375.19
or a regional library district created under section
3375.28 of
the Revised Code;
(13) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized
under section
307.052 of the Revised Code;
(15) A fire and ambulance district organized under section
505.375 of the
Revised Code;
(16)
A fire district organized under division (C) of section
505.37 of the Revised Code;
(17) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following
subdivisions:
(1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a
charter
under Article X, Ohio Constitution, but with respect to
such a
library district acting solely as agent for the board of
trustees
of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a
joint fire district,
the board of trustees of the
district;
(5) A joint township hospital district, the joint township
hospital board;
(6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
or a joint
emergency medical services district, the joint board of
county commissioners;
(7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of
township trustees;
(8) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district;
(9) A subdivision described in division (MM)(17) of this
section, the legislative or governing body or official.
(OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations
of
property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01 or, tax
reductions under section
323.152 of the Revised Code, or similar
laws now or in the future
in effect.
For purposes of section 133.06 of the Revised Code, "tax
valuation" shall not include the valuation of tangible personal
property used in business, telephone or telegraph property,
interexchange telecommunications company property, or personal
property owned or leased by a railroad company and used in
railroad operations listed under or described in section 5711.22,
division (B) or (F) of section 5727.111, or section 5727.12 of the
Revised Code.
(QQ) "Year" means the calendar year.
(RR) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest
rate hedge," "interest
rate period," "put arrangement," and
"remarketing agent" have the
same meanings as in section 9.98 of
the Revised Code.
(SS) "Sales tax supported" means
obligations to the payment
of debt charges on which an
additional sales tax or additional
sales taxes have been pledged
by the taxing authority of a county
pursuant to section 133.081
of the Revised
Code.
Sec. 133.061. (A) This section applies only to a school
district that satisfies all of the following conditions:
(1) The district, prior to the effective date of this
section, undertook a classroom facilities project under section
3318.37 of the Revised Code.
(2) The district will undertake a subsequent classroom
facilities project under section 3318.37 of the Revised Code that
will consist of a single building housing grades six through
twelve.
(3) The district's project described in division (A)(2) of
this section will include locally funded initiatives that are not
required by the Ohio school facilities commission.
(4) The district's project described in division (A)(2) of
this section will commence within two years after the effective
date of this section.
(B) Notwithstanding any other provision of law to the
contrary, a school district to which this section applies may
incur net indebtedness by the issuance of securities in accordance
with the provisions of this chapter in excess of the limit
specified in division (B) or (C) of section 133.06 of the Revised
Code when necessary to raise the school district portion of the
basic project cost and any additional funds necessary to
participate in the classroom facilities project described in
division (A)(2) of this section, including the cost of items
designated by the Ohio school facilities commission as required
locally funded initiatives, the cost for site acquisition, and the
cost of the locally funded initiatives that are not required by
the commission described in division (A)(3) of this section, as
long as the district's total net indebtedness after the issuance
of those securities does not exceed one hundred twenty-five per
cent of the limit prescribed in division (B) of section 133.06 of
the Revised Code and the electors of the district approve the
issuance of those securities.
The school facilities commission shall notify the
superintendent of public instruction whenever a school district
will exceed either limit pursuant to this section.
Sec. 133.081. (A) As used in this section:
(1) "Anticipation notes" means notes issued in
anticipation
of the sales tax supported bonds authorized by this
section;
(2) "Authorizing proceedings" means the
resolution,
legislation, trust agreement, certification, and
other agreements,
instruments, and documents, as amended and
supplemented,
authorizing, or providing for the security or sale
or award of,
sales tax supported bonds, and includes the
provisions set forth
or incorporated in those bonds and
proceedings;
(3) "County sales tax" means any sales tax levied by the
taxing authority of a county pursuant to section 5739.021 or
5739.026 of the Revised
Code, and any tax levied by
that taxing
authority upon storage, use, or consumption under
section 5741.021
or 5741.023 of the
Revised
Code. However, "county sales
tax" does
not include a sales tax subject to referendum or a
sales tax that
was adopted as an emergency measure and is
subject to initiative
petition under section 5739.022 of the
Revised
Code.
(4) "Sales tax supported bonds" means the sales
tax supported
bonds authorized by this section, including
anticipation notes;
(5) "Refunding bonds" means sales tax supported
bonds issued
to provide for the refunding of the sales tax
supported bonds
referred to in this section as refunded
obligations.
(B) The taxing
authority of a county which has levied a
county sales tax for
the purpose of providing additional general
revenues of the
county pursuant to Chapter
5739. of the Revised
Code may anticipate the
receipts of such tax and issue sales tax
supported bonds of the
county in the principal amount necessary to
pay the costs of
financing any permanent improvement as defined in
division
(CC) of section 133.01 of the
Revised
Code, or to refund
any refunded
obligations, provided that the taxing authority
certifies that
the annual debt charges on the sales tax supported
bonds, or on
the sales tax supported bonds being anticipated by
anticipation
notes, do not exceed the estimated annual county
sales tax receipts. The
maximum aggregate amount of sales tax
supported bonds that may
be outstanding at any time in accordance
with their terms shall
not exceed an amount which requires or is
estimated to require
payments from sales tax receipts of debt
charges on the sales
tax supported bonds, or, in the case of
anticipation notes,
projected debt charges on the sales tax
supported bonds
anticipated, in any calendar year in an amount
exceeding the
county sales tax in anticipation of which the bonds
or
anticipation notes are issued as estimated by the fiscal
officer
based on general sales tax receipts averaged for the prior
two
calendar years prior to the year in which the sales tax
supported bonds are issued, and annualized for any increase in
the
county sales tax which may have been levied in part during
such
period or levied after such period. A taxing authority may
at any
time issue renewal anticipation notes, issue sales tax
supported
bonds to pay renewal anticipation notes, and, if it
considers
refunding expedient, issue refunding sales tax
supported bonds
whether the refunded obligations have or have
not matured. The
refunding sales tax supported bonds shall be
sold and the proceeds
needed for such purpose applied in the
manner provided in the
authorizing proceedings of the taxing
authority. The maximum
maturity of sales tax supported bonds
shall be calculated by the
fiscal officer in accordance with
section 133.20 of the Revised
Code, and such calculation
shall be filed with the taxing
authority of the county prior to
passage of a bond authorizing
resolution. If the county sales
tax pledged to the payment of the
sales tax supported bonds has
a stated expiration date, the final
principal maturity date of
the sales tax supported bonds shall not
extend beyond the final
year of collection of the county sales tax
pledged to the
payment of the sales tax supported bonds.
(C) Every
issue of sales tax supported bonds outstanding in
accordance
with their terms shall be payable out of the sales tax
receipts
received by the county or proceeds of sales tax supported
bonds,
renewal anticipation notes, or refunding sales tax
supported
bonds which may be pledged for such payment in the
authorizing
proceedings. The pledge shall be valid and binding
from the
time the pledge is made, and the county sales tax
receipts and
proceeds so pledged and thereafter received by the
county shall
immediately be subject to the lien of that pledge
without any
physical delivery of the county sales tax receipts or
proceeds
or further act. The lien of any pledge is valid and
binding as
against all parties having claims of any kind in tort,
contract,
or otherwise against the county, whether or not such
parties
have notice of the lien. Neither the resolution nor any
trust
agreement by which a pledge is created or further evidenced
need
be filed or recorded except in the records of the taxing
authority.
(D) Sales tax
supported bonds issued under this section do
not constitute a general obligation
debt, or a pledge of the full
faith and credit, of the state, the
county, or any other political
subdivision of the state, and the
holders or owners of the notes
bonds have no right to have taxes
levied by the general assembly
or property taxes levied by the taxing authority of any
political
subdivision of the state, including the taxing
authority of the
county, for the payment of debt charges.
Unless paid from other
sources, sales tax supported bonds are
payable from the sales tax
receipts pledged for their payment as
authorized by this section.
All sales tax supported bonds shall
contain on their face a
statement to the effect that the sales
tax supported bonds, as to
debt charges, are not debts or
obligations of the state and are
not general obligation debts of any political
subdivision of the
state, but, unless paid from other sources,
are payable from the
sales tax receipts pledged for their
payment. The utilization and
pledge of the sales tax receipts
and proceeds of sales tax
supported bonds, renewal anticipation
notes, or refunding sales
tax supported bonds for the payment of
debt charges is determined
by the general assembly to create a
special obligation which is
not a bonded indebtedness subject to
Section 11 of
Article
XII,
Ohio
Constitution.
(E) The sales
tax supported bonds shall bear such date or
dates, shall be
executed in the manner, and shall mature at such
time or times,
in the case of any anticipation notes not exceeding
ten years
from the date of issue of the original anticipation
notes and in
the case of any sales tax supported bonds or of any
refunding
sales tax supported bonds, not exceeding the maximum
maturity
certified to the taxing authority pursuant to division
(B) of this section, all as the
authorizing proceedings may
provide. The sales tax supported
bonds shall bear interest at such
rates, or at variable rate or
rates changing from time to time, in
accordance with provisions
in the authorizing proceedings, be in
such
denominations and form, either coupon or registered, carry
such
registration privileges, be payable in such medium of payment
and at such place or places, and be subject to such terms of
redemption, as the taxing authority may authorize or provide.
The
sales tax supported bonds may be sold at public or private
sale,
and at, or at not less than, the price or prices as the
taxing
authority determines. If any officer whose signature or
a
facsimile of whose signature appears on any sales tax
supported
bonds or coupons ceases to be such officer before
delivery of the
sales tax supported bonds or anticipation notes,
the signature or
facsimile shall nevertheless be sufficient for
all purposes as if
that officer had remained in office until
delivery of the sales
tax supported bonds. Whether or not the
sales tax supported bonds
are of such form and character as to
be negotiable instruments
under
Title
XIII of the
Revised
Code, the sales tax supported
bonds shall have all the qualities and incidents of negotiable
instruments, subject only to any provisions for registration.
Neither the members of the board of the taxing authority nor any
person executing the sales tax supported bonds shall be liable
personally on the sales tax supported bonds or be subject to any
personal liability or accountability by reason of their
issuance.
(F) Notwithstanding
any other provision of this section,
sections 9.98 to 9.983,
133.02, 133.70, and 5709.76, and division
(A) of section 133.03 of the
Revised
Code apply to the sales tax
supported bonds. Sales tax supported bonds issued under this
section need not comply with any other law applicable to notes
or
bonds but the authorizing proceedings may provide that
divisions
(B) to
(E) of section 133.25 of the
Revised
Code apply to the
sales tax
supported bonds or anticipation notes.
(G) Any authorized proceedings may contain provisions,
subject to any
agreements with holders as may then exist, which
shall be a part
of the contract with the holders, as to the
pledging of any or
all of the county's anticipated sales tax
receipts to secure the
payment of the sales tax supported bonds;
the use and
disposition of the sales tax receipts of the county;
the
crediting of the proceeds of the sale of sales tax supported
bonds to and among the funds referred to or provided for in the
authorizing proceedings; limitations on the purpose to which the
proceeds of the sales tax supported bonds may be applied and the
pledging of portions of such proceeds to secure the payment of
the
sales tax supported bonds or of anticipation notes; the
agreement
of the county to do all things necessary for the
authorization,
issuance, and sale of those notes anticipated in
such amounts as
may be necessary for the timely payment of debt
charges on any
anticipation notes; limitations on the issuance
of additional
sales tax supported bonds; the terms upon which
additional sales
tax supported bonds may be issued and secured;
the refunding of
refunded obligations; the procedure by which
the terms of any
contract with holders may be amended, and the
manner in which any
required consent to amend may be given;
securing any sales tax
supported bonds by a trust agreement or
other agreement; and any
other matters, of like or different
character, that in any way
affect the security or protection of
the sales tax supported bonds
or anticipation notes.
(H) The taxing
authority of a county may not repeal, rescind,
or reduce any
portion of a county sales tax pledged to the payment
of debt
charges on sales tax supported bonds issued by the county
while
such sales tax supported bonds remain outstanding, and no
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds shall be subject to repeal
or
reduction by the electorate of the county or by the taxing
authority of the county while such sales tax supported bonds are
outstanding.
Sec. 149.311. (A) As used in this section:
(1) "Historic building" means a building, including its
structural components, that is located in this state and that is
either individually listed on the national register of historic
places under 16 U.S.C. 470a, located in a registered historic
district, and certified by the state historic preservation officer
as being of historic significance to the district, or is
individually listed as a historic landmark designated by a local
government certified under 16 U.S.C. 470a(c).
(2) "Qualified rehabilitation expenditures" means
expenditures paid or incurred during the rehabilitation period,
and before and after that period as determined under 26 U.S.C. 47,
by an owner of a historic building to rehabilitate the building.
"Qualified rehabilitation expenditures" includes architectural or
engineering fees paid or incurred in connection with the
rehabilitation, and expenses incurred in the preparation of
nomination forms for listing on the national register of historic
places. "Qualified rehabilitation expenditures" does not include
any of the following:
(a) The cost of acquiring, expanding, or enlarging a historic
building;
(b) Expenditures attributable to work done to facilities
related to the building, such as parking lots, sidewalks, and
landscaping;
(c) New building construction costs.
(3) "Owner" of a historic building means a person holding the
fee simple interest in the building.
(4) "Certificate owner" means the owner of a historic
building to which a rehabilitation tax credit certificate was
issued under this section.
(5) "Registered historic district" means a historic district
listed in the national register of historic places under 16 U.S.C.
470a, a historic district designated by a local government
certified under 16 U.S.C. 470a(c), or a local historic district
certified under 36 C.F.R. 67.8 and 67.9.
(6) "Rehabilitation" means the process of repairing or
altering a historic building or buildings, making possible an
efficient use while preserving those portions and features of the
building and its site and environment that are significant to its
historic, architectural, and cultural values.
(7) "Rehabilitation period" means one of the following:
(a) If the rehabilitation initially was not planned to be
completed in stages, a period chosen by the owner not to exceed
twenty-four months during which rehabilitation occurs;
(b) If the rehabilitation initially was planned to be
completed in stages, a period chosen by the owner not to exceed
sixty months during which rehabilitation occurs.
(8) "State historic preservation officer" or "officer" means
the state historic preservation officer appointed by the governor
under 16 U.S.C. 470a.
(9) "Application period" means either of the following time
periods during which an application for a rehabilitation tax
credit certificate may be filed under this section:
(a) July 1, 2007, through June 30, 2008;
(b) July 1, 2008, through June 30, 2009.
(B) On or after July 1, 2007, but before July 1, 2009, the
owner of a historic building may apply to the state historic
preservation officer for a rehabilitation tax credit certificate
for qualified rehabilitation expenditures paid or incurred after
the effective date of this section April 4, 2007, for
rehabilitation of a historic building. The form and manner of
filing such applications shall be prescribed by rule of the
director of development, and applications expire at the end of
each application period. Before July 1, 2007, the director, after
consultation with the tax commissioner and in accordance with
Chapter 119. of the Revised Code, shall adopt rules that establish
all of the following:
(1) Forms and procedures by which applicants may apply for
rehabilitation tax credit certificates;
(2) Criteria for reviewing, evaluating, and approving
applications for certificates within the limitation on the number
of applications that may be approved in an application period
under division (D) of this section, criteria for assuring that the
certificates issued encompass a mixture of high and low qualified
rehabilitation expenditures, and criteria for issuing certificates
under division (C)(3)(b) of this section;
(3) Eligibility requirements for obtaining a certificate
under this section;
(4) The form of rehabilitation tax credit certificates;
(5) Reporting requirements and monitoring procedures;
(6) Any other rules necessary to implement and administer
this section.
(C) The state historic preservation officer shall accept
applications in the order in which they are filed. Within seven
days after an application is filed, the officer shall forward it
to the director of development who shall review the application
and determine whether all of the following criteria are met:
(1) That the building that is the subject of the application
is a historic building and the applicant is the owner of the
building;
(2) That the rehabilitation will satisfy standards prescribed
by the United States secretary of the interior under 16 U.S.C.
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to
that section;
(3) That receiving a rehabilitation tax credit certificate
under this section is a major factor in:
(a) The applicant's decision to rehabilitate the historic
building; or
(b) To increase the level of investment in such
rehabilitation.
An applicant shall demonstrate to the satisfaction of the
state historic preservation officer and director of development
that the rehabilitation will satisfy the standards described in
division (C)(2) of this section before the applicant begins the
physical rehabilitation of the historic building.
(D) If the director of development determines that the
criteria in divisions (C)(1), (2), and (3) of this section are
met, the director, in conjunction with the tax commissioner, shall
conduct a cost and benefit analysis for the historic building that
is the subject of an application filed under this section to
determine whether rehabilitation of the historic building,
including activities during the construction phase of the
rehabilitation, will result in a net revenue gain in state and
local taxes once the building is used. The director shall not
approve an application and issue a rehabilitation tax credit
certificate to an applicant unless the cost and benefit analysis
of the historic building determines that there will be a net
revenue gain in state and local taxes once the building is used. A
rehabilitation tax credit certificate shall not be issued before
rehabilitation of a historic building is completed. The director
shall not approve more than one hundred applications in an
application period.
(E)
Issuance of a certificate represents a finding by the
director of development of the matters described in divisions
(C)(1), (2), and (3) of this section only; issuance of a
certificate does not represent a verification or certification by
the director of the amount of qualified rehabilitation
expenditures for which a tax credit may be claimed under section
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of
qualified rehabilitation expenditures for which a tax credit may
be claimed is subject to inspection and examination by the tax
commissioner or employees of the commissioner under section
5703.19 of the Revised Code and any other applicable law. Upon the
issuance of a certificate, the director shall certify to the tax
commissioner, in the form and manner requested by the tax
commissioner, the name of the applicant, the amount of qualified
rehabilitation expenditures shown on the certificate, and any
other information required by the rules adopted under this
section.
(F)(1) On or before the first day of December in 2007, 2008,
and 2009, the director of development and tax commissioner jointly
shall submit to the president of the senate and the speaker of the
house of representatives a report on the tax credit program
established under this section and sections 5725.151, 5733.47, and
5747.76 of the Revised Code. The report shall present an overview
of the program and shall include information on the number of
rehabilitation tax credit certificates issued under this section
during an application period, an update on the status of each
historic building for which an application was approved under this
section, the dollar amount of the tax credits granted under
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and
any other information the director and commissioner consider
relevant to the topics addressed in the report.
(2) On or before December 1, 2010, the director of
development and tax commissioner jointly shall submit to the
president of the senate and the speaker of the house of
representatives a comprehensive report that includes the
information required by division (F)(1) of this section and a
detailed analysis of the effectiveness of issuing tax credits for
rehabilitating historic buildings. The report shall be prepared
with the assistance of an economic research organization jointly
chosen by the director and commissioner.
Sec. 151.08. This section applies to obligations as defined
in this
section.
(A) As used in this section:
(1) "Capital facilities" or "capital improvement projects"
means the
acquisition, construction, reconstruction, improvement,
planning, and
equipping
of roads and bridges, waste water
treatment systems, water supply systems,
solid waste disposal
facilities, flood control systems, and storm water and
sanitary
collection, storage, and treatment facilities, including real
property, interests in real property, facilities, and equipment
related or
incidental to those facilities.
(2) "Costs of capital facilities" include related direct
administrative
expenses and allocable portions of direct costs of
the Ohio public
works commission and the local subdivision.
(3) "Local subdivision" means any county, municipal
corporation, township,
sanitary district, or regional water and
sewer district.
(4) "Obligations" means obligations as defined in section
151.01 of the
Revised Code issued to pay costs of capital
facilities.
(B)(1) The issuing authority shall issue obligations to pay
costs of
financing or assisting in the financing of the capital
improvement projects of local subdivisions pursuant to Section
2m
of Article VIII, Ohio Constitution, section 151.01 of the Revised
Code, and
this section. Not more than one hundred twenty million
dollars principal
amount of obligations, plus the
principal amount
of obligations that in any prior fiscal years could have
been, but
were not, issued within that one-hundred-twenty-million dollar
fiscal year limit, may be issued in any fiscal year. Not more than
one
billion two hundred million dollars principal amount of
obligations pursuant to Section 2m of Article VIII, Ohio
Constitution may be
issued for the purposes of this section and
division (B)(2) of
section 164.09 of the Revised Code.
(2) The issuing authority shall issue obligations to pay
costs of financing or assisting in the financing of the capital
improvement projects of local subdivisions pursuant to Section 2p
of Article VIII, Ohio Constitution, section 151.01 of the Revised
Code, and this section. Not more than one hundred twenty million
dollars in principal amount of such obligations may be issued in
any of the first five fiscal years of issuance and not more than
one hundred fifty million dollars in principal amount of such
obligations may be issued in any of the next five fiscal years,
plus in each case the principal amount of such obligations that in
any prior fiscal year could have been but were not issued within
those fiscal year limits. No obligations shall be issued for the
purposes of this section pursuant to Section 2p of Article VIII,
Ohio Constitution, until at least one billion one hundred
ninety-nine million five hundred thousand dollars aggregate
principal amount of obligations have been issued pursuant to
Section 2m of Article VIII, Ohio Constitution. Not more than one
billion three hundred fifty million dollars principal amount of
obligations may be issued pursuant to Section 2p of Article VIII,
Ohio Constitution for the purposes of this section.
(C) Net proceeds of obligations shall be deposited into the
state
capital improvements fund created by section 164.08 of the
Revised Code.
(D) There is hereby created in the state treasury the "state
capital improvements bond service fund." All moneys received by
the state and
required by the bond proceedings, consistent with
this section and section
151.01 of the Revised Code, to be
deposited, transferred, or credited to the bond service
fund, and
all other moneys transferred or allocated to or received for
the
purposes of that fund, shall be deposited and credited to the bond
service
fund, subject to any applicable provisions of the bond
proceedings but without
necessity for any act of appropriation.
During the period beginning with the
date of the first issuance of
obligations and continuing during the time that
any obligations
are outstanding in accordance with their terms, so long as
moneys
in the bond service fund are insufficient to pay debt service when
due
on those obligations payable from that fund (except the
principal amounts of
bond anticipation notes payable from the
proceeds of renewal notes or bonds
anticipated) and due in the
particular fiscal year, a sufficient amount of
revenues of the
state is committed and, without necessity for further act of
appropriation, shall be paid to the bond service fund for the
purpose of
paying that debt service when due.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any
amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay the costs
of projects for
revitalization purposes as referred to in division
(A)(2) of
Section 2o of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state
representing the gross profit on the sale of spirituous
liquor, as
referred to in division (B)(4) of section 4301.10 of
the Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided in
that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued pursuant to
Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service;
(f) Additional or any other specific revenues or receipts
lawfully available to be
pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.
(B)(1) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. Not more than two hundred million dollars
principal amount of obligations issued
under this section for
revitalization purposes may be outstanding at any one time. Not
more than fifty million dollars principal amount of obligations,
plus the principal amount of obligations that in any prior fiscal
year could have been, but were not issued within the
fifty-million-dollar fiscal year limit, may be issued in any
fiscal year.
(2) The provisions and authorizations in section
151.01 of
the Revised
Code apply to the obligations and the bond
proceedings
except as
otherwise provided or provided for in those
obligations
and bond
proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond
service fund, which shall be in the custody of the treasurer
of
state, but shall be separate and apart from and not a part of
the
state treasury. All money received by
the state and required
by
the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of the debt service charges on obligations issued
under
this section, and for the establishment and maintenance of
any
reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the
issuing authority, by a trust agreement between
the state and
a
corporate trustee, which may be
any trust company
or bank having
its principal a place of business
within the state.
Any trust
agreement may contain the
resolution or
order authorizing the
issuance of the obligations,
any provisions
that may be contained
in any bond proceedings, and
other
provisions that are customary
or appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
service except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 156.02. The director of administrative services may
contract with an energy services company, contractor, architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures the office of
energy efficiency in the department of development for a report
containing an analysis and recommendations pertaining to the
implementation of energy conservation measures that would
significantly reduce energy consumption and operating costs in
any
buildings owned by the state and, upon request of its board of
trustees or managing authority, any building owned by an
institution of higher education as defined in section 3345.12 of
the Revised Code. The report shall include
estimates of all costs
of such measures, including the costs of
design, engineering,
installation, maintenance, repairs, and debt
service, and
estimates of the amounts by which energy consumption
and operating
costs would be reduced.
Sec. 164.03. For the purpose of allocating the funds made
available to finance public infrastructure capital improvement
projects
of local subdivisions through the issuance of general
obligations of the state
of Ohio pursuant to Section 2k or, 2m, or
2p of Article VIII, Ohio Constitution, the
state is divided into
the following districts:
District one. Cuyahoga county shall constitute district one.
District two. Hamilton county shall constitute district two.
District three. Franklin county shall constitute district
three.
District four. Montgomery county shall constitute district
four.
District five. Defiance, Erie, Fulton, Henry, Ottawa,
Paulding, Sandusky, Williams, and Wood counties shall constitute
district five.
District six. Mahoning and Trumbull counties shall
constitute
district six.
District seven. Ashtabula, Geauga, Lake, and Portage
counties
shall constitute district seven.
District eight. Summit county shall constitute district
eight.
District nine. Lorain, Huron, and Medina counties shall
constitute district nine.
District ten. Butler, Clermont, Clinton, and Warren
counties
shall constitute district ten.
District eleven. Champaign, Clark, Darke, Greene, Madison,
Miami, Preble, and Union counties shall constitute district
eleven.
District twelve. Lucas county shall constitute district
twelve.
District thirteen. Allen, Auglaize, Hancock, Logan,
Mercer,
Putnam, Shelby, and Van Wert counties shall constitute
district
thirteen.
District fourteen. Carroll, Columbiana, Coshocton,
Guernsey,
Harrison, Holmes, Jefferson, and Tuscarawas counties
shall
constitute district fourteen.
District fifteen. Adams, Brown, Fayette, Gallia, Highland,
Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall
constitute district fifteen.
District sixteen. Ashland, Crawford, Hardin, Marion,
Richland, Seneca, Wayne, and Wyandot counties shall constitute
district sixteen.
District seventeen. Delaware, Fairfield, Knox, Licking,
Morrow, and Pickaway counties shall constitute district
seventeen.
District eighteen. Athens, Belmont, Hocking, Meigs,
Monroe,
Morgan, Muskingum, Noble, Perry, and Washington counties
shall
constitute district eighteen.
District nineteen. Stark county shall constitute district
nineteen.
Sec. 164.08. (A) Except as provided in sections 151.01 and
151.08 or
section 164.09 of
the Revised Code, the net proceeds of
obligations issued and sold
by the treasurer of state pursuant to
section 164.09 of the
Revised Code before September 30, 2000, or
pursuant to sections
151.01 and 151.08 of the Revised Code, for
the purpose of financing or
assisting in the financing of the cost
of public infrastructure capital
improvement projects of local
subdivisions, as provided for in Section 2k or,
2m, or 2p of
Article VIII, Ohio
Constitution, and this chapter, shall be paid
into the state
capital improvements fund, which is hereby created
in the state
treasury. Investment earnings on moneys in the fund
shall be
credited to the fund.
(B) Each program year the amount of obligations authorized
by
the general assembly in accordance with sections 151.01 and 151.08
or section 164.09 of the
Revised Code, excluding the proceeds of
refunding or renewal
obligations, shall be allocated by the
director of the Ohio
public works commission as follows:
(1) First, twelve million dollars of the amount of
obligations authorized shall be allocated to provide financial
assistance to villages and to townships with populations in the
unincorporated areas of the township of less than five thousand
persons, for capital improvements in accordance with section
164.051 and division (D) of section 164.06 of the Revised Code.
As
used in division (B)(1) of this section, "capital
improvements"
includes resurfacing and improving roads.
(2) Following the allocation required by division (B)(1)
of
this section, the director may allocate two million
five hundred
thousand dollars of the
authorized obligations to provide
financial assistance to local
subdivisions for capital improvement
projects which in the
judgment of the director of the Ohio public
works commission are
necessary for the immediate preservation of
the health, safety,
and welfare of the citizens of the local
subdivision requesting
assistance.
(3) For the second, third, fourth, and fifth years that
obligations are authorized and are available for allocation under
this chapter, one million dollars shall be allocated to the sewer
and water fund created in section 1525.11 of the Revised Code.
Money from this allocation shall be transferred to that fund when
needed to support specific payments from that fund.
(4) For program years twelve and fourteen that obligations
are authorized
and available for allocation under this chapter,
two million dollars each
program year shall be allocated to the
small county capital improvement
program for use in providing
financial assistance under division (F)
of section 164.02 of the
Revised Code.
(5) After the allocation required by division (B)(3) of
this
section is made, the director shall determine the amount of
the
remaining obligations authorized to be issued and sold that
each
county would receive if such amounts were allocated on a per
capita basis each year. If a county's per capita share for the
year would be less than three hundred thousand dollars, the
director shall allocate to the district in which that county is
located an amount equal to the difference between three hundred
thousand dollars and the county's per capita share.
(6) After making the allocation required by division
(B)(5)
of this section, the director shall allocate the
remaining amount
to each district on a per capita basis.
(C)(1) There is hereby created in the state treasury the
state capital improvements revolving loan fund, into which shall
be deposited all repayments of loans made to local subdivisions
for capital improvements pursuant to this chapter. Investment
earnings on
moneys in the fund shall be credited to the fund.
(2) There may also be deposited in the state capital
improvements revolving loan fund moneys obtained from federal or
private grants, or from other sources, which are to be used for
any of the purposes authorized by this chapter. Such moneys
shall
be allocated each year in accordance with division
(B)(6) of this
section.
(3) Moneys deposited into the state capital
improvements
revolving loan fund shall be used to
make loans for the
purpose of
financing or assisting in the financing of the cost of capital
improvement projects of local subdivisions.
(4) Investment earnings credited to the state capital
improvements
revolving loan fund that exceed the amounts required
to meet estimated federal
arbitrage rebate requirements shall be
used to pay costs incurred by the
public
works commission in
administering this section. Investment earnings credited
to the
state capital improvements revolving loan fund that exceed the
amounts
required to pay for the administrative costs and estimated
rebate requirements
shall be allocated to each district on a per
capita basis.
(5) Each program year, loan repayments received and on
deposit in the
state capital improvements revolving loan fund
shall be allocated as follows:
(a) Each district public works integrating committee
shall be
allocated an amount equal to the sum of all loan repayments made
to
the state capital improvements revolving loan fund by local
subdivisions that
are part of the district. Moneys not used in a
program year may be used in
the next program year in the same
manner and for the same purpose as
originally allocated.
(b) Loan repayments made pursuant to projects
approved under
division (B)(1) of this section
shall be used to make loans in
accordance with section 164.051 and division
(D) of section 164.06
of the Revised Code. Allocations for this purpose made
pursuant to
division (C)(5) of this section shall be in addition to
the
allocation provided in division (B)(1) of
this section.
(c) Loan repayments made pursuant to projects
approved under
division (B)(2) of this section
shall be used to make loans in
accordance with division
(B)(2) of this section. Allocations for
this
purpose made pursuant to division (C)(5) of
this section
shall be in addition to the allocation provided in division
(B)(2)
of this section.
(d) Loans made from the state capital improvements
revolving
loan fund shall not be limited in their usage by divisions
(E),
(F), (G), (H), and (I) of section 164.05 of the Revised Code.
(D) Investment earnings credited to the state capital
improvements fund that exceed the amounts required to meet
estimated federal arbitrage rebate requirements shall be used to
pay costs incurred by the public works commission in
administering
sections 164.01 to 164.12 of the Revised
Code.
(E) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section and such information shall be
entered into the state accounting system. The director of budget
and management shall establish appropriation line items as needed
to track these allocations.
(F) If the amount of a district's allocation in a program
year exceeds the amount of financial assistance approved for the
district by the commission for that year, the remaining portion
of
the district's allocation shall be added to the district's
allocation pursuant to division (B) of this section for the next
succeeding year for use in the same manner and for the same
purposes as it was originally allocated, except that any portion
of a district's allocation which was available for use on new or
expanded infrastructure pursuant to division (H) of section
164.05
of the Revised Code shall be available in succeeding years
only
for the repair and replacement of existing infrastructure.
(G) When an allocation based on population is made by the
director pursuant to division (B) of this section, the
director
shall use
the most recent decennial census statistics, and shall
not make
any reallocations based upon a change in a district's
population.
Sec. 164.09. (A) The issuer is authorized to issue and
sell,
as provided in this section and in amounts from time to
time
authorized by the general assembly, general obligations of
this
state for the purpose of financing or assisting in the
financing
of the costs of public infrastructure capital improvements for
local
subdivisions. The full faith
and credit, revenues, and
taxing power of the state are and shall
be pledged to the timely
payment of bond service charges on
outstanding obligations, all in
accordance with Section 2k or 2m of
Article VIII, Ohio
Constitution and sections 164.09 to 164.12 of
the Revised Code,
excluding from that pledge fees, excises, or
taxes relating to the
registration, operation, or use of vehicles
on the public
highways, or to fuels used for propelling those
vehicles, and so
long as such obligations are outstanding there
shall be levied and
collected excises and taxes, excluding those
excepted above, in
amounts sufficient to pay the bond service
charges on such
obligations and costs relating to credit
facilities.
(B)(1) The total principal amount of obligations issued
pursuant
to Section 2k of Article VIII, Ohio Constitution shall
not exceed one billion two hundred million dollars, and not more
than one hundred twenty million dollars in principal amount of
obligations may be issued in any calendar year, all determined as
provided in sections 164.09 to 164.12 of the Revised
Code.
(2) The total principal amount of obligations issued
for the
purposes of this section pursuant to
Section 2m of Article VIII,
Ohio Constitution, shall not
exceed one billion two hundred
million dollars. Not more than one hundred
twenty million dollars
in
principal amount of such obligations, plus the principal amount
of such
obligations that in any prior fiscal years could have been
but were not issued
within the one-hundred-twenty-million-dollar
fiscal year limit, may be issued
in any fiscal year. No
obligations shall be issued for the purposes of this
section
pursuant to Section 2m of Article VIII, Ohio Constitution, until
at
least one billion one hundred ninety-nine million five hundred
thousand
dollars aggregate principal amount of obligations have
been issued pursuant to
Section 2k of Article VIII, Ohio
Constitution. The amounts specified under
division (B)(2) of this
section shall be
determined as provided in sections 164.09 to
164.12 of
the
Revised Code.
(C) Each issue of obligations shall be authorized by order
of
the issuer. The bond proceedings shall provide for the
principal
amount or maximum principal amount of obligations of an
issue, and
shall provide for or authorize the manner or agency
for
determining the principal maturity or maturities, not
exceeding
the earlier of thirty years from the date of issuance
of the
particular obligations or thirty years from the date the
debt
represented by the particular obligations was originally
contracted, the interest rate or rates, the date of and the dates
of payment of interest on the obligations, their denominations,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.96 and
9.98
to 9.983 of the Revised Code are applicable to the
obligations.
The purpose of the obligations may be stated in the
bond
proceedings as "financing or assisting in the financing of
local
subdivisions capital improvement projects."
(D) The proceeds of the obligations, except for any
portion
to be deposited in special funds, or in escrow funds for
the
purpose of refunding outstanding obligations, all as may be
provided in the bond proceedings, shall be deposited to the state
capital improvements fund established by section 164.08 of the
Revised Code.
(E) The issuer may appoint paying agents, bond registrars,
securities depositories, and transfer agents, and may retain the
services of financial advisers and accounting experts, and retain
or contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuer's judgment to carry out sections 164.01 to 164.12 of the
Revised Code. Financing costs are payable, as provided in the
bond
proceedings, from the proceeds of the obligations, from
special
funds, or from other moneys available for the purpose.
(F) The bond proceedings, including any trust agreement,
may
contain additional provisions customary or appropriate to the
financing or to the obligations or to particular obligations,
including but not limited to:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions at such price or prices and under such terms
and conditions as are provided in the bond proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and
application
of special funds, and the safeguarding of moneys on
hand or on
deposit, without regard to Chapter 131. or 135. of the
Revised
Code, but subject to any special provisions of this
section with
respect to particular funds or moneys, and provided
that any bank
or trust company that acts as a depository of any
moneys in
special funds may furnish such indemnifying bonds or
may pledge
such securities as required by the issuer;
(4) Any or every provision of the bond proceedings binding
upon the issuer and such state agency or local subdivision,
officer, board, commission, authority, agency, department, or
other person or body as may from time to time have the authority
under law to take such actions as may be necessary to perform all
or any part of the duty required by such provision;
(5) The maintenance of each pledge, any trust agreement,
or
other instrument comprising part of the bond proceedings until
the
state has fully paid or provided for the payment of the bond
service charges on the obligations or met other stated
conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuer
made as a part of a contract under which the obligations
were
issued or secured, the enforcement of such payments or
agreements
by mandamus, suit in equity, action at law, or any
combination of
the foregoing;
(7) The rights and remedies of the holders of obligations
and
of the trustee under any trust agreement, and provisions for
protecting and enforcing them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other provision for payment of obligations which
will
then no longer be outstanding for purposes of this section
or of
the bond proceedings;
(10) Any provision that may be made in bond proceedings
or a
trust agreement, including provision for amendment of the
bond
proceedings;
(11) Such other provisions as the issuer determines,
including limitations, conditions, or qualifications relating to
any of the foregoing;
(12) Any other or additional agreements with the holders
of
the obligations relating to the obligations or the security
for
the obligations.
(G) The great seal of the state or a facsimile of that
seal
may be affixed to or printed on the obligations. The
obligations
requiring signature by the issuer shall be signed by
or bear the
facsimile signature of the issuer as provided in the
bond
proceedings. Any obligations may be signed by the person
who, on
the date of execution, is the authorized signer although
on the
date of such obligations such person was not the issuer. In case
the
person whose signature or a facsimile of whose
signature
appears on any obligation ceases to be the issuer
before delivery
of the obligation, such signature or facsimile is
nevertheless
valid and sufficient for all purposes as if the
person had
remained the member until such delivery, and in
case the
seal to
be affixed to or printed on obligations has been changed after
the
seal has been affixed to or a facsimile of the seal has been
printed on the obligations, that seal or facsimile seal shall
continue to be sufficient as to those obligations and obligations
issued in substitution or exchange therefor.
(H) The obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to
the provisions
of the bond proceedings as to registration.
Obligations may be
issued in coupon or in fully registered form,
or both, as the
issuer determines. Provision may be made for the
registration of
any obligations with coupons attached as to
principal alone or as
to both principal and interest, their
exchange for obligations so
registered, and for the conversion or
reconversion into
obligations with coupons attached of any
obligations registered as
to both principal and interest, and for
reasonable charges for
such registration, exchange, conversion,
and reconversion. Pending
preparation of definitive obligations,
the issuer may issue
interim receipts or certificates which shall
be exchanged for such
definitive obligations.
(I) Obligations may be sold at public sale or at private
sale, and at such price at, above, or below par, as determined by
the issuer in the bond proceedings.
(J) In the discretion of the issuer, obligations may be
secured additionally by a trust agreement between the state and a
corporate trustee which may be any trust company or bank having
its principal a place of business within the state. Any trust
agreement may contain the order authorizing the issuance of the
obligations, any provisions that may be contained in the bond
proceedings, and other provisions that are customary or
appropriate in an agreement of the type.
(K) Except to the extent that their rights are restricted
by
the bond proceedings, any holder of obligations, or a trustee
under the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by the bond proceedings. Such rights include
the
right to compel the performance of all duties of the issuer
and
the state. Each duty of the issuer and the issuer's
employees, and
of each state agency and local public entity and
its officers,
members, or employees, undertaken pursuant to the
bond
proceedings, is hereby established as a duty of the issuer,
and of
each such agency, local subdivision, officer, member, or
employee
having authority to perform such duty, specifically
enjoined by
the law and resulting from an office, trust, or
station within the
meaning of section 2731.01 of the Revised
Code. The persons who
are at the time the issuer, or the
issuer's employees, are not
liable in their personal capacities
on any obligations or any
agreements of or with the issuer
relating to obligations or under
the bond proceedings.
(L) Obligations are lawful investments for banks,
societies
for savings, savings and loan associations, deposit
guarantee
associations, trust companies, trustees, fiduciaries,
insurance
companies, including domestic for life and domestic not
for life,
trustees or other officers having charge of sinking and
bond
retirement or other special funds of political subdivisions
and
taxing districts of this state, the commissioners of the
sinking
fund, the administrator of workers' compensation, the state
teachers retirement system, the public employees retirement
system, the school employees retirement system, and the Ohio
police
and fire pension fund, notwithstanding any
other provisions
of the Revised Code or rules adopted pursuant
thereto by any state
agency with respect to investments by them,
and are also
acceptable as security for the deposit of public
moneys.
(M) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuer only in notes, bonds, or other direct
obligations of the United States or of any agency or
instrumentality of the United States,
in obligations of this state
or any
political subdivision of this state, in certificates of
deposit
of any national bank located in this state and any bank,
as
defined in section 1101.01 of the Revised Code, subject to
inspection by the superintendent of financial institutions, in the
Ohio
subdivision's fund established pursuant to section 135.45 of
the
Revised Code, in no-front-end-load money market mutual funds
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United
States, and in
repurchase
agreements, including those issued by any fiduciary,
secured by
direct obligations of the United States or an agency or
instrumentality of the United States,
and in collective investment
funds established in
accordance with section 1111.14 of the
Revised Code and
consisting exclusively of direct obligations of
the United States
or of an agency or instrumentality of the United
States, notwithstanding division (A)(1)(c) of that section. The
income from
investments
shall be credited to such special funds or
otherwise as the
issuer determines in the bond proceedings, and
the investments
may be sold or exchanged at such times as the
issuer determines
or authorizes.
(N) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in a special fund shall
be
disbursed on the order of the issuer, provided that no such
order
is required for the payment from the bond service fund or
other
special fund when due of bond service charges or required
payments
under credit facilities.
(O) The issuer may covenant in the bond proceedings, and
any
such covenants shall be controlling notwithstanding any other
provision of law, that the state and the applicable officers and
agencies of the state, including the general assembly, so
long as
any obligations are outstanding in accordance with their
terms,
shall maintain statutory authority for and cause to be charged
and
collected taxes, excises, and other receipts of the state so
that
the receipts to the bond service fund shall be sufficient in
amounts to meet bond service charges and for the establishment
and
maintenance of any reserves and other requirements, including
payment of financing costs, provided for in the bond proceedings.
(P) The obligations, and the transfer of, and the interest
and other income from, including any profit made on the sale,
transfer, or other disposition of, the obligations shall at all
times be free from taxation, direct or indirect, within the
state.
(Q) Unless a judicial action or proceeding challenging the
validity of obligations is commenced by personal service on the
treasurer of state prior to the initial delivery of an issue of
the obligations, the obligations of that issue and the bond
proceedings pertaining to that issue are incontestable and those
obligations shall be conclusively considered to be and to have
been issued, secured, payable, sold, executed, and delivered, and
the bond proceedings relating to them taken, in conformity with
law if all of the following apply to the obligations:
(1) They state that they are issued under the provisions
of
this section and comply on their face with those provisions;
(2) They are issued within the limitations prescribed by
this
section;
(3) Their purchase price has been paid in full;
(4) They state that all the bond proceedings were held in
compliance with law, which statement creates a conclusive
presumption that the bond proceedings were held in compliance
with
all laws, including section 121.22 of the Revised Code,
where
applicable, and rules.
(R) This section applies only with respect to obligations
issued
and delivered before September 30, 2000.
Sec. 166.08. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, and other agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the economic
development bond service fund created by division (S) of this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the
officer who by law performs the functions of such officer.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means all receipts of the state
representing the gross profit on the sale of spirituous liquor,
as
referred to in division (B)(4) of section 4301.10 of the
Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided
in that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as in effect on
May 2, 1980, to be
paid into the state treasury; moneys accruing
to the state from
the lease, sale, or other disposition, or use,
of project
facilities, and from the repayment, including
interest, of loans
made from proceeds received from the sale of
obligations; accrued
interest received from the sale of
obligations; income from the
investment of the special funds; and
any gifts, grants, donations,
and pledges, and receipts
therefrom, available for the payment of
bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the economic development bond service fund
created by division (S) of this section to the extent provided in
the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(B) Subject to the limitations provided in section 166.11
of
the Revised Code, the issuing authority, upon the
certification by
the director of development to the issuing
authority of the amount
of moneys or additional moneys needed in
the facilities
establishment fund, the loan guarantee fund, the innovation
Ohio
loan fund, the innovation Ohio loan guarantee fund, or the
research and development loan fund for
the
purpose of paying, or
making loans for, allowable costs from
the
facilities
establishment fund, allowable innovation costs
from
the innovation
Ohio loan fund, or allowable costs from the research and
development loan fund, or needed for capitalized
interest,
for
funding reserves, and for paying costs and expenses
incurred
in
connection with the issuance, carrying, securing,
paying,
redeeming, or retirement of the obligations or any
obligations
refunded thereby, including payment of costs and
expenses relating
to letters of credit, lines of credit,
insurance, put agreements,
standby purchase agreements, indexing,
marketing, remarketing and
administrative arrangements, interest
swap or hedging agreements,
and any other credit enhancement,
liquidity, remarketing, renewal,
or refunding arrangements, all
of
which are authorized by this
section, or providing moneys for
the
loan guarantee fund
or the
innovation Ohio loan guarantee fund, as
provided in this chapter
or needed
for the purposes of funds
established in accordance with
or
pursuant to sections 122.35,
122.42, 122.54, 122.55, 122.56,
122.561, 122.57, and 122.80 of the
Revised Code which are within
the
authorization of Section 13 of
Article VIII, Ohio
Constitution,
shall issue obligations of the
state under this
section in the
required amount; provided that
such obligations may
be issued
to satisfy
the covenants in
contracts of
guarantee made
under section 166.06
or 166.15 of the
Revised Code,
notwithstanding limitations
otherwise applicable to
the issuance
of obligations under this
section. The proceeds of
such
obligations, except for the
portion to be deposited in
special
funds, including reserve
funds, as may be provided in the
bond
proceedings, shall as
provided in the bond proceedings be
deposited by the director of
development to the facilities
establishment fund, the loan
guarantee fund, the innovation Ohio
loan
guarantee fund, the innovation Ohio loan fund, or the
research and development loan fund.
Bond
proceedings for project
financing obligations may provide that the
proceeds derived from
the issuance of such obligations shall be
deposited into
such fund
or funds provided for in the bond
proceedings and, to the extent
provided for in the bond
proceedings, such proceeds shall be
deemed to have
been deposited
into the facilities establishment
fund and transferred to such
fund or funds. The issuing authority
may appoint trustees, paying
agents, and
transfer agents and may
retain the services of
financial
advisors, accounting experts, and
attorneys, and retain
or
contract for the services of marketing,
remarketing, indexing,
and administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
issuing authority's judgment to
carry out this section. The
costs
of such services are allowable
costs payable from the
facilities
establishment fund or the
research and development loan fund
or allowable innovation costs
payable from the
innovation Ohio loan fund.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
moneys
accruing to the state from the lease, sale, or other
disposition,
or use, of project facilities, or from payment of
the principal of
or interest on loans made, or fees charged for
guarantees made, or
from any money or property received by the
director, treasurer of
state, or the state under Chapter 122. of
the Revised Code, or
from any other use of the proceeds of the
sale of the obligations,
and no such moneys may be used for the
payment of bond service
charges, except for accrued interest,
capitalized interest, and
reserves funded from proceeds received
upon the sale of the
obligations and except as otherwise
expressly provided in the
applicable bond proceedings pursuant to
written directions by the
director. The right of such holders
and owners to payment of bond
service charges is limited to all
or that portion of the pledged
receipts and those special funds
pledged thereto pursuant to the
bond proceedings in accordance
with this section, and each such
obligation shall bear on its
face a statement to that effect.
(D) Obligations shall be authorized by resolution or order
of
the issuing authority and the bond proceedings shall provide
for
the purpose thereof and the principal amount or amounts, and
shall
provide for or authorize the manner or agency for
determining the
principal maturity or maturities, not exceeding
twenty-five years
from the date of issuance, the interest rate or
rates or the
maximum interest rate, the date of the obligations
and the dates
of payment of interest thereon, their denomination,
and the
establishment within or without the state of a place or
places of
payment of bond service charges. Sections 9.98 to
9.983
of the
Revised Code are applicable to obligations issued
under
this
section, subject to any applicable limitation under
section
166.11
of the Revised Code. The purpose of such
obligations may
be stated
in the bond proceedings in terms
describing the general
purpose or
purposes to be served. The
bond proceedings also shall
provide,
subject to the provisions of
any other applicable bond
proceedings, for the pledge of all, or
such part as the issuing
authority may determine, of the pledged
receipts and the
applicable special fund or funds to the payment
of bond service
charges, which pledges may be made either prior
or subordinate to
other expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or thereafter
issued, if and to the extent provided
in the bond proceedings.
The
pledged receipts and special funds
so pledged and thereafter
received by the state are immediately
subject to the lien of such
pledge without any physical delivery
thereof or further act, and
the lien of any such pledges is valid
and binding against all
parties having claims of any kind against
the state or any
governmental agency of the state, irrespective
of whether such
parties have notice thereof, and shall create a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code,
without the necessity for separation or
delivery of funds or for
the filing or recording of the bond
proceedings by which such
pledge is created or any certificate,
statement or other document
with respect thereto; and the pledge
of such pledged receipts and
special funds is effective and the
money therefrom and thereof may
be applied to the purposes for
which pledged without necessity for
any act of appropriation.
Every pledge, and every covenant and
agreement made with respect
thereto, made in the bond proceedings
may therein be extended to
the benefit of the owners and holders
of obligations authorized
by this section, and to any trustee
therefor, for the further
security of the payment of the bond
service charges.
(E) The bond proceedings may contain additional provisions
as
to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds,
and the safeguarding of moneys on hand or on deposit,
without
regard to Chapter 131. or 135. of the Revised Code, but
subject to
any special provisions of this chapter, with respect
to
particular
funds or moneys, provided that any bank or trust
company which
acts as depository of any moneys in the special
funds may furnish
such indemnifying bonds or may pledge such
securities as required
by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under section 122.43, 166.07, or 166.16 of the Revised Code.
(F) The obligations may have the great seal of the state
or
a
facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. If the issuing authority whose signature
or a
facsimile
of whose signature appears on any such obligation
or
coupon ceases
to be the issuing authority before delivery
thereof,
such
signature or facsimile is nevertheless valid and
sufficient
for
all purposes as if the former issuing
authority had remained
the
issuing
authority until such delivery; and if the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to
the
provisions
of the bond proceedings as to registration. The
obligations may be
issued in coupon or in registered form, or
both, as the issuing
authority determines. Provision may be made
for the registration
of any obligations with coupons attached
thereto as to principal
alone or as to both principal and
interest, their exchange for
obligations so registered, and for
the conversion or reconversion
into obligations with coupons
attached thereto of any obligations
registered as to both
principal and interest, and for reasonable
charges for such
registration, exchange, conversion, and
reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
Obligations issued to provide moneys for the loan guarantee
fund
or the innovation Ohio loan guarantee fund may, as determined
by the issuing authority, be sold at
private sale, and without
publication of a notice of sale.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal a place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions which are customary or
appropriate in an
agreement or indenture of such type, including,
but not limited
to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and
of the trustee, and provisions for protecting and enforcing
them,
including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holders of obligations or trustees under the bond
proceedings, except to the extent that their rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this
state or granted by such bond proceedings. Such rights
include
the
right to compel the performance of all duties of the
issuing
authority, the director of development, or the division of liquor
control required by this chapter or the bond
proceedings; to
enjoin unlawful activities; and in the event of
default with
respect to the payment of any bond service charges
on any
obligations or in the performance of any covenant or
agreement on
the part of the issuing authority, the director of
development, or
the division of liquor control in the bond
proceedings, to apply
to a court having jurisdiction of the cause
to appoint a receiver
to receive and administer the pledged
receipts and special funds,
other than those in the custody of
the treasurer of state, which
are pledged to the payment of the
bond service charges on such
obligations or which are the subject
of the covenant or agreement,
with full power to pay, and to
provide for payment of bond service
charges on, such obligations,
and with such powers, subject to the
direction of the court, as
are accorded receivers in general
equity cases, excluding any
power to pledge additional revenues or
receipts or other income
or moneys of the issuing authority or the
state or governmental
agencies of the state to the payment of such
principal and
interest and excluding the power to take possession
of, mortgage,
or cause the sale or otherwise dispose of any
project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or lease,
lease-purchase agreement, or loan made under authority of this
chapter, and in every agreement by or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform
such duty, specifically enjoined by the law resulting
from an
office, trust, or station within the meaning of section
2731.01 of
the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations
for the refunding, including funding and retirement,
and advance
refunding with or without payment or redemption prior
to maturity,
of any obligations previously issued by the issuing
authority.
Such obligations may be issued in amounts sufficient
for payment
of the principal amount of the prior obligations, any
redemption
premiums thereon, principal maturities of any such
obligations
maturing prior to the redemption of the remaining
obligations on a
parity therewith, interest accrued or to accrue
to the maturity
dates or dates of redemption of such obligations,
and any
allowable costs including expenses incurred or to be
incurred in
connection with such issuance and such refunding,
funding, and
retirement. Subject to the bond proceedings
therefor, the portion
of proceeds of the sale of obligations
issued under this division
to be applied to bond service charges
on the prior obligations
shall be credited to an appropriate
account held by the trustee
for such prior or new obligations or
to the appropriate account in
the bond service fund for such
obligations. Obligations authorized
under this division shall be
deemed to be issued for those
purposes for which such prior
obligations were issued and are
subject to the provisions of this
section pertaining to other
obligations, except as otherwise
provided in this section;
provided that, unless otherwise
authorized by the general
assembly, any limitations imposed by
the
general assembly pursuant
to this section with respect to
bond
service charges applicable to
the prior obligations shall be
applicable to the obligations
issued under this division to
refund, fund, advance refund or
retire such prior obligations.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to
the payment of the bonds anticipated, or from the proceeds of
such
bonds or renewal notes, or both, as the issuing authority
provides
in the resolution or order authorizing such notes. Such
notes may
be additionally secured by covenants of the issuing
authority to
the effect that the issuing authority and the state
will do such
or all things necessary for the issuance of such
bonds or renewal
notes in appropriate amount, and apply the
proceeds thereof to the
extent necessary, to make full payment of
the principal of and
interest on such notes at the time or times
contemplated, as
provided in such resolution or order. For such
purpose, the
issuing authority may issue bonds or renewal notes
in such
principal amount and upon such terms as may be necessary
to
provide funds to pay when required the principal of and
interest
on such notes, notwithstanding any limitations
prescribed by or
for purposes of this section. Subject to this
division, all
provisions for and references to obligations in
this section are
applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the
issuance of bond anticipation notes shall set forth for such
bonds
an estimated interest rate and a schedule of principal
payments
for such bonds and the annual maturity dates thereof,
and for
purposes of any limitation on bond service charges
prescribed
under division (A) of section 166.11 of the Revised
Code, the
amount of bond service charges on such bond
anticipation notes is
deemed to be the bond service charges for
the bonds anticipated
thereby as set forth in the bond
proceedings applicable to such
notes, but this provision does not
modify any authority in this
section to pledge receipts and
special funds to, and covenant to
issue bonds to fund, the
payment of principal of and interest and
any premium on such
notes.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation, the state teachers retirement
system,
the public employees retirement system, the school
employees
retirement system, and the Ohio police and
fire pension fund,
notwithstanding any other
provisions of the Revised Code or rules
adopted pursuant thereto by any
governmental agency of the state
with respect to investments by
them, and are also acceptable as
security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of banks. If the law or the
instrument
creating a trust pursuant to division (J) of this
section
expressly permits investment in direct obligations of the
United
States or an agency of the United States, unless expressly
prohibited by the
instrument, such moneys also may be invested in
no-front-end-load
money market mutual funds consisting exclusively
of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the
fiduciary itself,
secured by obligations of the United States or
an agency of the United States;
and in common trust funds
established in accordance with section
1111.20 of the Revised Code
and consisting exclusively of any
such securities, notwithstanding
division (A)(4) of that section.
The income from such investments
shall be credited to such funds
as the issuing authority
determines, and such investments may be
sold at such times as the
issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(Q) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(R) The issuing authority may covenant in the bond
proceedings, and any such covenants are controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
charged
and collected wholesale and retail prices for spirituous
liquor
sold by the state or its agents so that the pledged
receipts are
sufficient in amount to meet bond service charges,
and the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings, and, as
necessary, to meet covenants contained in contracts of guarantee
made under section 166.06
of the Revised Code;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exemption from federal income taxation of
the
interest on the obligations.
(S) There is hereby created the economic development bond
service fund, which shall be in the custody of the treasurer of
state but shall be separate and apart from and not a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to a bond service fund or the
economic
development bond service fund, and all other moneys
transferred or
allocated to or received for the purposes of the
fund, shall be
deposited and credited to such fund and to any
separate accounts
therein, subject to applicable provisions of
the bond proceedings,
but without necessity for any act of
appropriation. During the
period beginning with the date of the
first issuance of
obligations and continuing during such time as
any such
obligations are outstanding, and so long as moneys in
the
pertinent bond service funds are insufficient to pay all bond
services charges on such obligations becoming due in each year, a
sufficient amount of the gross profit on the sale of spirituous
liquor included in pledged receipts are committed and shall be
paid to the bond service fund or economic development bond
service
fund in each year for the purpose of paying the bond
service
charges becoming due in that year without necessity for
further
act of appropriation for such purpose and notwithstanding
anything
to the contrary in Chapter 4301. of the Revised Code.
The
economic development bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(T) The obligations, the transfer thereof, and the income
therefrom, including any profit made on the sale thereof, shall
at
all times be free from taxation within the state.
Sec. 167.04. (A) The regional council of governments shall
adopt by-laws, by a majority vote of its
members, designating the
officers of the council and the method of their selection
thereof,
creating a governing board that may act for the council as
provided
in such the by-laws, and providing for the conduct of its
business.
(B) The by-laws of the regional council of governments shall
provide for the appointment of a
fiscal officer, who may hold any
other office or employment with the council,
and who shall
receive, deposit, invest, and disburse the funds of the council
in
the manner authorized by the by-laws or action by the council.
(C) The by-laws of a regional council of governments the
members of which include, under sections 167.01 and 167.02 of the
Revised Code, at least eight counties may include a provision
authorizing member attendance and voting at council meetings
either in person or by proxy.
Sec. 167.10. (A) As used in this section and sections
167.101 to 167.105 of the Revised Code:
(1) "Qualifying council" means a regional council established
under section 167.01 of the Revised Code to which both of the
following requirements apply:
(a) The council's membership is composed primarily of city,
local, and exempted village school districts, or any combination
of such districts;
(b) The council is an information technology center approved
under section 3301.075 of the Revised Code.
(2) "Securities" means bonds, notes, or other evidence of
obligation issued in temporary or permanent form, including
book-entry securities.
(B) A qualifying council may acquire, construct, and
otherwise improve real and personal property to be used by or for
the benefit of the qualifying council or one or more of its
members. The acquisition, construction, and improvement may be
financed by cash, installment payments with or without a mortgage,
lease-purchase agreements, leases with an option to purchase, or
securities issued pursuant to section 167.101 of the Revised Code.
Sec. 167.101. (A) A qualifying council may issue securities
only for the purpose described in section 167.10 of the Revised
Code. The securities may be secured only by the following:
(1) A pledge of and lien on the revenue of the qualifying
council, or such lesser portion of the revenue as may be
designated by the qualifying council, whether derived from
agreements with its members and other persons or from its
ownership or operation of any property, including available rates,
charges, rents, interest subsidies, debt charges, grants, or
payments by federal or state agencies, but excluding funds
received pursuant to section 3301.075 of the Revised Code;
(2) Covenants of the qualifying council to maintain rentals,
rates, and charges to produce revenue sufficient to do all of the
following:
(a) Pay all the current expenses of the property financed
with the proceeds of the securities;
(b) Pay the debt charges on the securities;
(c) Establish and maintain any contractually required special
funds relating to the securities or the property acquired,
constructed, or improved.
(B) The qualifying council may issue securities to fund or
refund the securities issued pursuant to division (A) of this
section. The qualifying council also may issue securities in
anticipation of the proceeds of the securities issued pursuant to
this section.
Sec. 167.102. Securities issued under section 167.101 of the
Revised Code are special obligation securities and are not general
obligations of the state, the issuing qualifying council, the
members of the issuing qualifying council, or any political
subdivision of the state. Such securities shall not constitute
debt for which the full faith and credit of the state, the issuing
qualifying council, the members of the issuing qualifying council,
or any political subdivision of the state may be pledged. The
holder or owner of the securities shall have no right to have
money raised by taxation by the state or any political subdivision
of the state obligated or pledged, and money so raised shall not
be obligated or pledged, for the payment of principal or interest
or premium on such securities, and each security shall bear on its
face a statement to that effect. Money received by the qualifying
council pursuant to section 167.06 of the Revised Code shall not
be considered money raised by taxation.
Sec. 167.103. The officers authorized by a qualifying
council issuing securities under section 167.101 of the Revised
Code shall execute the necessary documents to provide for the
pledge, protection, and disposition of the pledged revenues from
which debt charges and any special fund deposits are to be paid.
Those necessary documents include the issued securities, trust
agreements, leases, and other financing documents.
Sec. 167.104. The maximum maturity of securities issued
under section 167.101 of the Revised Code shall be governed by
section 133.20 of the Revised Code.
Sec. 167.105. Except for sections 9.98 to 9.983 and 167.10
to 167.105 of the Revised Code, the securities issued under
section 167.101 of the Revised Code shall not be subject to any
other provision of the Revised Code governing the issuance of
securities by the state, its agencies, or any political
subdivision of the state.
Sec. 173.04. (A) As used in this section, "respite care"
means short-term, temporary care or supervision provided to a
person who has Alzheimer's disease in the absence of the person
who normally provides that care or supervision.
(B) The Through the internet web site maintained by the
department of aging, the director of aging shall develop and
disseminate new
training materials or disseminate existing
Alzheimer's disease training materials for
licensed physicians,
registered nurses, licensed practical
nurses, administrators of
health care programs, social workers,
and other health care and
social service personnel who
participate or assist in the care or
treatment of persons who
have Alzheimer's disease. The training
materials disseminated through the web site may be developed by
the director or obtained from other sources.
(C) To the extent funds are available, the director shall
administer respite care programs and other supportive services
for
persons who have Alzheimer's disease and their families or
care
givers. Respite care programs shall be approved by the
director
and shall be provided for the following purposes:
(1) Giving persons who normally provide care or
supervision
for a person who has Alzheimer's disease relief from
the stresses
and responsibilities that result from providing such
care;
(2) Preventing or reducing inappropriate institutional
care
and enabling persons who have Alzheimer's disease to remain
at
home as long as possible.
(D) The director may provide services under this section
to
persons with Alzheimer's disease and their families regardless
of
the age of the persons with Alzheimer's disease.
(E) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code governing respite care programs
and other
supportive services, the distribution of funds, and the
purpose
for which funds may be utilized under this section.
(F) The director may create an Alzheimer's disease and
related disorders task
force to advise the director on the
following:
(1) The rights of persons with
Alzheimer's disease and on the
and related disorders;
(2) The development and evaluation of
education and training
programs, home care programs, and respite care
programs, and
long-term care initiatives as they relate to that serve persons
with
Alzheimer's disease and related disorders;
(3) How to serve persons with Alzheimer's disease and related
disorders in Ohio's unified long-term care budget system. If
If a task force is created, the members
shall include
representatives of the Alzheimer's disease
association and other
organizations the director considers
appropriate.
Sec. 173.35. (A) As used in this section, "PASSPORT
administrative agency" means an entity under contract with the
department of aging to provide administrative services regarding
the
PASSPORT
program created under section 173.40 of the Revised
Code.
(B) The department of aging shall administer
the residential
state supplement program under which the state
supplements the
supplemental security income payments received by
aged, blind, or
disabled adults under Title XVI of the "Social
Security Act," 49
Stat. 620 (1935), 42 U.S.C.A., as amended.
Residential state
supplement payments shall be used for the
provision of
accommodations, supervision, and personal care
services to
supplemental security income recipients who the
department
determines are at risk of needing institutional care.
(C) For an individual to be eligible for
residential state
supplement
payments,
all of the following must be the case:
(1) Except as provided by division (G) of this section, the
individual must reside in one of the following:
(a) An adult foster home certified under section 173.36 of
the Revised Code;
(b) A home or facility, other than a nursing home or
nursing
home unit of a home for the aging, licensed by the
department of
health under Chapter 3721. or 3722. of
the Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section;
(c) A community alternative home licensed under section
3724.03 of the Revised Code and certified in accordance with
standards established by the director of aging under division
(D)(2) of this section;
(d) A residential facility as defined in division
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by
the department of mental health and certified in accordance with
standards established by the director of aging under division
(D)(2) of this section;
(e) An apartment or room used to provide community mental
health housing services certified by the department of mental
health under
section
5119.611 of the
Revised Code
and approved
by
a board of alcohol, drug addiction,
and mental
health services
under division (A)(14) of section
340.03 of the
Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section.
(2) Effective July 1, 2000, a
PASSPORT
administrative agency
must have determined that the environment in which the
individual
will be living while receiving the payments is appropriate for the
individual's needs. If the individual is eligible for
supplemental
security
income payments or social security
disability insurance
benefits because of a
mental disability, the
PASSPORT
administrative agency shall refer the individual to a
community
mental health
agency for the community mental health
agency to
issue in accordance with
section 340.091 of the Revised
Code a
recommendation on whether the PASSPORT
administrative
agency
should determine that the environment in which the
individual will
be living while receiving the payments is
appropriate for the
individual's needs. Division (C)(2) of this
section does not apply
to an individual receiving residential
state supplement payments
on
June 30, 2000, until the individual's
first eligibility
redetermination after that date.
(3) The individual satisfies all eligibility requirements
established by
rules adopted under division (D) of this section.
(D)(1) The directors of aging and job
and family services
shall
adopt rules in
accordance with section 111.15 of the Revised
Code
as necessary to
implement the residential state supplement
program.
To the extent
permitted by Title XVI of the "Social Security
Act," and any
other provision of federal law, the director of
job
and family services shall
adopt rules establishing standards for
adjusting the eligibility requirements
concerning
the level of
impairment a person must have so that the amount appropriated for
the program by the general assembly is adequate for the number of
eligible
individuals. The rules shall not limit the eligibility
of
disabled persons
solely on a basis classifying disabilities as
physical or mental. The
director of job and family
services also
shall adopt
rules that establish eligibility standards for
aged,
blind, or disabled individuals who reside in
one of the homes or
facilities specified in division (C)(1)
of
this
section but who,
because of their income, do not receive
supplemental security
income payments. The rules may provide that these
individuals may
include individuals who receive other types of benefits,
including, social security disability insurance benefits provided
under
Title II of the "Social Security
Act," 49 Stat. 620 (1935),
42 U.S.C.A. 401, as
amended. Notwithstanding division
(B) of this
section, such payments may be made if funds are
available for
them.
The director of aging shall adopt rules establishing
the
method to be used
to determine the amount an eligible individual
will receive under the program.
The amount the general assembly
appropriates for the program shall be a
factor
included in the
method that department establishes.
(2) The director of aging shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards for
certification of living facilities described in division (C)(1) of
this section.
The directors of aging and mental health shall enter into an
agreement to certify facilities that apply for certification and
meet the standards established by the director of aging under this
division.
(E) The county department of job and family services of
the
county
in which an
applicant
for the residential state supplement
program resides shall determine whether
the applicant meets income
and resource requirements for the program.
(F) The department of aging shall maintain a waiting list
of
any
individuals eligible for payments under this section but not
receiving them because moneys appropriated to the department for
the purposes of this section are insufficient to make payments to
all eligible individuals. An individual may apply to be placed
on
the waiting list even though the individual does not reside in one
of the
homes or facilities specified in division (C)(1) of this
section at
the time of application. The director of aging, by
rules adopted
in
accordance with
Chapter 119. of the Revised
Code,
shall specify
procedures and
requirements for placing an
individual on the
waiting list and priorities for the order in
which individuals placed on the waiting list are to begin to
receive residential state supplement payments.
Individuals on the
waiting list
who reside in a
community setting
not required to be
licensed or
certified shall have their
eligibility for the
payments assessed
before other individuals on
the waiting
list.
The rules specifying priorities may give priority to individuals
placed on the waiting list on or after July 1, 2006, who receive
supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as
amended. The rules shall not affect the place on the waiting list
of any person who was on the list on July 1, 2006. The rules
specifying priorities may also set additional priorities based on
living arrangement, such as whether an individual resides in a
facility listed in division (C)(1) of this section or has been
admitted to a nursing facility.
(G) An individual in a licensed or certified living
arrangement receiving state supplementation on November 15, 1990,
under former section 5101.531 of the Revised Code shall not
become
ineligible for payments under this section solely by
reason of the
individual's living arrangement as long as
the individual remains
in the living arrangement in which
the individual resided on
November 15, 1990.
(H) The department of aging shall notify each person
denied
approval for payments under this section of the
person's right to
a hearing. On request, the hearing shall be provided by
the
department of job and family services in accordance
with section
5101.35
of the Revised Code.
Sec. 173.351. (A) As used in this section:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Residential state supplement program" means the program
administered pursuant to section 173.35 of the Revised Code.
(B) Each month, each area agency on aging shall determine
whether individuals who reside in the area that the area agency on
aging serves and are on a waiting list for the residential state
supplement program have been admitted to a nursing facility. If an
area agency on aging determines that such an individual has been
admitted to a nursing facility, the agency shall notify the
long-term care consultation program administrator serving the area
in which the individual resides about the determination. The
administrator shall determine whether the residential state
supplement program is appropriate for the individual and whether
the individual would rather participate in the program than
continue residing in the nursing facility. If the administrator
determines that the residential state supplement program is
appropriate for the individual and the individual would rather
participate in the program than continue residing in the nursing
facility, the administrator shall so notify the department of
aging. On receipt of the notice from the administrator, the
department of aging shall approve the individual's enrollment in
the residential state supplement program in accordance with the
priorities specified in rules adopted under division (F) of
section 173.35 of the Revised Code. Each quarter, the department
of aging shall certify to the
director of budget and management
the estimated increase in costs
of the residential state
supplement program resulting from
enrollment of individuals in
the program pursuant to this section.
(C) Not later than the last day of each calendar year, the
director of aging shall submit to the general assembly a report
regarding the number of individuals enrolled in the residential
state supplement program pursuant to this section and the costs
incurred and savings achieved as a result of the enrollments.
Sec. 173.401. (A) As used in this section:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"PASSPORT program" means the program created under section
173.40 of the Revised Code.
"PASSPORT waiver" means the federal medicaid waiver granted
by the United States secretary of health and human services that
authorizes the PASSPORT program.
(B) The director of job and family services shall submit to
the United States secretary of health and human services an
amendment to the PASSPORT waiver that authorizes additional
enrollments in the PASSPORT program pursuant to this section.
Beginning with the month following the month in which the United
States secretary approves the amendment and each month thereafter,
each area agency on aging shall determine whether individuals who
reside in the area that the area agency on aging serves and are on
a waiting list for the PASSPORT program have been admitted to a
nursing facility. If an area agency on aging determines that such
an individual has been admitted to a nursing facility, the agency
shall notify the long-term care consultation program administrator
serving the area in which the individual resides about the
determination. The administrator shall determine whether the
PASSPORT program is appropriate for the individual and whether the
individual would rather participate in the PASSPORT program than
continue residing in the nursing facility. If the administrator
determines that the PASSPORT program is appropriate for the
individual and the individual would rather participate in the
PASSPORT program than continue residing in the nursing facility,
the administrator shall so notify the department of aging. On
receipt of the notice from the administrator, the department of
aging shall approve the individual's enrollment in the PASSPORT
program regardless of the PASSPORT program's waiting list and even
though the enrollment causes enrollment in the program to exceed
the limit that would otherwise apply. Each quarter, the department
of aging shall certify to the director of budget and management
the estimated increase in costs of the PASSPORT program resulting
from enrollment of individuals in the PASSPORT program pursuant to
this section.
(C) Not later than the last day of each calendar year, the
director of job and family services shall submit to the general
assembly a report regarding the number of individuals enrolled in
the PASSPORT program pursuant to this section and the costs
incurred and savings achieved as a result of the enrollments.
Sec. 173.71. As used in sections 173.71 to 173.91 of the
Revised Code:
(A) "Children's health insurance program" means the
children's health insurance program part I and, part II, and part
III established under sections 5101.50 to 5101.5110 5101.529 of
the Revised Code.
(B) "Disability medical assistance program" means the program
established under section 5115.10 of the Revised Code.
(C) "Medicaid program" or "medicaid" means the medical
assistance program established under Chapter 5111. of the Revised
Code.
(D) "National drug code number" means the number registered
for a drug pursuant to the listing system established by the
United States food and drug administration under the "Drug Listing
Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.
(E) "Ohio's best Rx program participant" or "participant"
means an individual determined eligible for the Ohio's best Rx
program and included under an Ohio's best Rx program enrollment
card.
(F) "Participating manufacturer" means a drug manufacturer
participating in the Ohio's best Rx program pursuant to a
manufacturer agreement entered into under section 173.81 of the
Revised Code.
(G) "Participating terminal distributor" means a terminal
distributor of dangerous drugs participating in the Ohio's best Rx
program pursuant to an agreement entered into under section 173.79
of the Revised Code.
(H) "Political subdivision" has the same meaning as in
section 9.23 of the Revised Code.
(I) "State agency" has the same meaning as in section 9.23 of
the Revised Code.
(J) "Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code.
(K) "Third-party payer" has the same meaning as in section
3901.38 of the Revised Code.
(L) "Trade secret" has the same meaning as in section 1333.61
of the Revised Code.
(M) "Usual and customary charge" means the amount a
participating terminal distributor or the drug mail order system
included in the Ohio's best Rx program pursuant to section 173.78
of the Revised Code charges when a drug included in the program is
purchased by an individual who does not receive a discounted price
for the drug pursuant to any drug discount program, including the
Ohio's best Rx program or a pharmacy assistance program
established by any person or government entity, and for whom no
third-party payer or program funded in whole or part with state or
federal funds is responsible for all or part of the cost of the
drug.
Sec. 173.85. (A) The Ohio's best Rx program fund is hereby
created. The fund shall be in the custody of the treasurer of
state, but shall not be part of the state treasury. The fund shall
consist of the following:
(1) Manufacturer payments made by participating manufacturers
pursuant to agreements entered into under section 173.81 of the
Revised Code;
(2) Administrative fees, if an administrative fee is
determined by the department of aging in rules adopted under
section 173.83 of the Revised Code;
(3) Any amounts donated to the fund and accepted by the
department;
(4) The fund's investment earnings.
(B) Money in the Ohio's best Rx program fund shall be used to
make payments under section 173.801 of the Revised Code and to
make transfers to the Ohio's best Rx administration fund in
accordance with section 173.86 of the Revised Code.
Sec. 173.86. (A) The Ohio's best Rx administration fund is
hereby created in the state treasury. The treasurer of state
director of budget and management shall transfer from the Ohio's
best Rx program fund to the Ohio's best Rx administration fund
amounts equal to the following:
(1) Amounts resulting from application of the program
administration percentage, if a program administration percentage
is determined by the department of aging in rules adopted under
section 173.83 of the Revised Code;
(2) The amount of the administrative fees charged Ohio's best
Rx participants, if an administrative fee is determined by the
department of aging in rules adopted under section 173.83 of the
Revised Code;
(3) The amount of any donations credited to the Ohio's best
Rx program fund;
(4) The amount of investment earnings credited to the Ohio's
best Rx program fund.
The treasurer of state director of budget and management
shall make the transfers in accordance with a schedule developed
by the treasurer of state director and the department of aging.
(B) The department of aging shall use money in the Ohio's
best Rx administration fund to pay the administrative costs of the
Ohio's best Rx program, including, but not limited to, costs
associated with contracted services, staff, outreach activities,
computers and network services, and the Ohio's best Rx program
council. If the fund includes an amount that exceeds the amount
necessary to pay the administrative costs of the program, the
department may use the excess amount to pay the cost of subsidies
provided to Ohio's best Rx program participants under any subsidy
program established pursuant to section 173.861 of the Revised
Code.
Sec. 174.03. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, they
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
in activities that provide housing
and
housing
assistance for
specifically targeted low- and
moderate-income
families and
individuals.
There is no
minimum housing
project size for awards
under this division for
any project that
is developed for a
special needs population
and that is
supported by a social service
agency where the housing
project
is located. Activities for which
grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following:
(1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing;
(2) Providing supportive services related to housing and
the
homeless, including housing counseling. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund that remains after the award of
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of
section 174.02 of the Revised Code,
shall be awarded in any fiscal
year for supportive services.
(3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents.
(B)
Activities listed under division (A) of this section may
include emergency shelter care programs for unaccompanied youth
seventeen years of age and younger.
(C) Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above.
(C)(D) In developing programs under this section, the
department and
the agency shall invite, accept, and consider
public
comment, and recommendations from the housing trust fund
advisory
committee created under section 174.06 of the Revised
Code, on
how the programs should be designed to most effectively
benefit
low- and moderate-income families and individuals. The
programs
developed under this section shall respond collectively
to
housing and housing assistance needs of low- and
moderate-income
families and individuals statewide.
(D)(E) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules to
administer programs developed under this
section.
The rules shall
prescribe procedures and forms that
counties,
municipal
corporations, townships, local housing
authorities, and
nonprofit
organizations shall use in applying for
grants,
loans, loan
guarantees,
and loan subsidies and that private
developers
and
private
lenders shall use in applying for loans, loan
guarantees,
and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules shall do
both of the
following:
(1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will remain
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer;
(2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a housing
project to
prepare
and
implement a plan to reasonably assist any
families
and
individuals
displaced by the housing project in
obtaining
decent
affordable
housing.
(E)(F) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor the agency is limited
to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency
are limited by the following specifically
targeted low-
and
moderate-income guidelines:
(1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
fiscal year shall be
for
activities that provide affordable housing and housing
assistance
to families and individuals whose incomes
are equal to or less
than
fifty per cent of the median
income for
the county in which
they live, as determined by the department under
section
174.04
of the Revised Code.
(2) Any money
granted and loaned under
this
section in any
fiscal year that is not granted or loaned pursuant to division
(E)(F)(1) of this section shall be for activities
that
provide
affordable housing and housing assistance to
families
and
individuals whose incomes are equal to or
less
than
eighty per
cent of the median income for the county in which they live, as
determined by the department under section 174.04 of the Revised
Code.
(F)(G) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that
benefit
those families and individuals whose
incomes
are equal to or less
than
thirty-five per cent of
the median
income for the county in
which they live, as determined by the department
under
section
174.04 of the Revised Code.
(G)(H) The department and
the
agency
shall monitor the
programs developed under this section to
ensure
that money granted
and loaned under this section is not
used in a
manner that
violates division (H) of section 4112.02 of
the
Revised Code or
discriminates against families with children.
Sec. 174.06. (A) There is hereby created the housing trust
fund advisory committee. The committee consists of fourteen
members the governor appoints as follows to
represent
organizations committed to housing and housing
assistance for low-
and moderate-income persons:
(1) One member to represent lenders.
(2) One member to represent for-profit builders and
developers.
(3) One member to represent the families and
individuals
included in the income groups targeted for housing
and housing
assistance under divisions (E) and (F) and (G) of section
174.03
of the Revised Code.
(4) One member to represent religious, civic, or social
service organizations.
(5) One member to represent counties.
(6) One member to represent municipal corporations.
(7) One member to represent townships.
(8) One member to represent local housing authorities.
(9) One member to represent fair housing organizations.
(10) Three members to represent nonprofit organizations.
(11) One member to represent real estate brokers
licensed
under Chapter 4735. of the Revised Code.
(12) One member to represent the for-profit rental
housing
industry.
(B)(1) Terms of office are for four years, with each term
ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member was
appointed.
Vacancies shall be filled in the manner prescribed for
the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of a term shall hold office for
the remainder of
that term. A member shall continue in office
subsequent to the
expiration of a term until a successor takes
office or until
a period of sixty days has elapsed, whichever
occurs first.
(2) The governor may remove a member for
misfeasance,
malfeasance, or willful neglect of duty.
(C)(1) The committee shall select a chairperson from among
its
members. The committee shall meet at least once each calendar
year and upon the call of the chair. Members of the committee
serve without compensation, but shall be reimbursed for
reasonable
and necessary expenses incurred in the discharge of
duties.
(2) The department of development shall provide the committee
with a meeting place, supplies, and staff assistance as the
committee requests.
(D) The committee shall assist the department and the Ohio
housing finance agency in defining housing needs and priorities,
recommend to the department and agency at least
annually how the
programs developed under section 174.02 of
the Revised Code should
be designed to most effectively benefit
low- and moderate-income
persons, consider an allocation of funds for projects of fifteen
units or less, and advise the
director of development on whether
and how to reallocate money in the low- and
moderate-income
housing trust fund under division (B) of section
174.02 of the
Revised Code.
Sec. 183.01. As used in this chapter:
(A) "Tobacco master settlement agreement" means the
settlement
agreement (and related documents) entered into on
November 23,
1998 by the state and leading United States tobacco
product
manufacturers.
(B) "Net amounts credited to the tobacco master settlement
agreement fund" means all amounts credited to the tobacco master
settlement
agreement fund during a fiscal year, minus all amounts
required to be transferred under section 183.02 of the Revised
Code to the education facilities trust fund, the
education
facilities endowment
fund,
and the income tax reduction fund
during the fiscal year.
In addition, in fiscal year
2000, "net
amounts credited to the tobacco master settlement agreement
fund"
does not include amounts credited to the tobacco use prevention
and cessation trust fund, law enforcement improvements trust fund,
and
southern Ohio agricultural and community development trust
fund
from the first payment received that year.
(C) "Southern Ohio" includes any county in this state
where
tobacco has traditionally been grown.
Sec. 183.021. (A) No money from the tobacco master
settlement
agreement fund, as that fund existed prior to the
repeal of section 183.02 of the Revised Code by H.B. 119 of the
127th general assembly, shall be expended to do any of the
following:
(1) Hire an executive agency lobbyist, as defined under
section
121.60 of the Revised Code, or a legislative agent, as
defined
under section 101.70 of the Revised Code;
(2) Support or oppose candidates, ballot questions,
referendums,
or ballot initiatives.
(B) Nothing in this section prohibits any of the following
from
advocating on behalf of the specific objectives of a program
funded under
this chapter:
(1) The members of the board of trustees, executive
director,
or
employees of the tobacco use prevention and control
foundation;
(2) The members of the board of trustees, executive
director,
or
employees of the southern Ohio agricultural and
community
development foundation;
(3) The members or employees of the
third
frontier commission
or the members of the third frontier advisory
board.
Sec. 183.061. The board of trustees of the tobacco use
prevention and control foundation may form a nonprofit corporation
pursuant to Chapter 1702. of the Revised Code for the purpose of
raising money to aid the foundation in the conduct of its duties
under Chapter 183. of the Revised Code.
Sec. 183.17. The fiscal year of the southern Ohio
agricultural
and community development foundation shall be the
same as the fiscal year
of the state.
Within ninety days after the end of each fiscal year, the
foundation shall submit to the governor and the general assembly
both of
the following:
(A) A report of the activities of the foundation during the
preceding fiscal year. The report shall also contain an
independent
evaluation of the progress being made by the
foundation in
carrying out its duties.
(B) A financial report of the foundation for the preceding
year,
which shall include both:
(1) Information on the amount and percentage of overhead and
administrative expenditures compared to programmatic expenditures;
(2) An independent auditor's report on the
basic
financial
statements
and required supplementary information
of the
foundation. Such financial
statements shall
be prepared in
conformity with generally accepted
accounting principles
prescribed for governmental entities.
On or before July 1, 2010, the foundation shall report to the
governor and the general assembly on the progress that the
foundation has made
in replacing the production of tobacco in
southern Ohio with the production of other agricultural products
and in mitigating the adverse economic impact of reduced tobacco
production in
the region.
If the
foundation concludes that a
need
for additional funding still exists, the
foundation may
request
that provision be made for a portion of the payments
credited to
the tobacco master settlement agreement fund to
continue to be
transferred to the southern Ohio agricultural and
community
development trust fund.
Sec. 183.33. No money shall be appropriated or transferred
from
the general revenue fund to the tobacco master settlement
agreement
fund, tobacco use prevention and cessation trust fund,
tobacco use
prevention and control endowment fund, law enforcement
improvements trust fund, southern Ohio agricultural and community
development trust fund, southern Ohio agricultural and community
development foundation endowment fund, Ohio's public health
priorities trust fund, biomedical research and technology transfer
trust fund, education facilities trust fund, education facilities
endowment fund, or education technology trust fund. In addition,
no money shall be otherwise appropriated or transferred from the
general revenue fund for the use of the tobacco use prevention and
control foundation or the southern Ohio agricultural and community
development foundation.
Sec. 183.34. There is hereby created in the state treasury
the tobacco settlement oversight, administration, and enforcement
fund, to which shall be credited consist of amounts transferred
under
division (I) of section 183.02 of the Revised Code prior to
the repeal of that section by H.B. 119 of the 127th general
assembly. The attorney
general shall use the fund to pay costs
incurred in the oversight,
administration, and enforcement of the
tobacco master settlement
agreement.
Sec. 183.35. There is hereby created in the state treasury
the tobacco settlement enforcement fund, to which shall be
credited consist of amounts transferred under division (J) of
section 183.02
of the Revised Code prior to the repeal of that
section by H.B. 119 of the 127th general assembly. The tax
commissioner shall use the fund to
pay costs incurred in the
enforcement of divisions (F) and (G) of
section 5743.03 of the
Revised Code.
Sec. 183.51. (A) As used in this section and in the
applicable bond proceedings unless otherwise provided:
(1) "Bond proceedings" means the resolutions, orders,
indentures, purchase and sale and trust and other agreements
including any amendments or supplements to them, and credit
enhancement facilities, and amendments and supplements to them, or
any one or more or combination of them, authorizing, awarding, or
providing for the terms and conditions applicable to or providing
for the security or liquidity of, the particular obligations, and
the provisions contained in those obligations.
(2) "Bond service fund" means the bond service fund created
in the bond proceedings for the obligations.
(3) "Capital facilities" means, as applicable, capital
facilities or projects as referred to in section 151.03 or 151.04
of the Revised Code.
(4) "Consent decree" means the consent decree and final
judgment entered November 25, 1998, in the court of common pleas
of Franklin county, Ohio, as the same may be amended or
supplemented from time to time.
(5) "Cost of capital facilities" has the same meaning as in
section 151.01 of the Revised Code, as applicable.
(6) "Credit enhancement facilities," "financing costs," and
"interest" or "interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(7) "Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations. If
not prohibited by the applicable bond proceedings, "debt service"
may include costs relating to credit enhancement facilities that
are related to and represent, or are intended to provide a source
of payment of or limitation on, other debt service.
(8) "Improvement fund" means, as applicable, the school
building program assistance fund created in section 3318.25 of the
Revised Code and the higher education improvement fund created in
section 154.21 of the Revised Code.
(9) "Issuing authority" means the buckeye tobacco settlement
financing authority created in section 183.52 of the Revised Code.
(10) "Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding obligations, amounts required to be deposited into
special funds pursuant to the applicable bond proceedings, and
amounts to be used to pay financing costs.
(11) "Obligations" means bonds, notes, or other evidences of
obligation of the issuing authority, including any appertaining
interest coupons, issued by the issuing authority under this
section and Section 2i of Article VIII, Ohio Constitution, for the
purpose of providing funds to the state, in exchange for the
assignment and sale described in division (B) of this section, for
the purpose of paying costs of capital facilities for: (a) housing
branches and agencies of state government limited to facilities
for a system of common schools throughout the state and (b)
state-supported or state-assisted institutions of higher
education.
(12) "Pledged receipts" means, as and to the extent provided
for in the applicable bond proceedings:
(a) Pledged tobacco settlement receipts;
(b) Accrued interest received from the sale of obligations;
(c) Income from the investment of the special funds;
(d) Additional or any other specific revenues or receipts
lawfully available to be pledged, and pledged, pursuant to the
bond proceedings, including but not limited to amounts received
under credit enhancement facilities, to the payment of debt
service.
(13) "Pledged tobacco settlement receipts" means all amounts
received by the issuing authority pursuant to division (B) of this
section.
(14) "Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. "Principal amount" does not
include any premium paid to the issuing authority by the initial
purchaser of the obligations. "Principal amount" of a capital
appreciation bond, as defined in division (C) of section 3334.01
of the Revised Code, means its original face amount and not its
accreted value, and "principal amount" of a zero coupon bond, as
defined in division (J) of section 3334.01 of the Revised Code,
means the discounted offering price at which the bond is initially
sold to the public, disregarding any purchase price discount to
the original purchaser, if provided in or for pursuant to the bond
proceedings.
(15) "Special funds" or "funds," unless the context indicates
otherwise, means the bond service fund, and any other funds,
including any reserve funds, created under the bond proceedings
and stated to be special funds in those proceedings, including
moneys and investments, and earnings from investments, credited
and to be credited to the particular fund. "Special funds" does
not include any improvement fund or investment earnings on amounts
in any improvement fund, or other funds created by the bond
proceedings that are not stated by those proceedings to be special
funds.
(B) The state may assign and sell to the issuing authority,
and the issuing authority may accept and purchase, all or a
portion of the amounts to be received by the state under the
tobacco master settlement agreement for a purchase price payable
by the issuing authority to the state consisting of the net
proceeds of obligations and any residual interest, if any. Any
such assignment and sale shall be irrevocable in accordance with
its terms during the period any obligations secured by amounts so
assigned and sold are outstanding under the applicable bond
proceedings, and shall constitute a contractual obligation to the
holders or owners of those obligations. Any such assignment and
sale shall also be treated as an absolute transfer and true sale
for all purposes, and not as a pledge or other security interest.
The characterization of any such assignment and sale as a true
sale and absolute transfer shall not be negated or adversely
affected by only a portion of the amounts to be received under the
tobacco master settlement agreement being transferred, the
acquisition or retention by the state of a residual interest, the
participation of any state officer or employee as a member or
officer of, or providing staff support to, the issuing authority,
any responsibility of an officer or employee of the state for
collecting the amounts to be received under the tobacco master
settlement agreement or otherwise enforcing that agreement or
retaining any legal title to or interest in any portion of the
amounts to be received under that agreement for the purpose of
these collection activities, any characterization of the issuing
authority or its obligations for purposes of accounting, taxation,
or securities regulation, or by any other factors whatsoever. A
true sale shall exist under this section regardless of whether the
issuing authority has any recourse against the state or any other
term of the bond proceedings or the treatment or characterization
of the transfer as a financing for any purpose. Upon and following
the assignment and sale, the state shall not have any right,
title, or interest in the portion of the receipts under the
tobacco master settlement agreement so assigned and sold, other
than any residual interest that may be described in the applicable
bond proceedings for those obligations, and that portion, if any,
shall be the property of the issuing authority and not of the
state, and shall be paid directly to the issuing authority, and
shall be owned, received, held, and disbursed by the issuing
authority and not by the state.
The state may covenant, pledge, and agree in the bond
proceedings, with and for the benefit of the issuing authority,
the holders and owners of obligations, and providers of any credit
enhancement facilities, that it shall: (1) maintain statutory
authority for, and cause to be collected and paid directly to the
issuing authority or its assignee, the pledged receipts, (2)
enforce the rights of the issuing authority to receive the
receipts under the tobacco master settlement agreement assigned
and sold to the issuing authority, (3) not materially impair the
rights of the issuing authority to fulfill the terms of its
agreements with the holders or owners of outstanding obligations
under the bond proceedings, (4) not materially impair the rights
and remedies of the holders or owners of outstanding obligations
or materially impair the security for those outstanding
obligations, and (5) enforce Chapter 1346. of the Revised Code,
the
tobacco master settlement agreement, and the consent decree
to
effectuate the collection of the pledged tobacco settlement
receipts. The bond proceedings may provide or authorize the manner
for determining material impairment of the security for any
outstanding obligations, including by assessing and evaluating the
pledged receipts in the aggregate.
As further provided for in division (H) of this section, the
bond proceedings may also include such other covenants,
pledges,
and agreements by the state to protect and safeguard the
security
and rights of the holders and owners of the obligations,
and of
the providers of any credit enhancement facilities,
including,
without limiting the generality of the foregoing, any
covenant,
pledge, or agreement customary in transactions involving
the
issuance of securities the debt service on which is payable
from
or secured by amounts received under the tobacco master
settlement agreement. Notwithstanding any other provision of law,
any covenant, pledge, and agreement of the state, if and when made
in the bond proceedings, shall be controlling and binding upon,
and enforceable against the state in accordance with its terms for
so long as any obligations are outstanding under the applicable
bond proceedings. The bond proceedings may also include
limitations on the remedies available to the issuing authority,
the holders and owners of the obligations, and the providers of
any credit enhancement facilities, including, without limiting the
generality of the foregoing, a provision that those remedies may
be limited to injunctive relief in circumstances where there has
been no prior determination by a court of competent jurisdiction
that the state has not enforced Chapter 1346. of the Revised Code,
the tobacco master settlement agreement, or the consent decree as
may have been covenanted or agreed in the bond proceedings under
division (B)(5) of this section.
Nothing in this section or the bond proceedings shall
preclude or limit, or be construed to preclude or limit, the state
from regulating or authorizing or permitting the regulation of
smoking or from taxing and regulating the sale of cigarettes or
other tobacco products, or from defending or prosecuting cases or
other actions relating to the sale or use of cigarettes or other
tobacco products. Except as otherwise may be agreed in writing by
the attorney general, nothing in this section or the bond
proceedings shall modify or limit, or be construed to modify or
limit, the responsibility, power, judgment, and discretion of the
attorney general to protect and discharge the duties, rights, and
obligations of the state under the tobacco master settlement
agreement, the consent decree, or Chapter 1346. of the Revised
Code.
The governor and the director of budget and management, in
consultation with the attorney general, on behalf of the state,
and any member or officer of the issuing authority as authorized
by that issuing authority, on behalf of the issuing authority, may
take any action and execute any documents, including any purchase
and sale agreements, necessary to effect the assignment and sale
and the acceptance of the assignment and title to the receipts
including, providing irrevocable direction to the escrow agent
acting under the tobacco master settlement agreement to transfer
directly to the issuing authority the amounts to be received under
that agreement that are subject to such assignment and sale. Any
purchase and sale agreement or other bond proceedings may contain
the terms and conditions established by the state and the issuing
authority to carry out and effectuate the purposes of this
section, including, without limitation, covenants binding the
state in favor of the issuing authority and its assignees and the
owners of the obligations. Any such purchase and sale agreement
shall be sufficient to effectuate such purchase and sale without
regard to any other laws governing other property sales or
financial transactions by the state.
Not later than two years following the date on which there
are no longer any obligations outstanding under the bond
proceedings, all assets of the issuing authority shall vest in the
state, the issuing authority shall execute any necessary
assignments or instruments, including any assignment of any right,
title, or ownership to the state for receipt of amounts under the
tobacco master settlement agreement, and the issuing authority
shall be dissolved.
(C) The issuing authority is authorized to issue and to sell
obligations as provided in this section. The aggregate principal
amount of obligations issued under this section shall not exceed
six billion dollars, exclusive of obligations issued under
division (M)(1) of this section to refund, renew, or advance
refund other obligations issued or incurred. At least seventy-five
per cent of the aggregate net proceeds of the obligations issued
under the authority of this section, exclusive of obligations
issued to refund, renew, or advance refund other obligations,
shall be paid to the state for deposit into the school building
program assistance fund created in section 3318.25 of the Revised
Code.
(D) Each issue of obligations shall be authorized by
resolution or order of the issuing authority. The bond proceedings
shall provide for or authorize the manner for determining the
principal amount or maximum principal amount of obligations of an
issue, the principal maturity or maturities, the interest rate or
rates, the date of and the dates of payment of interest on the
obligations, their denominations, and the place or places of
payment of debt service which may be within or outside the state.
Unless otherwise provided by law, the latest principal maturity
may not be later than the earlier of the thirty-first day of
December of the fiftieth calendar year after the year of issuance
of the particular obligations or of the fiftieth calendar year
after the year in which the original obligation to pay was issued
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of
the Revised Code apply to the obligations.
The purpose of the obligations may be stated in the bond
proceedings in general terms, such as, as applicable, "paying
costs of capital facilities for a system of common schools" and
"paying costs of facilities for state-supported and state-assisted
institutions of higher education." Unless otherwise provided in
the bond proceedings or in division (C) of this section, the net
proceeds from the issuance of the obligations shall be paid to the
state for deposit into the applicable improvement fund. In
addition to the investments authorized in Chapter 135. of the
Revised Code, the net proceeds held in an improvement fund may be
invested by the treasurer of state in guaranteed investment
contracts with providers rated at the time of any investment in
the three highest rating categories by two nationally recognized
rating agencies, all subject to the terms and conditions set forth
in those agreements or the bond proceedings.
Notwithstanding
division (B)(4) of section 3318.38 of the Revised
Code, net
proceeds of obligations deposited into the school
building
program assistance fund created in section 3318.25 of the
Revised
Code may be used to pay basic project costs under section
3318.38
of the Revised Code at the times determined by the Ohio
school
facilities commission without regard to whether those
expenditures are in proportion to the state's and the school
district's respective shares of that basic project cost; provided
that this shall not result in any change in the state or school
district shares of the basic project costs provided under Chapter
3318. of the Revised Code. As used in the preceding sentence,
"Ohio school facilities commission" and "basic project costs" have
the same meanings as in section 3318.01 of the Revised Code.
(E) The issuing authority may, without need for any other
approval, appoint or provide for the appointment of paying agents,
bond registrars, securities depositories, credit enhancement
providers or counterparties, clearing corporations, and transfer
agents, and retain or contract for the services of underwriters,
investment bankers, financial advisers, accounting experts,
marketing, remarketing, indexing, and administrative agents, other
consultants, and independent contractors, including printing
services, as are necessary in the judgment of the issuing
authority to carry out the issuing authority's functions under
this section and section 183.52 of the Revised Code. The attorney
general as counsel to the issuing authority shall represent the
authority in the execution of its powers and duties, and shall
institute and prosecute all actions on its behalf. The issuing
authority, in consultation with the attorney general, shall select
counsel, and the attorney general shall appoint the counsel
selected, for the purposes of carrying out the functions under
this section and related sections of the Revised Code. Financing
costs are payable, as may be provided in the bond proceedings,
from the proceeds of the obligations, from special funds, or from
other moneys available for the purpose, including as to future
financing costs, from the pledged receipts.
(F) The issuing authority may irrevocably pledge and assign
all, or such portion as the issuing authority determines, of the
pledged receipts to the payment of the debt service charges on
obligations issued under this section, and for the establishment
and maintenance of any reserves, as provided in the bond
proceedings, and make other provisions in the bond proceedings
with respect to pledged receipts as authorized by this section,
which provisions are controlling notwithstanding any other
provisions of law pertaining to them. Any and all pledged receipts
received by the issuing authority and required by the bond
proceedings, consistent with this section, to be deposited,
transferred, or credited to the bond service fund, and all other
money transferred or allocated to or received for the purposes of
that fund, shall be deposited and credited to the bond service
fund created in the bond proceedings for the obligations, subject
to any applicable provisions of those bond proceedings, but
without necessity for any act of appropriation. Those pledged
receipts shall immediately be subject to the lien of that pledge
without any physical delivery thereof or further act, and shall
not be subject to other court judgments. The lien of the pledge of
those pledged receipts shall be valid and binding against all
parties having claims of any kind against the issuing authority,
irrespective of whether those parties have notice thereof. The
pledge shall create a perfected security interest for all purposes
of Chapter 1309. of the Revised Code and a perfected lien for
purposes of any other interest, all without the necessity for
separation or delivery of funds or for the filing or recording of
the applicable bond proceedings by which that pledge is created or
any certificate, statement, or other document with respect
thereto. The pledge of the pledged receipts shall be effective and
the money therefrom and thereof may be applied to the purposes for
which pledged.
(G) Obligations may be further secured, as determined by the
issuing authority, by an indenture or a trust agreement between
the issuing authority and a corporate trustee, which may be any
trust company or bank having a place of business within the state.
Any indenture or trust agreement may contain the resolution or
order authorizing the issuance of the obligations, any provisions
that may be contained in any bond proceedings, and other
provisions that are customary or appropriate in an agreement of
that type, including, but not limited to:
(1) Maintenance of each pledge, indenture, trust agreement,
or other instrument comprising part of the bond proceedings until
the issuing authority has fully paid or provided for the payment
of debt service on the obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions for:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority or of the holder or upon the
occurrence of certain conditions, and at a particular price or
prices and under particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of special funds, and the safeguarding of moneys on hand or on
deposit, in lieu of the applicability of provisions of Chapter
131. or 135. of the Revised Code, but subject to any special
provisions of this section with respect to the application of
particular funds or moneys. Any financial institution that acts as
a depository of any moneys in special funds or other funds under
the bond proceedings may furnish indemnifying bonds or pledge
securities as required by the issuing authority.
(4) Any or every provision of the bond proceedings being
binding upon the issuing authority and upon such governmental
agency or entity, officer, board, authority, agency, department,
institution, district, or other person or body as may from time to
time be authorized to take actions as may be necessary to perform
all or any part of the duty required by the provision;
(5) The maintenance of each pledge or instrument comprising
part of the bond proceedings until the issuing authority has fully
paid or provided for the payment of the debt service on the
obligations or met other stated conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or by any other agreement of the
issuing authority made as part of a contract under which the
obligations were issued or secured, including a credit enhancement
facility, the enforcement of those payments by mandamus, a suit in
equity, an action at law, or any combination of those remedial
actions;
(7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen
obligations;
(9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing or the activities of the issuing
authority in connection therewith.
The bond proceedings shall make provision for the payment of
the expenses of the enforcement activity of the attorney general
referred to in division (B) of this section from the amounts from
the tobacco master settlement agreement assigned and sold to the
issuing authority under that division or from the proceeds of
obligations, or a combination thereof, which may include provision
for both annual payments and a special fund providing reserve
amounts for the payment of those expenses.
The issuing authority shall not, and shall covenant in the
bond proceedings that it shall not, be authorized to and shall not
file a voluntary petition under the United States Bankruptcy Code,
11 U.S.C. 101 et seq., as amended, or voluntarily commence any
similar bankruptcy proceeding under state law including, without
limitation, consenting to the appointment of a receiver or trustee
or making a general or specific assignment for the benefit of
creditors, and neither any public officer or any organization,
entity, or other person shall authorize the issuing authority to
be or become a debtor under the United States Bankruptcy Code or
take any of those actions under the United States Bankruptcy Code
or state law. The state hereby covenants, and the issuing
authority shall covenant, with the holders or owners of the
obligations, that the state shall not permit the issuing authority
to file a voluntary petition under the United States Bankruptcy
Code or take any of those actions under the United States
Bankruptcy Code or state law during the period obligations are
outstanding and for any additional period for which the issuing
authority covenants in the bond proceedings, which additional
period may, but need not, be a period of three hundred sixty-seven
days or more.
(I) The obligations requiring execution by or for the issuing
authority shall be signed as provided in the bond proceedings, and
may bear the official seal of the issuing authority or a facsimile
thereof. Any obligation may be signed by the individual who, on
the date of execution, is the authorized signer even though, on
the date of the obligations, that individual is not an authorized
signer. In case the individual whose signature or facsimile
signature appears on any obligation ceases to be an authorized
signer before delivery of the obligation, that signature or
facsimile is nevertheless valid and sufficient for all purposes as
if that individual had remained the authorized signer until
delivery.
(J) Obligations are investment securities under Chapter 1308.
of the Revised Code. Obligations may be issued in bearer or in
registered form, registrable as to principal alone or as to both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(K) Obligations may be sold at public sale or at private
sale, in such manner, and at such price at, above, or below par,
all as determined by and provided by the issuing authority in the
bond proceedings.
(L) Except to the extent that rights are restricted by the
bond proceedings, any owner of obligations or provider of or
counterparty to a credit enhancement facility may by any suitable
form of legal proceedings protect and enforce any rights relating
to obligations or that facility under the laws of this state or
granted by the bond proceedings. Those rights include the right to
compel the performance of all applicable duties of the issuing
authority and the state. Each duty of the issuing authority and
that issuing authority's officers, staff, and employees, and of
each state entity or agency, or using district or using
institution, and its officers, members, staff, or employees,
undertaken pursuant to the bond proceedings, is hereby established
as a duty of the entity or individual having authority to perform
that duty, specifically enjoined by law and resulting from an
office, trust, or station within the meaning of section 2731.01 of
the Revised Code. The individuals who are from time to time
members of the issuing authority, or their designees acting
pursuant to section 183.52 of the Revised Code, or the issuing
authority's officers, staff, agents, or employees, when acting
within the scope of their employment or agency, shall not be
liable in their personal capacities on any obligations or
otherwise under the bond proceedings, or for otherwise exercising
or carrying out any purposes or powers of the issuing authority.
(M)(1) Subject to any applicable limitations in division (C)
of this section, the issuing authority may also authorize and
provide for the issuance of:
(a) Obligations in the form of bond anticipation notes, and
may authorize and provide for the renewal of those notes from time
to time by the issuance of new notes. The holders of notes or
appertaining interest coupons have the right to have debt service
on those notes paid solely from the moneys and special funds, and
all or any portion of the pledged receipts, that are or may be
pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority will do all things necessary for the
issuance of bonds or renewal notes in such principal amount and
upon such terms as may be necessary to provide moneys to pay when
due the debt service on the notes, and apply their proceeds to the
extent necessary, to make full and timely payment of debt service
on the notes as provided in the applicable bond proceedings. In
the bond proceedings authorizing the issuance of bond anticipation
notes the issuing authority shall set forth for the bonds
anticipated an estimated schedule of annual principal payments the
latest of which shall be no later than provided in division (D) of
this section. While the notes are outstanding there shall be
deposited, as shall be provided in the bond proceedings for those
notes, from the sources authorized for payment of debt service on
the bonds, amounts sufficient to pay the principal of the bonds
anticipated as set forth in that estimated schedule during the
time the notes are outstanding, which amounts shall be used solely
to pay the principal of those notes or of the bonds anticipated.
(b) Obligations for the refunding, including funding and
retirement, and advance refunding, with or without payment or
redemption prior to maturity, of any obligations previously issued
under this section and any bonds or notes previously issued for
the purpose of paying costs of capital facilities for: (i)
state-supported or state-assisted institutions of higher education
as authorized by sections 151.01 and 151.04 of the Revised Code,
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,
and (ii) housing branches and agencies of state government limited
to facilities for a system of common schools throughout the state
as authorized by sections 151.01 and 151.03 of the Revised Code,
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.
Refunding obligations may be issued in amounts sufficient to pay
or to provide for repayment of the principal amount, including
principal amounts maturing prior to the redemption of the
remaining prior obligations or bonds or notes, any redemption
premium, and interest accrued or to accrue to the maturity or
redemption date or dates, payable on the prior obligations or
bonds or notes, and related financing costs and any expenses
incurred or to be incurred in connection with that issuance and
refunding. Subject to the applicable bond proceedings, the portion
of the proceeds of the sale of refunding obligations issued under
division (M)(1)(b) of this section to be applied to debt service
on the prior obligations or bonds or notes shall be credited to an
appropriate separate account in the bond service fund and held in
trust for the purpose by the issuing authority or by a corporate
trustee, and may be invested as provided in the bond proceedings.
Obligations authorized under this division shall be considered to
be issued for those purposes for which the prior obligations or
bonds or notes were issued.
(2) The principal amount of refunding, advance refunding, or
renewal obligations issued pursuant to division (M) of this
section shall be in addition to the amount authorized in division
(C) of this section.
(N) Obligations are lawful investments for banks, savings and
loan associations, credit union share guaranty corporations, trust
companies, trustees, fiduciaries, insurance companies, including
domestic for life and domestic not for life, trustees or other
officers having charge of sinking and bond retirement or other
special funds of the state and political subdivisions and taxing
districts of this state, notwithstanding any other provisions of
the Revised Code or rules adopted pursuant to those provisions by
any state agency with respect to investments by them, and are also
acceptable as security for the repayment of the deposit of public
moneys. The exemptions from taxation in Ohio as provided for in
particular sections of the Ohio Constitution and section 5709.76
of the Revised Code apply to the obligations.
(O)(1) Unless otherwise provided or provided for in any
applicable bond proceedings, moneys to the credit of or in a
special fund shall be disbursed on the order of the issuing
authority. No such order is required for the payment, from the
bond service fund or other special fund, when due of debt service
or required payments under credit enhancement facilities.
(2) Payments received by the issuing authority under interest
rate hedges entered into as credit enhancement facilities under
this section shall be deposited as provided in the applicable bond
proceedings.
(P) The obligations shall not be general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them or to any guarantee of the payment of that debt service. The
holders or owners of the obligations shall have no right to have
any moneys obligated or pledged for the payment of debt service
except as provided in this section and in the applicable bond
proceedings. The rights of the holders and owners to payment of
debt service are limited to all or that portion of the pledged
receipts, and those special funds, pledged to the payment of debt
service pursuant to the bond proceedings in accordance with this
section, and each obligation shall bear on its face a statement to
that effect.
(Q) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(R) Subject to the bond proceedings pertaining to any
obligations then outstanding in accordance with their terms, the
issuing authority may in the bond proceedings pledge all, or such
portion as the issuing authority determines, of the moneys in the
bond service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service.
(S)(1) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the issuing authority only in one or more of
the following:
(a) Notes, bonds, or other direct obligations of the United
States or of any agency or instrumentality of the United States,
or in no-front-end-load money market mutual funds consisting
exclusively of those obligations, or in repurchase agreements,
including those issued by any fiduciary, secured by those
obligations, or in collective investment funds consisting
exclusively of those obligations;
(b) Obligations of this state or any political subdivision of
this state;
(c) Certificates of deposit of any national bank located in
this state and any bank, as defined in section 1101.01 of the
Revised Code, subject to inspection by the superintendent of
financial institutions;
(d) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code;
(e) Other investment agreements or repurchase agreements that
are consistent with the ratings on the obligations.
(2) The income from investments referred to in division
(S)(1) of this section shall be credited to special funds or
otherwise as the issuing authority determines in the bond
proceedings. Those investments may be sold or exchanged at times
as the issuing authority determines, provides for, or authorizes.
(T) The treasurer of state shall have responsibility for
keeping records, making reports, and making payments, relating to
any arbitrage rebate requirements under the applicable bond
proceedings.
(U) The issuing authority shall make quarterly reports to the
general assembly of the amounts in, and activities of, each
improvement fund, including amounts and activities on the subfund
level. Each report shall include a detailed description and
analysis of the amount of proceeds remaining in each fund from the
sale of obligations pursuant to this section, and any other
deposits, credits, interest earnings, disbursements, expenses,
transfers, or activities of each fund.
(V) The costs of the annual audit of the authority conducted
pursuant to section 117.112 of the Revised Code are payable, as
may be provided in the bond proceedings, from the proceeds of the
obligations, from special funds, or from other moneys available
for the purpose, including as to future financing costs, from the
pledged receipts.
Sec. 183.52. (A) There is hereby created a body, both
corporate and politic, constituting a public body, agency, and
instrumentality of this state and performing essential functions
of the state, to be known as the buckeye tobacco settlement
financing authority, which in that name may contract and be
contracted with, sue and be sued, and exercise all other authority
vested in that authority by this section and section 183.51 of the
Revised Code. The authority is created for the sole purpose of
purchasing and receiving any assignment of the tobacco settlement
receipts and issuing obligations, all as provided for in section
183.51 of the Revised Code, to provide financing of essential
functions and facilities. The property of the authority and its
income and operations shall be exempt from taxation involving the
state or by the state and any political subdivision of the state.
All income of the authority, after the payment of necessary
expenses, shall accrue to the state.
(B) The authority shall consist of, in each case ex officio,
the governor, the director of budget and management, and the
treasurer of state.
The governor shall serve as the chair of the
authority, the
director of budget and management shall serve as
its secretary,
and the authority shall have such other officers
as it determines,
who may but need not be members of the
authority. Two members of
the authority constitute a quorum and
the affirmative vote of two
members is necessary for any action
taken by vote of the
authority. No vacancy in the membership of
the authority shall
impair the rights of a quorum by such vote to
exercise all the
rights and perform all the duties of the
authority. Each of the
members above identified may designate an
employee or officer of
their office to attend meetings of the
authority when that member
is absent or unable for any reason to
attend and that designee,
when present, shall be counted in
determining whether a quorum is
present at any meeting and may
vote and participate in all
proceedings and actions of the
authority. A designee may not
execute or cause a facsimile
signature to be placed on any
obligation. That designation shall
be in writing, executed by the
designating member, and be filed
with the secretary of the
authority. A designation may be changed
from time to time by a
similar written designation. The authority
may delegate to such of
its members, officers, employees, or
staff as it determines those
powers and duties as it deems
appropriate. No member of the
authority or designee shall, by
reason of being or serving as a
member of the authority, be
required to abstain from action in any
other capacity as an
incumbent of a state office or position or
from any action as a
member of the authority in any matter
affecting or in any way
pertaining to both that office or position
and the authority, or
for any purpose be deemed to be disqualified
from either such
office or position or as a member of the
authority by reason of
so acting or to have violated any law by
reason thereof. The
authority may adopt and alter bylaws and rules
for the conduct of
its affairs, including provisions for meetings,
and for the
manner in which its powers and functions are to be
exercised and
embodied, and may adopt and alter at will an
official seal to be
affixed to official documents, provided that
the failure to affix
any such seal shall not affect the legality
of such documents.
Members of the authority shall receive no added
compensation for
their services as such members but may be
reimbursed, as
determined by the authority, for their necessary
and actual
expenses incurred in the conduct of the authority's
business. The
office of budget and management shall provide staff
support to
the authority.
Notwithstanding the existence of common management, the
authority shall be treated and accounted for as a separate and
independent legal entity with its separate purposes as set forth
in this section and section 183.51 of the Revised Code. The
assets, liabilities, and funds of the authority shall not be
consolidated or commingled with those of the state, and contracts
entered into by the authority shall be entered into in the name of
the authority and not in the name of the state.
The authority shall prepare annually an operating and
financial statement covering the authority's operations for the
preceding fiscal year.
(C) In connection with the exercise of its powers pursuant to
this section and section 183.51 of the Revised Code, the authority
may enter into contracts and execute all instruments necessary or
incidental to the performance of the issuing authority's duties
and the execution of the issuing authority's powers and do all
other acts necessary or proper to the fulfillment of the issuing
authority's purposes and to carry out the powers expressly granted
in this section and section 183.51 of the Revised Code. The
authority is subject to sections 121.22 and 149.43 of the Revised
Code.
(D) Unless otherwise provided in Article IV of the Ohio
Constitution, any action, suit, or special proceeding brought
against the issuing authority or the state concerning or relating
to the bond proceedings, section 183.51 of the Revised Code, or
this section, shall be filed and determined in the court of claims
under Chapter 2743. of the Revised Code. Any special proceeding
brought against the issuing authority or the state in which the
court of appeals has original jurisdiction shall be filed and
determined in the court of appeals of Franklin county. Any such
action or proceeding to which the issuing authority or the state
is a party shall be preferred over all other civil causes of
action or cases, except election causes of action or cases,
irrespective of position on the calendar.
Sec. 305.31. The procedure for submitting to a referendum a
resolution adopted by a board of county commissioners under
division (H) of section 307.695 of the Revised Code that is not
submitted to the electors of the county for their approval or
disapproval;
any resolution adopted by a board of county
commissioners
pursuant
to division (D)(1) of section 307.697,
section
322.02, 322.06,
or
324.02,
sections 1515.22 and 1515.24,
division (B)(1) of section
4301.421, section
4504.02, 5739.021, or
5739.026,
division (A)(6) of section 5739.09, section 5741.021,
or
5741.023, or division (C)(1) of section
5743.024 of the Revised
Code; or a rule adopted pursuant to section 307.79
of the Revised
Code shall be as prescribed by this
section.
Except as otherwise provided in this paragraph, when a
petition, signed by ten per cent of the number of
electors who
voted for governor at the most recent general
election for the
office of governor in the county, is filed with
the county auditor
within thirty days after the date
the
resolution is passed or
rule
is adopted by the board of county
commissioners, or is filed
within forty-five days after the
resolution is passed, in the case
of a resolution adopted
pursuant to section 5739.021 of the
Revised Code that is passed
within one year after a resolution
adopted pursuant to that
section has been rejected or repealed by
the electors, requesting
that
the resolution be submitted to
the
electors of
the county
for their approval or rejection,
the
county
auditor shall, after
ten days following the filing
of the
petition, and not later than
four p.m. of the seventy-fifth
day
before the day of election,
transmit a certified copy of the
text
of the resolution or rule
to the board of elections. In the
case
of a petition requesting that a
resolution adopted under
division
(D)(1) of section 307.697, division
(B)(1) of section
4301.421, or
division (C)(1) of section
5743.024
of the Revised
Code be
submitted to electors for their approval or rejection,
the
petition
shall be signed by seven per cent of the number of
electors who voted for
governor at the most recent election for
the office of
governor in the
county. The county auditor shall
transmit the
petition to the board together with the certified
copy of the
resolution or rule. The board shall examine all
signatures on
the petition to determine the number of electors of
the county
who signed the petition. The board shall return the
petition to
the auditor within ten days after receiving it,
together with a
statement attesting to the number of such electors
who signed the
petition. The board shall submit the resolution or
rule to the
electors of the county, for their approval or
rejection, at the
succeeding general election held in the county
in any year,
or on the day of the succeeding primary election held
in the
county in even-numbered years, occurring subsequent to
seventy-five days after the auditor certifies the sufficiency and
validity of the petition to the board of elections.
No resolution shall go into effect until approved by the
majority of those voting upon it. However, a rule shall take
effect and remain in effect unless and until a majority of the
electors voting on the question of repeal approve the repeal.
Sections 305.31 to 305.41 of the Revised Code do not prevent a
county, after the passage of any resolution or adoption of any
rule, from proceeding at once to give any notice or make any
publication required by the resolution or rule.
The board of county commissioners shall make available to
any
person, upon request, a certified copy of any resolution or
rule
subject to the procedure for submitting a referendum under
sections 305.31 to 305.42 of the Revised Code beginning on the
date the resolution or rule is adopted by the board. The board
may
charge a fee for the cost of copying the resolution or rule.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original resolution or rule.
Sec. 307.672. (A) As used in this section:
(1)
"Bonds" means general obligation bonds, or notes in
anticipation thereof, of the county described in division
(B)(1)(b) of this section, and general obligation bonds, or notes
in anticipation thereof, of the host municipal corporation
described in division (B)(2)(a) of this section.
(2)
"Corporation" means a nonprofit corporation that is
organized under the laws of this state and that includes within
the purposes for which it is incorporated the authorization to
lease and operate facilities such as a municipal educational and
cultural facility.
(3)
"Debt service charges" means, for any period or
payable
at any time, the principal of and interest and any
premium due on
bonds for that period or payable at that time
whether due at
maturity or upon mandatory redemption, together
with any required
deposits to reserves for the payment of
principal of and interest
on such bonds.
(4)
"Host municipal corporation" means the municipal
corporation within the boundaries of which a municipal
educational
and cultural facility is or will be located.
(5)
"Municipal educational and cultural facility" means a
facility that may consist of a museum, archives, library, hall of
fame, center for contemporary music, or other facilities
necessary
to provide programs of an educational, recreational,
and cultural
nature, together with all parking facilities,
walkways, and other
auxiliary facilities, real and personal
property, property rights,
easements, and interests that may be
appropriate for, or used in
connection with, the operation of the
facility.
(B) The legislative authorities of a county and a host
municipal corporation may enter into a cooperative agreement with
a corporation, under which:
(1) The legislative authority of the county agrees to:
(a) Levy a tax under division (E) of section
5739.09 of
the
Revised Code, for a period not to exceed fifteen
years unless
extended under that division for an additional period of time, to
pay
the
costs of acquiring, constructing, equipping, and
improving
a
municipal educational and cultural facility, including
the debt
service charges on bonds;
(b) Issue bonds of the county pursuant to Chapter 133. of
the
Revised Code for the purpose of acquiring, constructing,
equipping, and improving a municipal educational and cultural
facility;
(c) Contribute revenue from the tax and the proceeds from
the
bonds described in divisions (B)(1)(a) and (b) of this
section
to
the host municipal corporation for the purpose of
acquiring,
constructing, equipping, and improving a municipal
educational and
cultural facility;
(2) The host municipal corporation agrees to:
(a) Issue bonds of the host municipal corporation pursuant
to
Chapter 133. of the Revised Code for the purpose of acquiring,
constructing, equipping, and improving a municipal educational
and
cultural facility;
(b) Acquire, construct, equip, and improve a municipal
educational and cultural facility;
(c) Accept from the county pursuant to the cooperative
agreement the revenues of the tax and the proceeds of the bonds
described in divisions (B)(1)(a) and (b) of this section;
(d) Lease a municipal educational and cultural facility to
the corporation, or contract with the corporation for the
operation and maintenance of the facility;
(e) To the extent provided for in the cooperative
agreement
or the lease or contract with the corporation,
authorize the
corporation to administer on behalf of the host
municipal
corporation the contracts for acquiring, constructing,
equipping,
and improving a municipal educational and cultural
facility.
(3) The corporation agrees to:
(a) Either lease the municipal educational and cultural
facility from the host municipal corporation and operate and
maintain the facility pursuant to the lease, or enter into a
contract with the host municipal corporation pursuant to which
the
corporation shall operate and maintain the facility on behalf
of
the host municipal corporation;
(b) To the extent provided for in the cooperative
agreement
or the lease or contract with the host municipal
corporation,
administer on behalf of the host municipal
corporation the
contracts for acquiring, constructing, equipping,
or improving a
municipal educational and cultural facility.
(C) A tax levied pursuant to division (E) of section
5739.09
of the Revised Code, the revenue from which is to
be
used
to pay
debt service charges on bonds described in division
(B)(1)
or (2)
of this section is not subject to diminution by
initiative
or
referendum or diminution by statute, unless
provision is made
therein for an adequate substitute therefor
reasonably
satisfactory to the legislative authorities of the
host
municipal
corporation and the county.
(D) The legislative authorities of a county and a host
municipal
corporation that have entered into a cooperative
agreement with a corporation
pursuant to division (B) of this
section may amend that cooperative
agreement, with the
participation of the corporation and a port authority as
defined
in section
307.674 of the Revised Code, to provide also for a port
authority educational and cultural
performing arts facility in
accordance with section 307.674 of the Revised Code. Such an
amendment shall become effective only to the extent that the tax
levied under
division (E) of section
5739.09 of the
Revised Code
is not needed for the duration
of the original tax to
pay costs of
the municipal educational and cultural
facility,
including debt
service charges on related bonds, as determined by
the parties to
the amendment. The tax may be pledged and paid by
the parties
to
the amendment for the balance of the duration of
the tax to a port
authority educational and cultural performing
arts facility.
Sec. 307.695. (A) As used in this section:
(1) "Arena" means any structure designed and constructed for
the purpose of providing a venue for public entertainment and
recreation by the presentation of concerts, sporting and athletic
events, and other events and exhibitions, including facilities
intended to house or provide a site for one or more athletic or
sports teams or activities, spectator facilities, parking
facilities, walkways, and auxiliary facilities, real and personal
property, property rights, easements, leasehold estates, and
interests that may be appropriate for, or used in connection with,
the operation of the arena.
(2) "Convention
center" means any structure expressly
designed and constructed
for
the purposes of presenting
conventions, public meetings, and
exhibitions and includes parking
facilities that serve the center
and any personal property used in
connection with any such
structure or facilities.
(3) "Eligible county" means a county having a population of
at least four hundred thousand but not more than eight hundred
thousand according to the 2000 federal decennial census and that
directly borders the geographic boundaries of another state.
(4)
"Entity" means a nonprofit corporation, a municipal
corporation, a port authority created under Chapter 4582. of the
Revised Code, or a convention facilities authority created under
Chapter 351. of the Revised Code.
(5) "Lodging taxes" means excise taxes levied under division
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and
the revenues arising therefrom.
(6) "Nonprofit corporation" means a nonprofit corporation
that is organized under the laws of this state and that includes
within the purposes for which it is incorporated the authorization
to lease and operate facilities such as a convention center or an
arena or a combination of an arena and convention center.
(7) "Project" means acquiring, constructing, reconstructing,
renovating, rehabilitating, expanding, adding to, equipping,
furnishing or otherwise improving an arena, a convention center,
or a combination of an arena and convention center. For purposes
of this section, a project is a permanent improvement for one
purpose under Chapter 133. of the Revised Code.
(8) "Project revenues" means money received by an eligible a
county with a population greater than four hundred thousand
wherein the population of the largest city comprises more than
one-third of that county's population, other than money from taxes
or
from the proceeds of securities secured by taxes, in
connection
with, derived from, related to, or resulting from a
project,
including, but not limited to, rentals and other
payments received
under a lease or agreement with respect to the
project, ticket
charges or surcharges for admission to events at
a project,
charges or surcharges for parking for events at a
project, charges
for the use of a project or any portion of a
project, including
suites and seating rights, the sale of naming
rights for the
project or a portion of the project, unexpended
proceeds of any
county revenue bonds issued for the project, and
any income and
profit from the investment of the proceeds of any
such revenue
bonds or any project revenues.
(9) "Chapter 133. securities," "debt charges," "general
obligation," "legislation," "one purpose," "outstanding,"
"permanent improvement," "person," and "securities" have the
meanings given to those terms in section 133.01 of the Revised
Code.
(B) A board of county commissioners may enter into an
agreement with a convention and visitors' bureau operating in the
county under which:
(1) The bureau agrees to construct and equip a convention
center in the county and to pledge and contribute from the tax
revenues received by it under division (A) of section
5739.09 of
the Revised Code, not more than such portion thereof that it is
authorized to pledge and contribute for the purpose
described in
division (C) of this section; and
(2) The board agrees to levy a tax under division (C) of
section
5739.09 of the Revised Code and pledge and
contribute
the
revenues therefrom for the purpose described in
division (C)
of
this section.
(C) The purpose of the pledges and contributions described
in
divisions (B)(1) and (2) of this section is payment of
principal,
interest, and premium, if any, on bonds and notes
issued by or for
the benefit of the bureau to finance the
construction and
equipping of a convention center. The pledges
and contributions
provided for in the agreement shall be for the
period stated in
the agreement.
Revenues determined from time to time by the board
to be needed
to
cover the real and actual costs of administering
the tax
imposed
by division (C) of section
5739.09 of the Revised
Code
may not be
pledged or contributed. The agreement shall
provide
that any such
bonds and notes shall be secured by a trust
agreement between the
bureau or other issuer acting for the
benefit of the bureau and a
corporate trustee that is a trust
company or bank having the
powers of a trust company within or
without the state, and the
trust agreement shall pledge or assign
to the retirement of the
bonds or notes, all moneys paid by the
county under this section.
A tax the revenues from which are
pledged under an agreement
entered into by a board of county
commissioners under this section
shall not be subject to
diminution by initiative or referendum, or
diminution by statute,
unless provision is made therein for an
adequate substitute
therefor reasonably satisfactory to the
trustee under the trust
agreement that secures the bonds and
notes.
(D) A pledge of money by a county under division (B) of this
section shall
not be indebtedness of the county for purposes of
Chapter 133. of
the Revised Code.
(E) If the terms of the agreement so provide, the board of
county commissioners may acquire and lease real property to the
convention bureau as the site of the convention center. The
lease
shall be
on
such terms as are set forth in the agreement. The
purchase
and
lease are not subject to the limitations of sections
307.02
and
307.09 of the Revised Code.
(F) In addition to the authority granted to a board of county
commissioners under divisions (B) to (E) of this section, a board
of county commissioners in a county with a population of one
million two hundred thousand or more may establish and provide
local funding options for constructing and equipping, or a county
with a population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population, may purchase, for cash or by installment
payments, enter into lease-purchase agreements for, lease with an
option to purchase, lease, construct, enlarge, improve, rebuild,
equip, or furnish a convention center.
(G) The board of county commissioners of an eligible a county
with a population greater than four hundred thousand
wherein the
population of the largest city comprises more than one-third of
that county's population may undertake, finance, operate, and
maintain a project. The board may lease a project to an entity on
terms that the board determines to be in the best interest of the
county and in furtherance of the public purpose of the project;
the lease may be for a term of thirty-five years or less and may
provide for an option of the entity to renew the lease for a term
of thirty-five years or less. The board may enter into an
agreement with an entity with respect to a project on terms that
the board determines to be in the best interest of the county and
in furtherance of the public purpose of the project. To the extent
provided for in an agreement or a lease with an entity, the board
may authorize the entity to administer on behalf of the board any
contracts for the project. The board may enter into an agreement
providing for the sale to a person of naming rights to a project
or portion of a project, for a period, for consideration, and on
other terms and conditions that the board determines to be in the
best interest of the county and in furtherance of the public
purpose of the project. The board may enter into an agreement with
a person owning or operating a professional athletic or sports
team providing for the use by that person of a project or portion
of a project for that team's offices, training, practices, and
home games for a period, for consideration, and on other terms and
conditions that the board determines to be in the best interest of
the county and in furtherance of the public purpose of the
project. The board may establish ticket charges or surcharges for
admission to events at a project, charges or surcharges for
parking for events at a project, and charges for the use of a
project or any portion of a project, including suites and seating
rights, and may, as necessary, enter into agreements related
thereto with persons for a period, for consideration, and on other
terms and conditions that the board determines to be in the best
interest of the county and in furtherance of the public purpose of
the project. A lease or agreement authorized by this division is
not subject to sections 307.02, 307.09, and 307.12 of the Revised
Code.
(H) Notwithstanding any contrary provision in Chapter 5739.
of the Revised Code, after adopting a resolution declaring it to
be in the best interest of the county to undertake a project as
described in division (G) of this section, the board of county
commissioners of an eligible county may adopt a resolution
enacting or increasing any lodging taxes within the limits
specified in Chapter 5739. of the Revised Code with respect to
those lodging taxes and amending any prior resolution under which
any of its lodging taxes have been imposed in order to provide
that those taxes, after deducting the real and actual costs of
administering the taxes and any portion of the taxes returned to
any municipal corporation or township as provided in division
(A)(1) of section 5739.09 of the Revised Code, shall be used by
the board for the purposes of undertaking, financing, operating,
and maintaining the project, including paying debt charges on any
securities issued by the board under division (I) of this section,
or to make contributions to the convention and visitors' bureau
operating within the county, or to promote, advertise, and market
the region in which the county is located, all as the board may
determine and make appropriations for from time to time, subject
to the terms of any pledge to the payment of debt charges on
outstanding general obligation securities or special obligation
securities authorized under division (I) of this section. A
resolution adopted under division (H) of this section shall be
adopted not earlier than January 15, 2007, and not later than
January 15, 2008.
A resolution adopted under division (H) of this section may
direct the board of elections to submit the question of enacting
or increasing lodging taxes, as the case may be, to the electors
of the county at a special election held on the date specified by
the board in the resolution, provided that the election occurs not
less than seventy-five days after a certified copy of the
resolution is transmitted to the board of elections and no later
than January 15, 2008. A resolution submitted to the electors
under this division shall not go into effect unless it is approved
by a majority of those voting upon it. A resolution adopted under
division (H) of this section that is not submitted to the electors
of the county for their approval or disapproval is subject to a
referendum as provided in sections 305.31 to 305.41 of the Revised
Code.
A resolution adopted under division (H) of this section takes
effect upon its adoption, unless the resolution is submitted to
the electors of the county for their approval or disapproval, in
which case the resolution takes effect on the date the board of
county commissioners receives notification from the board of
elections of the affirmative vote. Lodging taxes received after
the effective date of the resolution may be used for the purposes
described in division (H) of this section, except that lodging
taxes that have been pledged to the payment of debt charges on any
bonds or notes issued by or for the benefit of a convention and
visitors' bureau under division (C) of this section shall be used
exclusively for that purpose until such time as the bonds or notes
are no longer outstanding under the trust agreement securing those
bonds or notes.
(I)(1) The board of county commissioners of an eligible a
county with a population greater than four hundred thousand
wherein the population of the largest city comprises more than
one-third of that county's population may issue the following
securities
of the county for the purpose of paying costs of the
project,
refunding any outstanding county securities issued for
that
purpose, refunding any outstanding bonds or notes issued by
or for
the benefit of the bureau under division (C) of this
section, or
for any combination of those purposes:
(a) General obligation securities issued under Chapter 133.
of the Revised Code. The resolution authorizing these securities
may include covenants to appropriate annually from lawfully
available lodging taxes, and to continue to levy and collect those
lodging taxes in, amounts necessary to meet the debt charges on
those securities.
(b) Special obligation securities issued under Chapter 133.
of the Revised Code that are secured only by lawfully available
lodging taxes and any other taxes and revenues pledged to pay the
debt charges on those securities, except ad valorem property
taxes. The resolution authorizing those securities shall include a
pledge of and covenants to appropriate annually from lawfully
available lodging taxes and any other taxes and revenues pledged
for such purpose, and to continue to collect any of those revenues
pledged for such purpose and to levy and collect those lodging
taxes and any other taxes pledged for such purpose, in amounts
necessary to meet the debt charges on those securities. The pledge
is valid and binding from the time the pledge is made, and the
lodging taxes so pledged and thereafter received by the county are
immediately subject to the lien of the pledge without any physical
delivery of the lodging taxes or further act. The lien of any
pledge is valid and binding as against all parties having claims
of any kind in tort, contract, or otherwise against the county,
regardless of whether such parties have notice of the lien.
Neither the resolution nor any trust agreement by which a pledge
is created or further evidenced is required to be filed or
recorded except in the records of the board. The special
obligation securities shall contain a statement on their face to
the effect that they are not general obligation securities, and,
unless paid from other sources, are payable from the pledged
lodging taxes.
(c) Revenue securities authorized under section 133.08 of the
Revised Code and
issued under Chapter 133. of the Revised Code
that are secured only by lawfully available project revenues
pledged to pay the debt charges on those
securities.
(2) The securities described in division (I)(1) of this
section are subject to Chapter 133. of the Revised Code.
(3) Section 133.34 of the Revised Code, except for division
(A) of that section, applies to the issuance of any
refunding
securities authorized under this division. In lieu of division (A)
of section 133.34 of the Revised Code, the board of county
commissioners shall establish the maturity date or dates, the
interest payable on, and other terms of refunding securities as it
considers necessary or appropriate for their issuance, provided
that the final maturity of refunding securities shall not exceed
by more than ten years the final maturity of any bonds refunded by
refunding securities.
(4) The board may not repeal, rescind, or reduce all or any
portion of any lodging taxes pledged to the payment of debt
charges on any outstanding special obligation securities
authorized under this division, and no portion of any lodging
taxes that is pledged, or that the board has covenanted to levy,
collect, and appropriate annually to pay debt charges on any
outstanding securities authorized under this division is subject
to repeal, rescission, or reduction by the electorate of the
county.
Sec. 307.98. Boards As used in this section, "county
grantee" has the same meaning as in section 5101.21 of the Revised
Code.
Each board of county
commissioners may and each other county
grantee of the county shall jointly enter into one or more written
fiscal grant agreements with the
director of job and family
services in accordance with
section 5101.21 of the Revised
Code.
If a board enters into a fiscal agreement, the The board of county
commissioners shall enter into the agreement on behalf of the
county family services agencies, other than a county family
services agency that is a county signer as defined in section
5101.21 of the Revised Code grantee.
Sec. 307.981. (A)(1) As
used in the
Revised Code:
(a) "County family services
agency" means all of the
following:
(i) A child support enforcement agency;
(ii) A county department of job and
family services;
(iii) A public children services agency.
(b) "Family services duty"
means a duty state law requires
or
allows a county family services agency to
assume, including
financial and general administrative duties. "Family services
duty" does not include a duty funded by the United States
department of labor.
(2) As used in sections
307.981 to 307.989 of the Revised
Code, "private entity"
means an entity other than a government
entity.
(B) To the extent permitted by federal law, including, when
applicable, subpart
F of 5 C.F.R. part 900, and
subject to any
limitations established by the Revised
Code, including division
(H) of this section,
a board of
county commissioners may designate
any private or government
entity within this state to serve as any
of the following:
(1) A child support enforcement agency;
(2) A county
department of job and family services;
(3) A public children services agency;
(4) A county department of job and family services and one
other of
those county family services
agencies;
(5) All three of
those county family services agencies.
(C) To the extent permitted by federal law, including, when
applicable, subpart F of 5 C.F.R. part 900, and subject to any
limitations of the Revised Code, including division (H) of this
section, a board of county commissioners may change
the
designation it makes under division (B) of this section by
designating another private or government entity.
(D) If a
designation under division (B) or (C) of this
section
constitutes
a change from the designation in a fiscal
grant agreement between
the director of job and family services
and the board under sections 307.98 and 5101.21 of the Revised
Code, the director may
require that the director and board amend
the fiscal grant agreement and that
the board provide the director
written assurances that the
newly designated private or government
entity will meet or exceed
all requirements of the family services
duties the entity is to assume.
(E) Not
less than sixty days before a board of county
commissioners designates
an entity
under division (B) or (C) of
this section, the board
shall notify the director
of job and
family services and publish notice in a
newspaper of general
circulation in the county of the board's intention to make the
designation and reasons for the designation.
(F) A board of county commissioners shall enter into a
written
contract with each entity it designates under division (B)
or
(C) of this section
specifying the entity's responsibilities
and standards the
entity is required to meet.
(G) This section does not require a board of county
commissioners to abolish the child support enforcement agency,
county department of job and family services, or public
children
services
agency serving the county on
October 1, 1997, and
designate a different private or
government entity to serve
as the
county's child support enforcement agency, county
department of
job and family services, or public children
services
agency.
(H) If a county children
services board appointed under
section 5153.03 of the
Revised
Code serves as a public
children
services agency for a county, the board of county
commissioners
may not redesignate the public children services
agency unless the
board of county commissioners does all of the
following:
(1) Notifies the county children services board of its
intent
to redesignate the public children services agency. In its
notification, the board of county commissioners shall provide the
county
children services board a written explanation of the
administrative, fiscal,
or performance considerations causing the
board of county commissioners to
seek to redesignate the public
children services agency.
(2) Provides the county children services board an
opportunity to
comment on the proposed redesignation before the
redesignation
occurs;
(3) If the county children services board, not more than
sixty days after receiving the notice under division
(H)(1) of
this section,
notifies the board of county commissioners that the
county
children services board has voted to oppose the
redesignation,
votes unanimously to proceed with the
redesignation.
Sec. 308.04. Within sixty days after a regional airport
authority has been
created under section 308.03 of the Revised
Code, the board of trustees for
such regional airport authority
shall be appointed as provided in the
resolution creating it.
Each member of the board of trustees, before entering upon
his the
member's official
duties, shall take and subscribe to an
oath or affirmation that he
the member will
honestly, faithfully,
and impartially perform the duties of his office,
and
that he the
member will not be interested directly or indirectly
in any
contract let by
the regional airport authority. Any contract let
by the regional airport authority in which a member of the board
of trustees is directly or indirectly interested is void and
unenforceable.
After each member of the board has taken the oath as
prescribed by this
section the board shall meet and organize by
electing one of its members as
president and another as
vice-president, who shall hold their respective
offices until the
next annual meeting of the board as provided in its bylaws.
At
each annual meeting thereafter the board shall elect from its
membership a
president and a vice-president who shall serve for a
term of one year.
The board shall appoint and fix the compensation of a
secretary-treasurer, who
shall not be a member of the board and
who shall serve at the pleasure of the
board.
Sec. 317.08. (A) Except as provided in
divisions
(C) and (D)
of this
section, the county recorder shall keep
six
separate sets
of
records as follows:
(1) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the
Revised Code;
affidavits as provided
in sections 5301.252 and 5301.56 of
the
Revised
Code; all certificates as provided
in section
5311.17 of
the
Revised Code; all articles dedicating
archaeological preserves
accepted by the director of the Ohio
historical society under
section 149.52 of the Revised Code; all
articles dedicating nature
preserves accepted by the director of
natural resources under
section 1517.05 of the Revised Code; all
agreements for the
registration of lands as archaeological or
historic landmarks
under section 149.51 or 149.55 of the Revised
Code; all
conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments
extinguishing agricultural
easements under section
901.21 or
5301.691 of the Revised Code or pursuant to
terms of
such an
easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(2)(b) of section 5301.56 of the
Revised Code;
all
no further action letters issued under section
122.654 or
3746.11
of the
Revised Code;
all covenants not to sue
issued under
section
3746.12 of the
Revised Code, including all
covenants
not
to sue
issued pursuant to section 122.654 of the
Revised Code;
any
restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code,
any restrictions on the use of
property
identified
pursuant to
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any
restrictions on the use of property contained in a deed or other
instrument as provided in division (E) or (F) of section 3737.882
of the Revised Code; any easement executed or granted under
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;
any environmental covenant entered into in accordance with
sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of
trust, as
described in division (A)
of
section
5301.255 of the
Revised
Code, that describe specific
real
property; and all
agreements
entered into under division (A)
of
section 1521.26
1506.44 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all
of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
of it, that is presented for
filing
of
record.
(3) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property;
(4) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings
and amendments to drawings, as provided in
Chapter 5311. of the Revised
Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep,
and record in one volume unemployment compensation liens,
internal
revenue tax liens and other liens in favor of the United
States as
described in division (A) of section 317.09 of the
Revised Code,
personal tax liens, mechanic's liens, agricultural
product liens,
notices of liens, certificates of satisfaction or
partial release
of estate tax liens, discharges of recognizances,
excise and
franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.022, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option.
(C) In lieu of keeping the six separate
sets of records
required in divisions (A)(1) to
(6) of this section and the
records
required in division
(D) of this section, a county
recorder may
record all the instruments required to be recorded by
this
section
in two separate sets of record books. One set shall
be
called the
"official records" and shall contain the instruments
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this
section. The
second set of records shall
contain the instruments
listed in
division
(A)(4) of this
section.
(D) Except as provided in division
(C)
of this
section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices
filed with the
recorder pursuant to section 2933.75 of
the Revised
Code.
Sec. 319.202. Before the county auditor indorses any real
property conveyance or manufactured or mobile home conveyance
presented
to the auditor pursuant to section 319.20
of the Revised
Code or registers any manufactured or mobile home conveyance
pursuant to section 4503.061 of the
Revised Code, the grantee or
the grantee's
representative shall submit in triplicate a
statement, prescribed by the tax
commissioner, and other
information as the county auditor may
require, declaring the value
of real property or manufactured or mobile
home conveyed, except
that when the transfer is exempt under division (F)(G)(3) of
section
319.54 of the Revised Code only a statement of the reason
for the
exemption shall be required. Each statement submitted
under this
section shall contain the information required under
divisions
(A) and (B) of this section.
(A) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's
representative
whether to the best of the grantor's knowledge either the
preceding or the
current year's taxes on the real property or the
current or following
year's taxes on the manufactured or mobile
home conveyed will be
reduced under division (A) of section
323.152 or under section
4503.065 of the Revised Code
and that the
grantor indicated that to the best of the
grantor's knowledge the
taxes will not be so reduced; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property
or the manufactured or mobile home that is the subject of the
conveyance is eligible for
and will receive a reduction in taxes
for or payable in the
current year under division (A) of section
323.152 or under section
4503.065 of the Revised
Code and that the
reduction or reductions will be reflected in
the grantee's taxes;
(b) The estimated amount of such reductions that will be
reflected in the grantee's taxes;
(c) That the grantor and the grantee have considered and
accounted for the total estimated amount of such reductions to
the
satisfaction of both the grantee and the grantor. The
auditor
shall indorse the instrument, return it to the grantee or
the
grantee's representative, and provide a copy of the
indorsed
instrument
to the grantor or the grantor's representative.
(B) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's
representative
whether to the best of the grantor's knowledge the real
property
conveyed
qualified for the current agricultural use valuation
under
section 5713.30 of the Revised Code either for the preceding
or
the current year and that the grantor indicated that to the
best
of the grantor's knowledge the property conveyed was not so
qualified; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property
conveyed was qualified for the current agricultural use
valuation
under section 5713.30 of the Revised Code either for
the preceding
or the current year;
(b) To the extent that the property will not continue to
qualify for the current agricultural use valuation either for the
current or the succeeding year, that the property will be subject
to a recoupment charge equal to the tax savings in accordance
with
section 5713.34 of the Revised Code;
(c) That the grantor and the grantee have considered and
accounted for the total estimated amount of such recoupment, if
any, to the satisfaction of both the grantee and the grantor.
The
auditor shall indorse the instrument, forward it to the
grantee or
the grantee's representative, and provide a copy
of the indorsed
instrument to the grantor or the grantor's representative.
(C) The grantor shall pay the fee required by division
(F)(G)(3) of section 319.54 of the Revised Code; and, in the event
the board of county commissioners of the county has levied a real
property or a manufactured home transfer tax pursuant to Chapter
322.
of the Revised
Code, the amount required by the real property
or manufactured home
transfer tax so levied. If the conveyance is
exempt from the fee provided
for in division (F)(G)(3) of section
319.54 of the Revised Code and the
tax, if any, levied pursuant to
Chapter 322. of the Revised Code,
the reason for such exemption
shall be shown on the
statement. "Value" means, in the case of any
deed or
certificate of title not a gift in whole or part,
the
amount of the full consideration therefor, paid or to be paid
for
the real estate or manufactured or mobile home described in the
deed or title,
including the amount
of any mortgage or vendor's
lien thereon. If property sold under
a land installment contract
is conveyed by the seller under such
contract to a third party and
the contract has been of record at
least twelve months prior to
the date of conveyance, "value"
means the unpaid balance owed to
the seller under the contract at the
time of the conveyance, but
the statement shall set forth the
amount paid under such contract
prior to the date of conveyance.
In the case of a gift in whole
or part, "value" means the estimated
price the real estate or
manufactured or mobile home described in the
deed or certificate
of title would bring in the
open market and under the then
existing and prevailing market
conditions in a sale between a
willing seller and a willing
buyer, both conversant with the
property and with prevailing
general price levels. No person shall
willfully falsify the
value of property conveyed.
(D) The auditor shall indorse each conveyance on its face
to
indicate the amount of the conveyance fee and compliance with
this
section and if the property is residential rental property include
a statement that the grantee shall file with the county auditor
the information required under division (A) or (C) of section
5323.02 of the Revised Code. The auditor shall retain the original
copy of the
statement of value, forward to the tax commissioner
one copy on
which shall be noted the most recent assessed value of
the
property, and furnish one copy to the grantee or the
grantee's
representative.
(E) In order to achieve uniform administration and
collection
of the transfer fee required by division
(F)(G)(3) of section
319.54 of the Revised Code, the tax
commissioner shall adopt and
promulgate rules for the
administration and enforcement of the
levy and collection of such
fee.
(F) As used in this section, "residential rental property"
has the same meaning as in section 5323.01 of the Revised Code.
Sec. 319.54. (A) On all moneys collected by the county
treasurer on any tax duplicate of the county, other than estate
tax duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, the county
auditor, on settlement with the treasurer and tax commissioner,
on
or before the date prescribed by law for such settlement or
any
lawful extension of such date, shall be allowed as
compensation
for the county auditor's services the following
percentages:
(1) On the first one hundred thousand dollars, two and
one-half per cent;
(2) On the next two million dollars, eight thousand three
hundred eighteen ten-thousandths of one per cent;
(3) On the next two million dollars, six thousand six
hundred
fifty-five ten-thousandths of one per cent;
(4) On all further sums, one thousand six hundred
sixty-three
ten-thousandths of one per cent.
If any settlement is not made on or before the date
prescribed by law for such settlement or any lawful extension of
such date, the aggregate compensation allowed to the auditor
shall
be reduced one per cent for each day such settlement is
delayed
after the prescribed date. No penalty shall apply if the
auditor
and treasurer grant all requests for advances up to
ninety per
cent of the settlement pursuant to section 321.34 of
the Revised
Code. The compensation allowed in accordance with
this section on
settlements made before the dates prescribed by
law, or the
reduced compensation allowed in accordance with this
section on
settlements made after the date prescribed by law or
any lawful
extension of such date, shall be apportioned ratably
by the
auditor and deducted from the shares or portions of the
revenue
payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(B) For the purpose of reimbursing county auditors for the
expenses associated with the increased number of applications for
reductions in real property taxes under sections 323.152 and
4503.065 of the Revised Code that results from the amendment of
those sections by Am. Sub. H.B. 119 of the 127th general assembly,
on the first day of August of each year there shall be paid from
the state's general revenue fund to the county treasury to the
credit of the real estate assessment fund created by section
325.31 of the Revised Code an amount equal to one per cent of the
total annual amount of property tax relief reimbursement paid to
that county under sections 323.156 and 4503.068 of the Revised
Code for the preceding tax year.
(C) From all moneys collected by the county treasurer on
any
tax duplicate of the county, other than estate tax
duplicates, and
on all moneys received as advance payments of
personal property
and classified property taxes, there shall be
paid into the county
treasury to the credit of the real estate
assessment fund created
by section 325.31 of the Revised Code, an
amount to be determined
by the county auditor, which shall not
exceed the following
percentages: prescribed in divisions (C)(1) and (2) of this
section.
(1) On For payments made after June 30, 2007, and before
2011, the following percentages:
(a) On the first one five hundred thousand dollars, three and
one-half four per cent;
(2)(b) On the next three five million dollars, one and
three-eighths two per cent;
(3)(c) On the next three five million dollars, one per cent;
(4)(d) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(5)(e) On amounts exceeding one hundred fifty million
dollars, six-tenths five hundred eighty-five thousandths of one
per cent.
(2) For payments made in or after 2011, the following
percentages:
(a) On the first five hundred thousand dollars, four per
cent;
(b) On the next ten million dollars, two per cent;
(c) On amounts exceeding ten million five hundred thousand
dollars, three-fourths of one per cent.
Such compensation shall be apportioned ratably by the
auditor
and deducted from the shares or portions of the revenue
payable to
the state as well as to the county, townships,
municipal
corporations, and school districts.
(C)(D) Each county auditor shall receive four per cent of the
amount of tax collected and paid into the county treasury, on
property omitted and placed by the county auditor on the tax
duplicate.
(D)(E) On all estate tax moneys collected by the county
treasurer, the county auditor, on settlement semiannually with
the
tax commissioner, shall be allowed, as compensation for the
auditor's
services under Chapter 5731. of the Revised Code, the
following
percentages:
(1) Four per cent on the first one hundred thousand
dollars;
(2) One-half of one per cent on all additional sums.
Such percentages shall be computed upon the amount
collected
and reported at each semiannual settlement, and shall
be for the
use of the general fund of the county.
(E)(F) On all cigarette license moneys collected by the
county treasurer, the county auditor, on settlement semiannually
with the treasurer, shall be allowed as compensation for the
auditor's
services in the issuing of such licenses one-half of one
per cent
of such moneys, to be apportioned ratably and deducted
from the
shares of the revenue payable to the county and
subdivisions, for
the use of the general fund of the county.
(F)(G) The county auditor shall charge and receive fees as
follows:
(1) For deeds of land sold for taxes to be paid by the
purchaser, five dollars;
(2) For the transfer or entry of land, lot, or part of
lot,
or the transfer or entry
on or after January 1, 2000, of a used
manufactured home or mobile
home as defined in section 5739.0210
of the Revised Code, fifty cents for each
transfer or entry, to be
paid by the person requiring it;
(3) For receiving statements of value and administering
section 319.202 of the Revised Code, one dollar, or ten cents for
each one hundred dollars or fraction of one
hundred dollars,
whichever is greater, of the value of
the real property
transferred or, for sales occurring on or after
January 1, 2000,
the value of the used manufactured home
or used mobile home, as
defined in section
5739.0210 of
the Revised Code, transferred,
except no fee shall
be charged when the
transfer is made:
(a) To or from the United States, this state, or any
instrumentality, agency, or political subdivision of the United
States or this state;
(b) Solely in order to provide or release security for a
debt
or obligation;
(c) To confirm or correct a deed previously executed and
recorded;
(d) To evidence a gift, in trust or otherwise and whether
revocable or irrevocable, between husband and wife, or parent and
child or the spouse of either;
(e) On sale for delinquent taxes or assessments;
(f) Pursuant to court order, to the extent that such
transfer
is not the result of a sale effected or completed
pursuant to such
order;
(g) Pursuant to a reorganization of corporations or
unincorporated associations or pursuant to the dissolution of a
corporation, to the extent that the corporation conveys the
property to a stockholder as a distribution in kind of the
corporation's assets in exchange for the stockholder's shares in
the dissolved corporation;
(h) By a subsidiary corporation to its parent corporation
for
no consideration, nominal consideration, or in sole
consideration
of the cancellation or surrender of the
subsidiary's stock;
(i) By lease, whether or not it extends to mineral or
mineral
rights, unless the lease is for a term of years renewable
forever;
(j) When the value of the real property or the manufactured
or mobile
home or the value of the interest that
is conveyed does
not exceed one hundred dollars;
(k) Of an occupied residential property, including a
manufactured
or mobile home, being transferred to the builder of a
new residence
or to the dealer of a new manufactured or mobile
home when the former
residence is traded as part of the
consideration for the new residence or
new manufactured or mobile
home;
(l) To a grantee other than a dealer in real property or in
manufactured
or mobile homes, solely for the purpose of, and as a
step in, the prompt
sale of the real property or manufactured or
mobile home to others;
(m) To or from a person when no money or other valuable
and
tangible consideration readily convertible into money is paid
or
to be paid for the real estate or manufactured or mobile home and
the transaction is not a
gift;
(n) Pursuant to division (B) of section 317.22 of the Revised
Code, or
section 2113.61 of the Revised Code, between spouses or
to a
surviving spouse pursuant to section 5302.17 of the Revised
Code
as it existed prior to April 4, 1985, between persons
pursuant to
section 5302.17 or 5302.18 of the Revised Code on or
after April
4, 1985, to a person who is a surviving, survivorship
tenant
pursuant to section 5302.17 of the Revised Code on or after
April
4, 1985, or pursuant to section 5309.45 of the Revised Code;
(o) To a trustee acting on behalf of minor children of the
deceased;
(p) Of an easement or right-of-way when the value of the
interest conveyed does not exceed one thousand dollars;
(q) Of property sold to a surviving spouse pursuant to
section 2106.16 of the Revised Code;
(r) To or from an organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such
transfer is without consideration and is in furtherance of the
charitable or public purposes of such organization;
(s) Among the heirs at law or devisees, including a
surviving
spouse, of a common decedent, when no consideration in
money is
paid or to be paid for the real property or manufactured or mobile
home;
(t) To a trustee of a trust, when the grantor of the trust
has reserved an unlimited power to revoke the trust;
(u) To the grantor of a trust by a trustee of the trust,
when
the transfer is made to the grantor pursuant to the exercise
of
the grantor's power to revoke the trust or to withdraw trust
assets;
(v) To the beneficiaries of a trust if the fee was paid on
the transfer from the grantor of the trust to the trustee or if
the
transfer is made pursuant to trust provisions which became
irrevocable at the
death of the grantor;
(w) To a corporation for incorporation into a sports
facility
constructed pursuant to section 307.696 of the Revised
Code;
(x) Between persons pursuant to section 5302.18 of the
Revised Code.
The auditor shall compute and collect the fee. The auditor
shall maintain a numbered receipt system, as prescribed by the
tax
commissioner, and use such receipt system to provide a
receipt to
each person paying a fee. The auditor shall deposit
the receipts
of the fees on conveyances in the county treasury
daily to the
credit of the general fund of the county.
The real property transfer fee provided for in division
(F)(G)(3) of this section
shall be applicable to any conveyance of
real
property presented to the auditor on or after January 1,
1968,
regardless of its time of execution or delivery.
The transfer fee for a used manufactured home or used mobile
home shall be
computed by and paid to the county auditor of the
county in which the home is
located immediately prior to the
transfer.
Sec. 322.01. As used in sections 322.01 to 322.07 of
the
Revised Code:
(A) "Value" means, in the case of any deed not a gift in
whole or part, the amount of the full consideration therefor,
paid
or to be paid for the real estate described in the deed,
including
the amount of any liens thereon, with the following
exceptions:
(1) The amount owed on a debt secured by a mortgage which
has
been of record at least twelve months prior to the date of
the
conveyance and which is assumed by the purchaser;
(2) The difference between the full amount of
consideration
and the unpaid balance owed to the seller at the
time of the
conveyance of property to a third party under a land
installment
contract that has been of record at least twelve
months prior to
the date of conveyance.
(B) "Value" means, in
the case of a manufactured or mobile
home that is not a gift in
whole or in part, the amount of the
full consideration paid or
to be paid for the home, including the
amounts of any liens
thereon.
(C) "Value" means, in the case of a gift in whole or part,
the estimated price
the real estate described in the deed, or the
manufactured or mobile
home, would bring in the open
market and
under the then existing and prevailing market
conditions in a sale
between a willing seller and a willing
buyer, both conversant with
the property and with prevailing
general price levels.
(D) "Deed" means any deed, instrument, or writing by which
any real property or any interest in real property is granted,
assigned, transferred, or otherwise conveyed except that it does
not include any deed, instrument, or writing which grants,
assigns, transfers, or otherwise conveys any real property or
interests in real property exempted from the fee required by
division (F)(G)(3) of section 319.54 of the Revised Code.
(E) "Manufactured home" has the same
meaning as in division
(C)(4) of section 3781.06 of the Revised
Code.
(F) "Mobile home" has the same meaning as in
division (O) of
section 4501.01
of the Revised Code.
Sec. 323.131. (A) Each tax bill prepared and mailed or
delivered under section 323.13 of the Revised Code shall be in
the
form and contain the information required by the tax
commissioner.
The commissioner may prescribe different forms for
each county and
may authorize the county auditor to make up tax
bills and tax
receipts to be used by the county treasurer. For any county
in
which the board of county commissioners has granted a partial
property tax
exemption on homesteads under section 323.158 of the
Revised Code, the
commissioner shall
require that the tax bills
for those homesteads include a notice of the amount of the tax
reduction that
results from the partial exemption. In addition to
the information
required by the
commissioner, each
tax bill shall
contain the following information:
(A)(1) The taxes levied and the taxes charged and payable
against the property;
(B)(2) The effective tax rate. The words "effective tax
rate"
shall appear in boldface type.
(C)(3) The following notices:
(1)(a) "Notice: If the taxes are not paid within one year
from the date they are due, the property is subject to
foreclosure
for tax delinquency." Failure to provide such notice
has no effect
upon the validity of any tax foreclosure to which a
property is
subjected.
(2)(b) "Notice: If the taxes charged against this parcel
have
been reduced by the 2-1/2 per cent tax reduction for
residences
occupied by the owner
but the property is not a residence occupied
by the
owner, the owner must notify the county auditor's office
not
later than March 31 of the year following the
year for
which
the taxes are due. Failure to do so may result in the
owner being
convicted of a fourth degree misdemeanor, which is punishable by
imprisonment up to 30 days, a fine up to $250, or both, and in the
owner having to repay the amount by which the taxes were
erroneously or illegally reduced, plus any interest that may
apply.
If the taxes charged against this parcel have not been
reduced by the 2-1/2 per cent tax reduction and the parcel
includes
a residence occupied by the owner, the parcel may qualify
for
the tax reduction.
To
obtain an application for the tax
reduction or further information, the owner
may
contact the county
auditor's office at .......... (insert the
address and telephone
number of the county auditor's office)."
(D)(4) For a tract or lot on the real property tax suspension
list under
section 319.48 of the Revised Code, the following
notice: "Notice: The taxes
shown due on this bill are for the
current year only. Delinquent taxes,
penalties, and interest also
are due on this property. Contact the county
treasurer to learn
the total amount due."
The tax bill shall not contain or be mailed or delivered
with
any information or material that is not required by this
section
or that is not authorized by section 321.45 of the
Revised Code or
by the tax commissioner.
(B) If the property is residential rental property, the tax
bill shall contain a statement that the owner of the residential
rental property shall file with the county auditor the information
required under division (A) or (C) of section 5323.02 of the
Revised Code.
(C) As used in this section, "residential rental property"
has the same meaning as in section 5323.01 of the Revised Code.
Sec. 323.151. As used in sections 323.151 to 323.159
of
the
Revised Code:
(A) "Homestead" means either of the following:
(1) A dwelling, including a unit in
a multiple-unit dwelling
and a manufactured home or
mobile home taxed as real property
pursuant to division (B) of
section 4503.06 of the Revised Code,
owned and
occupied as a
home by an individual whose domicile is in
this state and who has
not acquired ownership from a person, other
than the
individual's spouse,
related by consanguinity or affinity
for the purpose of
qualifying for the real property tax reduction
provided in
section 323.152 of the Revised Code.
(2) A unit in a housing cooperative that is occupied as a
home,
but not owned, by an individual whose domicile is in this
state.
The homestead shall include
so much of the land surrounding
it, not exceeding one acre, as is
reasonably necessary for the use
of the dwelling or unit as a
home. An owner includes a holder of
one of the several
estates in fee, a vendee in possession under a
purchase
agreement or a land contract, a mortgagor, a life tenant,
one or more tenants
with a right of survivorship, tenants in
common, and a settlor of
a revocable inter vivos trust holding the
title to a homestead
occupied by the settlor as of right under the
trust. The tax
commissioner shall adopt rules for the uniform
classification and
valuation of real property or portions of real
property as
homesteads.
(B) "Sixty-five years of age or older" means a person who
has
attained age sixty-four prior to the first day of January of
the
year of application for reduction in real estate taxes.
(C) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in
which
application for a reduction in taxes is made, as determined
under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A.
1, as amended, adjusted as follows:
(1) Subtract the amount of disability benefits included in
adjusted gross income, but not to exceed fifty-two hundred
dollars;
(2) Add old age and survivors benefits received pursuant
to
the "Social Security Act" that are not included in adjusted
gross
income;
(3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income;
(4) Add tier I and tier II railroad retirement benefits
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C.A. 228;
(5) Add interest on federal, state, and local government
obligations;
(6) For a person who received the homestead exemption for a
prior year on
the basis of being permanently and totally disabled
and whose current
application for the exemption is made on the
basis of age, subtract the
following amount:
(a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first
year in
which the person applied for the exemption on the basis of
age, subtract an
amount equal to the disability benefits the
person received in that preceding
year, to the extent included in
total income in the current year and not
subtracted under division
(C)(1) of this section in the current year;
(b) If the person received disability benefits that were
included
in adjusted gross income in the year preceding the first
year in which the
person applied for the exemption on the basis of
age, subtract an amount equal
to the amount of disability benefits
that were subtracted pursuant to division
(C)(1) of this section
in that preceding year, to the extent included
in total income in
the current year and not subtracted under division
(C)(1) of this
section in the current year.
Disability benefits that are paid by the department of
veterans affairs or
a
branch of the armed forces of the United
States on account
of an injury or disability shall not be included
in total income.
(D) "Old age and survivors benefits received pursuant to
the
'Social Security Act'" or "tier I railroad retirement
benefits
received pursuant to the 'Railroad Retirement Act'"
means:
(1) For those persons receiving the homestead exemption
for
the first time for tax years 1976 and earlier, old age
benefits
payable under the social security or railroad retirement
laws in
effect on December 31, 1975, except in those cases where
a change
in social security or railroad retirement benefits would
result in
a reduction in income.
(2) For those persons receiving the homestead exemption
for
the first time for tax years 1977 and thereafter, old age
benefits
payable under the social security or railroad retirement
laws in
effect on the last day of the calendar year prior to the
year for
which the homestead exemption is first received, or, if
no such
benefits are payable that year, old age benefits payable
the first
succeeding year in which old age benefits under the
social
security or railroad retirement laws are payable, except
in those
cases where a change in social security or railroad
retirement
benefits results in a reduction in income.
(a) Survivors benefits payable under the social security
or
railroad retirement laws in effect on the last day of the
calendar
year prior to the year for which the homestead exemption
is first
received, or, if no such benefits are payable that year,
survivors
benefits payable the first succeeding year in which
survivors
benefits are payable; or
(b) Old age benefits of the deceased spouse, as determined
under division (D)(1) or (2) of this section, upon which the
surviving spouse's survivors benefits are based under the social
security or railroad retirement laws, except in those cases where
a change in benefits would cause a reduction in income.
Survivors benefits are those described in division
(D)(3)(b)
of this section only if the deceased spouse received
old age
benefits in the year in which the deceased spouse died. If the
deceased spouse did not receive old age benefits in the year in
which the deceased spouse died, then survivors benefits are those
described in division (D)(3)(a) of this section.
(E) "Permanently and totally disabled" means a person who
has, on the first day of January of the year of application for
reduction in real estate taxes, some impairment in body or mind
that makes the person unable to work at any substantially
remunerative
employment that the person is reasonably able to
perform
and
that will,
with reasonable probability, continue for
an indefinite period of
at least twelve months without any present
indication of recovery
therefrom or has been certified as
permanently and totally
disabled by a state or federal agency
having the function of so
classifying persons.
(F)(D) "Housing cooperative" means a housing complex of at
least two
hundred fifty units that is owned and operated by a
nonprofit
corporation that issues a share of the corporation's
stock to an
individual, entitling the individual to live in a unit
of the complex, and
collects a monthly maintenance fee from the
individual to
maintain, operate, and pay the taxes of the complex.
Sec. 323.152. In addition to the reduction in taxes
required
under section 319.302 of the Revised Code, taxes shall
be reduced
as provided in divisions (A) and
(B) of this section.
(A)(1) Division (A) of this
section applies to any of the
following:
(a) A person who is permanently and totally disabled;
(b) A person who is sixty-five years of age or older;
(c) A person who is the surviving spouse of a deceased
person
who was permanently and totally disabled or sixty-five
years of
age or older and who applied and qualified for a
reduction in
taxes under this division in the year of death,
provided the
surviving spouse is at least fifty-nine but not
sixty-five or more
years of
age on the date the deceased spouse
dies.
(2) Real property taxes on a homestead owned and occupied,
or
a
homestead in a housing cooperative occupied, by a
person to
whom
division (A) of this section
applies shall be reduced for
each
year for which the owner obtains a certificate of reduction
from
the county auditor under section 323.154 of the Revised
Code
or
for which the occupant obtains a certificate of reduction in
accordance with
section 323.159 of the Revised Code. The
reduction
shall equal the amount obtained by
multiplying the tax
rate for
the tax year for which the
certificate is issued by the
reduction
in taxable value shown in
the following schedule:
|
|
Reduce Taxable Value |
Total Income |
|
by the Lesser of: |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent |
More than $23,000 |
|
-0- |
(3) Each calendar year, the tax
commissioner shall adjust
the
foregoing schedule
by completing the
following
calculations
in
September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December
of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which taxable value
is
reduced, for the current tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which taxable value
is
reduced, for the current tax year;
(d)(i) Except as provided in division (A)(3)(d)(ii) of this
section, round the resulting sum to the nearest
multiple of one
hundred dollars;
(ii) If rounding the resulting sum to the nearest multiple of
one hundred dollars under division (A)(3)(d)(i) of this section
does not increase the dollar amounts by which taxable value is
reduced, the resulting sum instead shall be rounded to the nearest
multiple of ten dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the following
tax year. The
commissioner shall not make the adjustment in any
calendar year
in which the amounts resulting from the adjustment
would be less
than the total income amounts, or less than the
dollar amounts by which
taxable value is reduced, for the current
tax year greater of the reduction granted for the tax year
preceding the first tax year to which this section applies
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th
general assembly, if the taxpayer received a reduction for that
preceding tax year, or the product of the following:
(a) Twenty-five thousand dollars of the true value of the
property in money;
(b) The assessment percentage established by the tax
commissioner under division (B) of section 5715.01 of the Revised
Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes
charged against the property for the current year, where
"effective tax rate" is defined as in section 323.08 of the
Revised Code;
(d) The quantity equal to one minus the sum of the percentage
reductions in taxes received by the property for the current tax
year under section 319.302 of the Revised Code and division (B) of
section 323.152 of the Revised Code.
(B) To provide a partial exemption, real property taxes on
any homestead, and manufactured
home
taxes on any manufactured or
mobile home on which a
manufactured home tax is
assessed pursuant
to division (D)(2) of
section 4503.06 of the
Revised Code, shall
be reduced for each
year for
which the owner obtains a certificate
of
reduction from
the county auditor under section 323.154 of the
Revised Code. The
amount of the reduction shall equal two and
one-half per cent
of the amount of taxes to be levied on the
homestead or the
manufactured or mobile home after applying
section 319.301 of the
Revised Code.
(C) The reductions granted by this section do not apply to
special assessments or respread of assessments levied against the
homestead, and if there is a transfer of ownership subsequent to
the filing of an application for a reduction in taxes, such
reductions are not forfeited for such year by virtue of such
transfer.
(D) The reductions in taxable value referred to in this
section
shall be applied solely as a factor for the purpose of
computing
the reduction of taxes under this section and shall not
affect
the total value of property in any subdivision or taxing
district
as listed and assessed for taxation on the tax lists and
duplicates, or any direct or indirect limitations on indebtedness
of a subdivision or taxing district. If after application of
sections 5705.31 and 5705.32 of the Revised Code, including the
allocation of all levies within the ten-mill limitation to debt
charges to the extent therein provided, there would be
insufficient funds for payment of debt charges not provided for
by
levies in excess of the ten-mill limitation, the reduction of
taxes provided for in sections 323.151 to 323.159 of
the Revised
Code shall be proportionately adjusted to the extent necessary
to
provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the
homestead of any person convicted of violating division (C) or
(D)
of section 323.153 of the Revised Code for a period of three
years
following the conviction.
Sec. 323.153. (A) To obtain a reduction in real property
taxes under division (A) or (B) of section 323.152 of the Revised
Code or in manufactured home taxes under division (B) of section
323.152 of
the Revised Code, the owner shall file an application
with the county auditor
of the county in which the owner's
homestead is located.
To obtain a reduction in real property taxes under division
(A) of
section 323.152 of the Revised Code, the occupant of a
homestead
in a housing cooperative shall file an application with
the nonprofit
corporation that owns and operates the housing
cooperative, in
accordance with this paragraph. Not later than
the
first day of
March each year,
the corporation shall obtain
applications from the county auditor's office
and provide one to
each
new occupant. Not later than the first day of May, any
occupant who
may be
eligible for a reduction in taxes under
division (A) of section
323.152 of the Revised Code shall submit
the completed
application
to the corporation. Not later than the
fifteenth day of May, the
corporation shall
file all completed
applications, and the information required by division
(B) of
section 323.159 of the Revised Code, with
the county
auditor of
the county in which the occupants' homesteads are located.
Continuing applications shall be furnished to an occupant in the
manner
provided in
division (C)(4) of this section.
(1) An application for reduction based upon a physical
disability shall be accompanied by a certificate signed by a
physician, and an application for reduction based upon a mental
disability shall be accompanied by a certificate signed by a
physician or psychologist licensed to practice in this state,
attesting to the fact that the applicant is permanently and
totally disabled. The certificate shall be in a form that the
tax
commissioner requires and shall include the definition of
permanently and totally disabled as set forth in section 323.151
of the Revised Code. An application for reduction based upon a
disability certified as permanent and total by a state or federal
agency having the function of so classifying persons shall be
accompanied by a certificate from that agency. Such an
An
application for a reduction under division (A) of section
323.152 of the Revised Code constitutes a continuing application
for a reduction
in taxes for each year in which the dwelling is
the applicant's
homestead and the amount of the reduction in
taxable value to
which the applicant is entitled does not exceed
either the
amount
or
percentage of the reduction to which the
applicant was
entitled
for the year
in which the application was
first filed.
(2) An application for a reduction in taxes under division
(B) of section 323.152 of the Revised Code shall
be filed only if
the homestead or manufactured or mobile home was transferred
in
the preceding year or did not
qualify for and receive the
reduction in taxes under that
division for the preceding tax year.
The application for homesteads transferred in the preceding year
shall be incorporated into any form used
by the county auditor to
administer the tax law in respect to the conveyance
of real
property pursuant to section 319.20 of the
Revised Code or of used
manufactured homes or used mobile homes as defined in section
5739.0210 of the Revised Code. The owner of a manufactured or
mobile home who has elected under division (D)(4) of section
4503.06 of the Revised Code to be taxed under division (D)(2) of
that section for the ensuing year may file the application at the
time of making that election. The application shall
contain a
statement that failure by
the applicant to affirm on the
application that the dwelling on the property
conveyed is the
applicant's homestead prohibits the owner from receiving
the
reduction in taxes until a proper application is filed within the
period
prescribed by division (A)(3) of this section. Such an
application
constitutes a continuing application for a reduction
in taxes for
each year in which the dwelling is the applicant's
homestead.
(3) Failure to receive a new application filed under
division
(A)(1) or (2) or notification under division (C) of this
section
after a certificate of reduction has been issued under
section
323.154 of the Revised Code, or failure to receive a new
application filed under division
(A)(1) or notification under
division
(C) of this section after a certificate of reduction has
been issued under section 323.159 of the Revised
Code,
is
prima-facie evidence that
the original applicant is entitled to
the reduction in taxes
calculated on the basis of the information
contained in
the original application. The original application
and any
subsequent application, including any late application,
shall be
in the form of a signed statement and shall be filed
after the
first Monday in January and not later than the first
Monday in
June. The original application and any subsequent
application for a reduction
in real property taxes shall be filed
in the year for which the reduction is
sought. The original
application and any subsequent application for a
reduction in
manufactured home taxes shall be filed in the year preceding the
year for which the reduction is sought. The statement shall be on
a form,
devised and supplied by
the tax commissioner, which shall
require no more information
than is necessary to establish the
applicant's eligibility for
the reduction in taxes and the amount
of the reduction, and, for a
certificate of reduction issued under
section 323.154 of the Revised
Code, shall
include an affirmation
by the applicant that ownership of the
homestead was not acquired
from a person, other than the applicant's
spouse, related to the
owner by consanguinity or affinity for the purpose
of qualifying
for the real property or manufactured home tax reduction
provided
for in division (A) or (B) of section 323.152 of the Revised Code.
The form shall contain a statement that conviction of willfully
falsifying information to obtain a reduction in taxes or failing
to comply with division (C) of this section results in the
revocation of the right to the reduction for a period of three
years. In the case of an application for a reduction in taxes
under division (A) of section 323.152 of the Revised Code, the
form shall contain a statement that signing the application
constitutes a delegation of authority by the applicant to the
county auditor to examine any financial records relating to
income
earned by the applicant as stated on the application for
the
purpose of determining a possible violation of division (D) or
(E)
of this section.
(B) A late application for a tax reduction for the year
preceding the year in which an original application is filed, or
for a
reduction in manufactured home taxes for the year in which
an original
application is filed, may be filed with the original
application. If the
county auditor
determines the information
contained in the late application is
correct, the auditor shall
determine the amount of the
reduction in taxes to which the
applicant would have been entitled for the
preceding tax year had
the applicant's application been timely filed and
approved in that
year.
The amount of such reduction shall be treated by the
auditor
as an overpayment of taxes by the applicant and shall be
refunded
in the manner prescribed in section 5715.22 of the
Revised Code
for making refunds of overpayments. On the first
day of July of
each year, the county auditor shall certify the
total amount of
the reductions in taxes made in the current year
under this
division to the tax commissioner, who shall treat the
full amount
thereof as a reduction in taxes for the preceding tax
year and
shall make reimbursement to the county therefor in the
manner
prescribed by section 323.156 of the Revised Code, from
money
appropriated for that purpose.
(C)(1) If, in any year after an application has been filed
under division (A)(1) or (2) of this section, the
owner does not
qualify for a reduction in taxes on the homestead or on the
manufactured or mobile home set forth on such
application, or
qualifies for a reduction in taxes that is to be
based upon a
reduction in taxable value less than either the
percentage or
amount of the reduction in taxable value to which
the owner was
entitled in the year the application was
filed, the owner shall
notify the county auditor that the
owner is not qualified for a
reduction in taxes or file a new application
under division (A)(1)
or (2) of this section.
(2) If, in any year after an application has been filed
under
division (A)(1) of this section, the occupant of a homestead
in a
housing cooperative does not qualify for a reduction in taxes
on
the
homestead, the occupant shall
notify the county auditor
that
the occupant is not qualified for a reduction
in taxes or
file a
new
application under division (A)(1) of this section.
(3) If the county auditor or county treasurer discovers that
the owner of property not entitled to the reduction in taxes
under
division (B) of section
323.152 of the Revised Code failed to
notify the
county auditor as required by division
(C)(1) of this
section, a charge shall be
imposed against the property in the
amount by which taxes were
reduced under that division for each
tax year the county auditor ascertains
that the property was not
entitled to the reduction and was owned by
the current owner.
Interest shall accrue in the manner
prescribed by division (B) of
section 323.121
or division (G)(2) of section 4503.06 of the
Revised Code on the amount by which taxes
were
reduced for each
such tax year as if the reduction became
delinquent taxes at
the
close of the last day the second
installment of taxes for that tax
year
could be paid
without
penalty. The county auditor shall
notify the owner,
by ordinary
mail, of the charge, of the owner's
right to appeal
the charge,
and of the manner in which the owner
may appeal.
The owner may
appeal the imposition of the charge and
interest by filing an
appeal with the county board of revision not
later than the last
day prescribed for payment of real and public
utility property
taxes under section 323.12 of the
Revised Code
following receipt
of the
notice and occurring at least ninety days
after receipt of
the
notice. The appeal shall be treated in the
same manner as a
complaint relating to the valuation or assessment
of real
property
under Chapter 5715. of
the Revised Code. The
charge and any
interest shall be
collected as other delinquent
taxes.
(4) Each year during January, the county auditor shall
furnish
by ordinary mail a continuing application to each person
issued a
certificate of reduction under section 323.154 or 323.159
of
the Revised
Code with respect to a reduction in taxes under
division (A) of
section 323.152 of the Revised Code. The
continuing application
shall be used to report changes in total
income that would have
the effect of increasing or decreasing the
reduction in taxable
value to which the person is entitled,
changes in
ownership or occupancy of the
homestead, including
changes in or revocation of a revocable
inter vivos trust, changes
in disability, and other changes in
the information earlier
furnished the auditor relative to
the reduction in taxes on the
property. The continuing application
shall be returned to the
auditor not later than the first Monday
in June; provided, that if
such changes do not affect the status
of the homestead exemption
or the amount of the reduction to
which the owner is entitled
under division (A) of section 323.152
of the Revised Code or to
which the occupant is entitled under section
323.159
of
the
Revised Code, the application does not need to be
returned.
(5) Each year during February, the county auditor, except as
otherwise
provided in this paragraph, shall furnish
by ordinary
mail an original application to the owner, as of the
first day of
January of that year, of a homestead or a manufactured or mobile
home that transferred during the preceding calendar year and that
qualified
for and received a reduction in taxes under division (B)
of
section 323.152 of the Revised Code for the preceding tax year.
In order to receive the reduction under that division, the owner
shall file the application with the county auditor not later than
the first Monday in June. If the application is not timely
filed,
the auditor shall not grant a reduction in taxes for the
homestead
for the current year, and shall notify the owner that
the
reduction in taxes has not been granted, in the same manner
prescribed under section 323.154 of the Revised Code for
notification of denial of an application. Failure of an owner to
receive an application does not excuse the
failure of the owner to
file an original application.
The county auditor is not required
to furnish an
application under this paragraph for any homestead
for which
application has previously been made on a form
incorporated into
any form used by the county auditor to
administer the tax law in respect to the conveyance of real
property or of used manufactured homes or used mobile homes, and
an
owner who previously has applied on such a form
is not required
to return
an application furnished under this
paragraph.
(D) No person shall knowingly make a false statement for
the
purpose of obtaining a reduction in the person's real property or
manufactured home taxes under section 323.152 of the Revised Code.
(E) No person shall knowingly fail to notify the county
auditor of changes required by division (C) of this section that
have the effect of maintaining or securing a reduction in taxable
value of homestead property or a reduction in taxes in excess of
the reduction allowed under section 323.152 of the Revised Code.
(F) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 323.151 to 323.159 of the Revised
Code.
Sec. 323.154. On or before the day the county auditor has
completed the duties imposed by sections 319.30 to 319.302 of the
Revised Code, the auditor shall issue a certificate
of reduction
in taxes in triplicate for each person who has complied
with
section 323.153 of the Revised Code and whose homestead, as
defined in division (A)(1) of section 323.151 of the Revised
Code,
or
manufactured or mobile home the auditor finds
is entitled to a
reduction in real property or manufactured home taxes
for that
year
under section 323.152 of the Revised Code. Except as provided
in
section 323.159 of the Revised Code, in the case of a
homestead
entitled to a reduction under division (A) of that
section, the
certificate shall state the taxable value of the
homestead on the
first day of January of that year, the amount of
the reduction in
taxable value and the total reduction in taxes
for that year under
that section, the tax rate that is applicable
against such
homestead for that year, and any other information
the tax
commissioner requires. In the case of a homestead or a
manufactured or mobile home entitled to a reduction under division
(B) of
that section, the
certificate shall state the total amount
of the reduction in
taxes for that year under that section and any
other information
the tax commissioner requires. The certificate
for reduction in
taxes shall be on a form approved by the
commissioner. Upon
issuance of such a certificate, the county
auditor shall forward
one copy and the original to the county
treasurer and retain one
copy. The county auditor also shall
record the amount of
reduction in taxes in the appropriate column
on the general tax
list and duplicate of real and public utility
property and on the
manufactured home tax list.
If an application, late application, or continuing
application is not approved, or if the county auditor otherwise
determines that a homestead or a manufactured or mobile home does
not
qualify for a reduction in
taxes under division (A) or (B) of
section 323.152 of the Revised
Code, the auditor shall notify the
applicant of the reasons for
denial not later than the first
Monday in October. If an
applicant believes that the application
for reduction
has been improperly
denied or that the reduction is
for less than that to which the
applicant is entitled, the
applicant may file an appeal
with the county board of revision
not
later than the date of closing of the collection for the
first
half of real and public utility property taxes or manufactured
home
taxes. The appeal
shall be treated in the same manner as a
complaint relating to
the valuation or assessment of real property
under Chapter 5715.
of the Revised Code.
Sec. 325.31. (A) On the first business day of each month,
and at the end of the officer's term of office, each officer
named
in section 325.27 of the Revised Code shall pay into the county
treasury, to the credit of the general county fund, on the
warrant
of the county auditor, all fees, costs, penalties,
percentages,
allowances, and perquisites collected by the
officer's office
during the preceding month or part thereof for official
services,
except the fees allowed the county auditor by division (B)(C) of
section 319.54 of the Revised Code, which shall be paid into the
county treasury to the credit of the real estate assessment fund
hereby created.
(B) Moneys to the credit of the real estate assessment
fund
may be expended, upon appropriation by the board of county
commissioners, for the purpose of defraying one or more of the
following:
(1) The cost
incurred by the county auditor in assessing real
estate pursuant
to Chapter 5713. of the Revised Code and
manufactured and mobile homes
pursuant to Chapter 4503. of the
Revised Code;
(2) At the county
auditor's
discretion, costs and expenses
incurred by the county auditor in preparing the list of real and
public utility property, in administering laws related to the
taxation of real property and the levying of special assessments
on real property, including administering reductions under
Chapters 319. and 323. and section 4503.065 of the Revised Code,
and to support assessments of real property in any administrative
or judicial proceeding;
(3) At the county auditor's discretion, the expenses incurred
by the county board of revision under
Chapter 5715. of the Revised
Code;
(4) At the county auditor's discretion, the expenses incurred
by the county auditor for geographic information systems, mapping
programs, and technological advances in those or similar systems
or programs;
(5) At the county auditor's discretion, expenses incurred by
the county auditor in compiling the general tax list of tangible
personal property and administering tangible personal property
taxes under Chapters 5711. and 5719. of the Revised Code;
(6) At the county auditor's discretion, costs, expenses, and
fees incurred by the county auditor in the administration of
estate taxes under Chapter 5731. of the Revised Code and the
amounts incurred under section 5731.41 of the Revised Code.
Any expenditures made from
the real estate assessment fund
shall comply with rules that the
tax commissioner adopts under
division (O) of section 5703.05 of
the Revised Code. Those rules
shall include a requirement that a
copy of any appraisal plans,
progress of work reports, contracts,
or other documents required
to be filed with the tax commissioner
shall be filed also with the
board of county commissioners.
The board of county commissioners shall not transfer moneys
required to be deposited in the real estate assessment fund to
any
other fund. Following an assessment of real property
pursuant to
Chapter 5713. of the Revised Code, or an assessment of a
manufactured or mobile home pursuant to Chapter 4503.
of the
Revised Code, any moneys not
expended for the purpose of defraying
the cost incurred in
assessing real estate or manufactured or
mobile homes or for the
purpose of defraying the expenses
described in divisions (B)(2), (3), (4), (5), and (6) of this
section, and thereby remaining to the credit of the
real estate
assessment fund, shall be apportioned ratably and
distributed to
those taxing authorities that contributed
to the fund. However, no
such distribution shall be made if the amount
of such unexpended
moneys remaining to the credit of the real
estate assessment fund
does not exceed five thousand dollars.
(C) None of the officers named in section 325.27 of the
Revised Code shall collect any fees from the county. Each of
such
officers shall, at the end of each calendar year, make and
file a
sworn statement with the board of county commissioners of
all such
fees, costs, penalties, percentages, allowances, and
perquisites
which have been due in the officer's office and
unpaid for more
than one year prior to the date such statement is required to
be
made.
Sec. 329.04. (A) The county department of job and family
services shall
have, exercise, and perform the following powers
and duties:
(1) Perform any duties assigned by
the state department of
job and family services
regarding the provision of public family
services, including the provision of the following services
to
prevent or reduce economic or
personal dependency and to
strengthen family life:
(a) Services authorized by
a Title IV-A
program, as
defined
in section 5101.80 of the Revised Code;
(b) Social services authorized by Title XX of the
"Social
Security Act" and provided for by section 5101.46 or 5101.461 of
the Revised
Code;
(c) If the county department is designated as the child
support
enforcement agency, services authorized by Title IV-D of
the "Social
Security
Act" and provided for by
Chapter 3125. of
the Revised Code. The county
department
may perform the services
itself or contract with other
government entities, and, pursuant
to division
(C) of section 2301.35 and section 2301.42 of the
Revised Code, private
entities, to perform the Title IV-D
services.
(d) Duties assigned under section 5111.98 of the Revised
Code.
(2) Administer disability financial assistance, as required
by the state department of job and
family services under section
5115.03 of the Revised Code;
(3) Administer disability medical assistance, as required by
the state department of job and family services under section
5115.13 of the Revised Code;
(4) Administer burials insofar as the administration of
burials was,
prior to September 12, 1947, imposed upon the board
of county commissioners
and if otherwise required by state law;
(5) Cooperate with state and federal authorities in any
matter
relating to family services and to act as the agent of
such
authorities;
(6) Submit an annual account of its
work and expenses to the
board of county commissioners and to the
state department of job
and family services at the
close of each fiscal year;
(7) Exercise any powers and duties
relating to family
services duties or workforce development
activities imposed upon
the
county department of job and
family
services by law, by
resolution
of the board of county commissioners, or by
order of
the governor,
when authorized by law, to meet
emergencies during
war or peace;
(8) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(9) If assigned by the state director of job and
family
services under section 5101.515 or 5101.525 of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II or part III;
(10) Enter into a plan of cooperation with the board of
county
commissioners under section 307.983, consult with
the board
in the development of the transportation work plan developed under
section 307.985, establish with the board procedures
under section
307.986 for
providing services to children whose families relocate
frequently, and comply
with the
contracts the board enters into
under sections 307.981 and 307.982 of the
Revised Code that affect
the county department;
(11) For the purpose of complying with a fiscal grant
agreement the board
of county commissioners enters into under
section sections 307.98 and 5101.21 of the Revised Code, exercise
the
powers and
perform the duties the fiscal grant agreement
assigns to the county
department;
(12) If the county department is designated as the workforce
development
agency, provide the workforce development activities
specified in the contract
required by section 330.05 of the
Revised Code.
(B) The powers and duties of a county department of job and
family services are, and
shall be exercised and performed, under
the control and direction of the board
of county commissioners.
The board may assign to the county department any
power or duty of
the board regarding family services duties and workforce
development
activities. If the new power or duty
necessitates the
state
department of job and family
services changing its federal
cost
allocation plan, the county department may not implement the
power
or duty
unless the United States department of health and
human
services approves the
changes.
Sec. 329.05. The county department of job and family
services may
administer or assist in administering any state or
local
family services
duty in addition
to those mentioned in
section 329.04 of
the Revised Code, supported wholly or in part by
public funds
from any source provided by agreement between the
board of county
commissioners and the officer, department, board,
or agency in
which the administration of such activity is vested.
Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of job and
family
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to
the agreement, and filed in the office of the county auditor,
and
when so filed, shall have the effect of transferring the
exercise
of the powers and duties to which the agreement relates
and shall
exempt the other party from all further responsibility
for the
exercise of the powers and duties so transferred, during
the life
of the agreement.
Such agreement shall be coordinated and not conflict with a
fiscal grant agreement entered into under section sections 307.98
and 5101.21, a
contract
entered into under section 307.981 or
307.982, a plan of
cooperation
entered
into under section 307.983,
a regional plan of
cooperation entered into
under section 307.984,
a transportation
work plan
developed under
section 307.985, or
procedures for
providing services
to children whose
families
relocate frequently
established under section
307.986 of the
Revised
Code. It may be
revoked at the option of either
party, by
a resolution or order of
the revoking party filed in
the office of
the auditor. Such
revocation shall become
effective at the end of
the fiscal year
occurring at least six
months following the filing
of the
resolution or order. In the
absence of such an express
revocation
so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of job and
family
services to manage or control hospitals, humane societies,
detention
facilities,
jails or
probation departments of courts,
or
veterans service commissions.
Sec. 329.14. (A) An
individual whose household income does
not exceed one two hundred fifty per cent
of the federal poverty
line is eligible to participate
in an individual development
account program established by the county
department of job and
family services of the county in
which the individual resides.
An
eligible
individual seeking to be a participant in the program
shall enter
into an agreement with the fiduciary organization
administering
the program. The agreement shall specify the terms
and conditions of uses of
funds deposited, financial documentation
required to be maintained by the participant, expectations and
responsibilities of the participant, and services to be provided
by
the fiduciary organization.
(B) A participant may deposit
earned income, as defined in 26
U.S.C.
911(d)(2), as amended, into the account. The fiduciary
organization may deposit into the account
an amount not exceeding
twice four times the amount deposited by the participant
except
that a fiduciary organization may not, pursuant to
an agreement
with an employer, deposit an amount into an account
held by a
participant who is employed by the
employer. An account may have
no more than ten thousand dollars in it at
any time.
(C) Notwithstanding eligibility requirements established in
or
pursuant to Chapter 5107., 5108., or 5111. of the Revised
Code,
to the extent
permitted by federal statutes and regulations, money
in an
individual development account, including interest, is
exempt
from consideration in determining whether the participant
or a member of the
participant's assistance group is eligible for
assistance under Chapter 5107., 5108., or 5111. of the
Revised
Code and the amount of assistance the participant or assistance
group
is eligible to receive.
(D)(1) Except as
provided in division (D)(2) of this section,
an individual
development account program participant
may use
money in the account only for the following
purposes:
(a) Postsecondary educational
expenses paid directly from the
account to an eligible education
institution or vendor;
(b) Qualified
acquisition expenses of a principal residence,
as defined in 26
U.S.C. 1034, as amended, paid directly from the
account to the person or government entity to which the expenses
are
due;
(c) Qualified business capitalization expenses made in
accordance with a qualified business plan that has been approved
by a
financial institution or by a nonprofit microenterprise
program having
demonstrated business expertise and paid
directly
from the account to the person to whom the expenses are
due.
(2) A fiduciary organization shall
permit a participant to
withdraw money deposited by the
participant if it is needed to
deal with a personal emergency of the
participant or a member of
the participant's family or household. Withdrawal
shall result in
the loss of any matching
funds in an amount equal to the amount of
the
withdrawal.
(3) Regardless of the reason for the withdrawal, a withdrawal
from an
individual development
account may be made only with the
approval of the fiduciary
organization.
Sec. 340.03. (A) Subject to rules issued by the director
of
mental health after consultation with relevant constituencies
as
required by division (A)(11) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of
alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency
for
the county or counties under its jurisdiction, and in so
doing it
shall:
(a) Evaluate the need for
facilities and community mental
health
services;
(b)
In cooperation with other local and regional
planning
and
funding bodies and with relevant ethnic
organizations,
assess
the
community mental health needs, set
priorities, and
develop
plans
for the operation of
facilities and
community
mental health
services;
(c) In accordance with guidelines issued by the director
of
mental health after consultation with board representatives,
develop and submit to the department of mental health, no later
than six months prior to the conclusion of the fiscal year in
which the board's current plan is scheduled to expire, a
community
mental health plan listing community mental health
needs,
including the needs of all residents of the district now
residing
in state mental institutions and severely mentally
disabled
adults, children, and adolescents; all children
subject to a
determination made pursuant to section 121.38 of the Revised
Code;
and all
the facilities and community mental health
services that
are or will be
in operation
or provided
during
the
period for
which the plan will be in operation in the
service
district to
meet such needs.
The plan shall include, but not be limited to, a statement
of
which of the services listed in section 340.09 of the Revised
Code
the board intends to make available. The board must include crisis
intervention services for individuals in an emergency situation in
the plan and explain how the board intends to make such services
available. The plan must also include an explanation of
how
the
board intends to make any payments that it may be
required to
pay
under section 5119.62 of the Revised Code, a
statement of the
inpatient and community-based services the board
proposes that the
department operate, an assessment of the number
and types of
residential facilities needed, such other
information as the
department requests, and a budget for moneys
the board expects to
receive. The board shall also submit an
allocation request for
state and federal funds. Within sixty
days after the department's
determination that the plan and
allocation request are complete,
the department shall approve or
disapprove the plan and request,
in whole or in part, according
to the criteria developed pursuant
to section 5119.61 of the
Revised Code. The department's
statement
of approval or
disapproval shall specify the inpatient
and the
community-based
services that the department will operate
for the
board. Eligibility
Eligibility for state and federal funding shall be
contingent
upon an
approved plan or relevant part of a plan. The department
may provide state and federal funding for services included in a
plan only if the services are for individuals whose focus of
treatment or prevention is a mental disorder according to the
edition of the American psychiatric association's diagnostic and
statistical manual of mental disorders that is current at the time
the funding is provided. This shall include such services for
individuals who have a mental disorder and a co-occurring
substance use disorder, substance-induced disorder, chronic
dementing organic mental disorder, mental retardation, or
developmental disability. The department may not provide state or
federal funding under a plan for a service for individuals whose
focus of treatment or prevention is solely a substance use
disorder, substance-induced disorder, chronic dementing organic
mental disorder, mental retardation, or developmental disability.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of
the criteria that must be met before the plan may be
approved.
The director shall provide the board an opportunity to
present
its case on behalf of the plan. The director shall give
the
board a reasonable time in which to meet the criteria, and
shall
offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
If a board determines that it is necessary to amend a plan
or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or
disapprove
all or part of the amendment. If the director does
not approve
all
or part of the amendment within thirty days after
it is
submitted,
the amendment or part of it shall be considered
to have
been
approved. The director shall inform the board of the
reasons
for
disapproval of all or part of an amendment and of the criteria
that
must be met before the
amendment may be approved. The
director shall provide the board
an opportunity to present its
case on behalf of the amendment. The director
shall give the
board
a reasonable time in which to
meet the criteria, and shall
offer
the board technical assistance
to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements
with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary
to
correct the situation, including notification of the
appropriate
authorities. Upon request, the board shall provide
information
about such investigations to the department.
(3)
For the purpose of section 5119.611 of the
Revised Code,
cooperate with the director of mental health in
visiting and
evaluating whether the services of a community mental
health
agency satisfy the certification standards
established by
rules
adopted under that section;
(4) In accordance with criteria established under division
(G) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and
efficiency of services provided
through its
community mental
health
plan
and submit its findings
and recommendations to the department of
mental health;
(5) In accordance with section 5119.22 of the Revised
Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor
of
state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor
of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for
mental
health programs from private and public sources;
(8)(a)
Enter
into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private
community
mental health
agencies for the
provision of
community mental
health services that are
listed in
section
340.09 of the
Revised Code and included in the
board's
community
mental health
plan.
The board may not contract with a
community
mental health
agency to provide community mental health
services included in the board's community mental health plan
unless the services are certified by the director of mental health
under section 5119.611 of the
Revised Code.
Section 307.86 of the
Revised Code does not apply
to
contracts
entered into under this
division. In contracting
with
a
community mental health agency, a
board
shall
consider the cost
effectiveness of services provided
by that
agency and the quality
and continuity of care, and may
review cost
elements, including
salary costs, of the services to
be provided.
A utilization
review
process shall be established as
part of the
contract for
services
entered into between a board and
a
community mental health
agency. The board may establish
this
process in a way
that is
most effective and efficient
in meeting
local needs. In the case
of a
contract with a
community mental
health facility, as defined in
section 5111.023 of the Revised
Code, to provide
services
listed in
division (B) of that section,
the contract
shall
provide for the
facility to be paid in
accordance with the
contract entered into between the
departments
of
job and
family
services and mental health under
section
5111.91 of the Revised Code and
any rules adopted under division
(A) of section
5119.61 of the
Revised Code.
If either the board or a
facility or community mental health
agency
with
which
the board contracts
under division (A)(8)(a)
of
this
section proposes not to renew the contract or proposes
substantial
changes in contract terms, the other party shall be
given written
notice at least one hundred twenty days before the
expiration date
of the contract. During the first sixty days of
this one hundred
twenty-day period, both parties shall attempt to
resolve any
dispute through good faith collaboration and
negotiation in order
to continue to provide services to persons
in
need. If the
dispute has not been resolved sixty days before
the
expiration
date of the contract, either party may notify the
department of
mental health of the unresolved dispute. The
director may require
both parties to submit the dispute to a
third
party with the cost
to be shared by the board and the
facility or
community
mental
health
agency. The third party shall issue to
the
board,
the
facility or agency,
and the department
recommendations
on how the
dispute
may be
resolved twenty days
prior to the
expiration date
of the
contract, unless both parties
agree to a
time extension.
The
director shall adopt rules
establishing the
procedures of this
dispute resolution process.
(b) With the prior approval of the director of mental
health,
a board may operate a
facility or provide a community
mental
health service as follows, if there
is no other qualified
private
or
public
facility or community
mental health agency that
is
immediately available and willing to
operate such
a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community
mental health service in order to
provide
essential services for the duration
of the emergency;
(ii) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a
facility or provide a community mental health service
for no
longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a
facility or provide a
community mental
health
service for no
longer than one year,
except
that such a board may operate a
facility or provide a
community mental health
service for more than one year with the
prior approval of the
director and the prior approval of the board
of county
commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(ii) or (iii) of this section
unless the
director
determines that
it is not feasible to have the
department
operate the
facility or provide the service.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(iii) of this section unless
the director
determines
that the
board will
provide greater
administrative
efficiency and
more or better
services than would
be available if
the board
contracted with a
private or public
facility or
community mental
health
agency.
The director shall not give a board approval to operate
a
facility previously
operated
by
a
person or other government
entity
unless the board has
established to the director's
satisfaction
that the
person or other government entity cannot
effectively
operate the
facility or
that
the
person or other
government entity has requested
the board to take over operation
of the
facility.
The director shall not give a board approval to
provide
a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate
a board's
operation
of
a facility and provision of community mental
health service
under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any
facility
or community
mental health agency, but
a facility or agency may
contract with a
board to
receive administrative services or staff
direction from
the board
under the direction of the governing body
of the
facility or agency.
(9) Approve fee schedules and related charges or adopt a
unit
cost schedule or other methods of payment for contract
services
provided by community mental health agencies in
accordance with
guidelines issued by the department as necessary
to comply with
state and federal laws pertaining to financial
assistance;
(10) Submit to the director and the county commissioners
of
the county or counties served by the board, and make available
to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where
appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services
and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial
and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual
individualized
assistance and advocacy to ensure that needed
services are offered
and procured.
(12) Designate the treatment program, agency,
or
facility
for
each person involuntarily committed to the board
pursuant to
Chapter 5122. of the Revised Code and authorize
payment for such
treatment. The board shall provide the least
restrictive and most
appropriate alternative that is available
for
any person
involuntarily committed to it and shall assure
that the
services
listed in section 340.09 of the Revised Code
are
available to
severely mentally disabled persons residing
within
its service
district. The board shall establish the
procedure for
authorizing
payment for services, which may include
prior
authorization in
appropriate circumstances. The board may
provide
for services
directly to a severely mentally disabled
person when
life or
safety is endangered and when no community
mental health
agency is
available to provide the service.
(13) Establish a method for evaluating
referrals for
involuntary commitment and affidavits filed pursuant
to section
5122.11 of the Revised Code in order to assist the
probate
division of the court of common pleas in determining
whether there
is probable cause that a respondent is subject to
involuntary
hospitalization and what alternative treatment is
available and
appropriate, if any;
(14) Ensure that apartments or rooms built,
subsidized,
renovated, rented, owned, or leased by the board or a
community
mental health agency have been approved as meeting
minimum fire
safety standards and that persons residing in the
rooms or
apartments are receiving appropriate and necessary
services,
including culturally relevant services, from a
community mental
health agency. This division does not apply to
residential
facilities licensed pursuant to section 5119.22 of
the Revised
Code.
(15) Establish a mechanism for involvement
of consumer
recommendation and advice on matters pertaining
to mental health
services in the alcohol, drug addiction, and
mental health service
district;
(16) Perform the duties under section 3722.18 of the
Revised
Code required by rules
adopted under section 5119.61 of
the
Revised Code
regarding referrals by the board or mental health
agencies under contract
with the board of individuals with mental
illness
or severe mental disability to adult care facilities and
effective
arrangements for ongoing mental health services for the
individuals. The
board is accountable in the manner specified in
the rules for ensuring that
the ongoing mental health services are
effectively arranged for the
individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and
mental health
services may receive by gift, grant, devise, or
bequest any
moneys, lands, or property for the benefit of the
purposes for
which the board is established, and may hold and
apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant,
or bequest
shall be deposited in the treasury of the county, the
treasurer of
which is custodian of the alcohol, drug addiction,
and mental
health services funds to the credit of the board and
shall be
available for use by the board for purposes stated by
the donor or
grantor.
(D) No board member or employee of a board of alcohol,
drug
addiction, and mental health services shall be liable for
injury
or damages caused by any action or inaction taken within
the scope
of the board member's official duties or the
employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the
Revised Code, unless such action or inaction constitutes
willful or wanton
misconduct. Chapter 2744. of the Revised Code
applies to any action or
inaction by a board member or employee of
a board taken within the scope of
the board member's official
duties or employee's employment. For the purposes
of this
division, the conduct of a board member or employee shall
not be
considered willful or wanton misconduct if the board
member or
employee acted in good faith and in a manner that the
board member
or employee
reasonably believed was in or was not opposed to the
best
interests of the board and, with respect to any criminal
action
or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a
board
of alcohol, drug addiction, and mental health services
shall
be
considered to be meetings of a public body subject to
section
121.22 of the Revised Code.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney or, if the township has
adopted
limited home rule government under
Chapter 504.
of the
Revised Code, with the
approval of the
specifications by
the
township's law director, purchase, lease, lease with an option to
purchase, or otherwise
provide any
fire
apparatus, mechanical
resuscitators, or other
equipment,
appliances, materials, fire
hydrants, and water supply
for
fire-fighting purposes that seems
advisable to the board.
The
board shall provide for the care and
maintenance of fire
equipment, and, for these purposes, may
purchase, lease, lease with an option to purchase, or
construct
and maintain necessary buildings, and it may establish
and
maintain lines of fire-alarm communications within the limits
of
the township. The board may employ one or more persons to
maintain
and operate fire-fighting equipment, or it may enter
into
an
agreement with a volunteer fire company for the use and
operation
of fire-fighting equipment. The board may compensate
the members
of a volunteer fire company on any basis and in any
amount that it
considers equitable.
When the estimated cost to purchase fire apparatus,
mechanical resuscitators, other equipment, appliances, materials,
fire hydrants, buildings, or fire-alarm communications equipment
or services exceeds fifty thousand dollars, the contract shall be
let by competitive bidding. When competitive bidding is required,
the board shall advertise for not less than two nor more than four
consecutive weeks in a newspaper of general circulation within the
township. The advertisement shall include the time, date, and
place where the clerk of the township, or the clerk's designee,
will read bids publicly. The time, date, and place of bid openings
may be extended to a later date by the board of township trustees,
provided that written or oral notice of the change shall be given
to all persons who have received or requested specifications not
later than ninety-six hours prior to the original time and date
fixed for the opening. The board may reject all the bids or accept
the lowest and best bid, provided that the successful bidder meets
the requirements of section 153.54 of the Revised Code when the
contract is for the construction, demolition, alteration, repair,
or reconstruction of an improvement.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination of these, may, through
joint action, unite in the joint purchase, lease, lease with an
option to purchase, maintenance, use, and
operation of
fire-fighting equipment, or for any other purpose
designated in
sections 505.37 to 505.42 of the Revised Code, and
may prorate the
expense of the joint action on any terms that are
mutually agreed
upon.
(C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township
that it considers necessary. The board may purchase, lease, lease
with an option to purchase, or
otherwise
provide any fire
apparatus, appliances, materials, fire
hydrants,
and water supply
for fire-fighting purposes, or may
contract for
the fire
protection for the fire district as
provided in section
9.60 of
the Revised Code. The fire district
so created shall be
given a
separate name by which it shall be
known.
Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution
authorizing the addition. A municipal corporation
that is within
or adjoining the township may be added to a fire
district upon the
board's adoption of a resolution authorizing
the addition and the
municipal legislative authority's adoption
of a resolution or
ordinance requesting the addition of the
municipal corporation to
the fire district.
If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred:
(1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district;
(2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional
territory;
(3) Approval of the tax by the electors of the territory
proposed for addition to the district.
Each resolution of the board adopted under division (C)(2)
of
this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district.
The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in
accordance with section 5705.19 of the Revised Code. The
election
required under division (C)(3) of this section shall be
held,
canvassed, and certified in the manner provided for the
submission
of tax levies under section 5705.25 of the Revised
Code, except
that the question appearing on the ballot shall
read:
"Shall the territory within ........................
(description of the proposed territory to be added) be added to
........................ (name) fire district, and a property tax
at a rate of taxation not exceeding ......
(here insert tax rate)
be in effect for .......... (here insert
the number of years the
tax is to be in effect or
"a continuing
period of time," as
applicable)?"
If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the
territory that has been added is a municipal corporation and
if it
had adopted a tax levy for fire purposes, the levy is
terminated
on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or
ordinance ordering withdrawal. On the first day of July of
the
year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of the district, and the power of the fire
district to levy
a
tax upon taxable property in the withdrawing municipal
corporation
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section,
the county auditor shall ascertain, apportion, and order
a
division of the funds on hand, moneys and taxes in the process
of
collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district.
A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption
of a resolution authorizing the removal. On the first
day of July
of the year following the adoption of the
resolution, the
unincorporated township territory described in
the resolution
ceases to be a part of the district,
and the power
of the fire
district to levy a tax upon taxable property in that
territory
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
(D) The board of township trustees of any township, the
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code, or the legislative authority
of any
municipal corporation may purchase, lease, or lease with an option
to purchase the necessary
fire-fighting equipment, buildings, and
sites for the township,
fire district, or municipal corporation
and issue securities for
that purpose
with maximum
maturities as
provided in section 133.20
of the Revised
Code. The board of
township trustees, board of
fire district trustees, or legislative
authority may also
construct any buildings necessary to house
fire-fighting
equipment
and
issue securities for that purpose with
maximum maturities as
provided in
section 133.20 of the Revised
Code.
The board of
township trustees, board of fire district
trustees,
or legislative
authority may issue the securities of the
township,
fire district,
or municipal corporation, signed by the
board or
designated
officer of the municipal corporation and
attested by
the signature
of the township fiscal officer, fire
district clerk, or municipal clerk,
covering any
deferred payments
and payable at the times
provided, which
securities shall bear
interest not to
exceed the rate
determined
as provided in section
9.95 of the Revised Code, and
shall not be
subject to Chapter 133.
of the Revised Code. The
legislation
authorizing the issuance of
the securities
shall provide
for
levying and collecting annually
by taxation, amounts
sufficient to
pay the interest on and
principal of the securities. The
securities shall be
offered for
sale on the open
market or given
to the vendor or contractor if no
sale is made.
Section 505.40 of the Revised Code does not apply to any
securities issued, or any lease with an option to purchase entered
into, in accordance with this division.
(E) A board of township trustees of any township or a
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code may purchase a policy or
policies of
liability insurance for the officers, employees, and
appointees of
the fire department, fire district, or joint fire
district
governed by the board that includes personal injury
liability
coverage as to the civil liability of those
officers,
employees,
and appointees for false arrest, detention, or
imprisonment,
malicious prosecution, libel, slander, defamation
or other
violation of the right of privacy, wrongful entry or
eviction, or
other invasion of the right of private occupancy,
arising out of
the performance of their duties.
When a board of township trustees cannot, by deed of gift
or
by purchase and upon terms it considers reasonable, procure
land
for a township fire station that is needed in order to
respond in
reasonable time to a fire or medical emergency, the
board may
appropriate land for that purpose under sections
163.01 to 163.22
of the Revised Code. If it is necessary to
acquire additional
adjacent land for enlarging or improving the
fire station, the
board may purchase, appropriate, or accept a
deed of gift for the
land for these purposes.
(F) As used in this division,
"emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.
A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio
medical transportation
board
license any emergency medical service organization
it
operates.
If the board
adopts such a resolution, Chapter 4766.
of
the
Revised Code,
except for
sections 4766.06 and 4766.99 of
the
Revised Code,
applies to the organization.
All rules adopted
under the
applicable sections of that chapter also apply
to the
organization. A board of township
trustees, by adoption of an
appropriate resolution, may remove
its emergency medical service
organization from the jurisdiction
of the Ohio
medical
transportation board.
Sec. 505.376. When any expenditure of a fire and ambulance
district,
other than for the compensation of district employees,
exceeds twenty-five fifty thousand
dollars, the contract for the
expenditure
shall be in writing and made with
the lowest and best
bidder after
advertising for not less than two nor more than four
consecutive
weeks in a newspaper of general circulation within the
district.
The bids
shall be opened and shall be publicly read by
the clerk
of the district, or
the clerk's designee, at the time,
date, and
place specified in the
advertisement to bidders or the
specifications. The time, date, and place of
bid openings may
be
extended to a later date by the board of trustees of the district,
provided
that written or oral notice of the change shall be given
to all persons who
have received or requested specifications no
later than ninety-six hours prior
to the original time and date
fixed for the opening.
Each bid on any contract shall contain the full name of every
person
interested in the bid. If the bid is for a contract for
the
construction,
demolition, alteration, repair, or
reconstruction of
an improvement, it shall
meet the requirements
of section 153.54
of the Revised Code.
If the bid is for any
other contract, it
shall be accompanied by a sufficient
bond or
certified check,
cashier's check, or money order on a solvent bank
or
savings and
loan association that, if the bid is accepted, a
contract will be
entered into and the performance of it will be
properly secured.
If the bid
for work embraces both labor and
material, it shall be
separately stated, with
the price of the labor and the material.
The board may reject any and all bids. The contract shall
be
between the district and the bidder, and the district shall pay
the
contract price in
cash. When a bonus is offered for
completion
of a contract prior to a
specified date, the board may
exact a
prorated penalty in like sum for each
day
of delay beyond
the
specified date. When there is reason to believe there is
collusion
or combination among bidders, the bids of those
concerned
shall
be rejected.
Sec. 505.705. A board of township trustees may agree to
appropriate township general
revenue fund moneys to, and may agree
to grant or lend moneys from the township general revenue fund to,
any political subdivision with authority to provide
water or,
sanitary sewerage services, or both, to storm water drainage
within the township, for the purpose of
providing moneys to the
political subdivision to pay for the planning of or actual costs,
fees, debt retirement, or any other expense, including, but not
limited to, administrative and professional fees, incurred in
supplying one or more of these purposes within the township, or
the planning of or actual construction,
maintenance, repair, and
or operation of water or, sanitary sewerage systems, or both, that
service storm water drainage within the township. A board of
township trustees that grants or lends moneys to a political
subdivision for this purpose shall expressly state the terms of
the grant or loan agreement in a written memorandum.
Sec. 517.08. The proceeds arising from the sale of cemetery
lots under
section 517.07 of the Revised Code shall be used in
maintaining, improving, beautifying, and embellishing
such
grounds, except that upon unanimous consent of the board of
township
trustees, such proceeds may be used in the purchase or
appropriation of
additional land for cemetery purposes in
accordance with sections 517.01 and
517.13 of the Revised Code;
and the board of township trustees may build and
maintain proper
and secure fences around all such cemeteries, to be paid for
from
the township funds.
Sec. 709.01. Territory may be annexed to, merged with, or
detached from, municipal
corporations, in the manner provided in
sections 709.01 to 709.47 of the
Revised Code. No this chapter,
provided that no territory lying within the boundaries of a
military base,
camp, or similar installation under the
jurisdiction of a military department
of the United States
government, that is used for the housing of members of
the armed
forces of the United States and is a center for military
operations
of the department shall be annexed to or merged with a
municipal corporation under sections
709.01 to 709.21 of the
Revised Code this chapter without the approval of the secretary of
defense of the United States, his the secretary's designee, or
other person having authority
under federal law to give such
approval.
Sec. 711.001. As used in
this chapter:
(A)
"Plat" means a map of a tract or parcel of land.
(B)
"Subdivision" means
either of the following:
(1) The division of any parcel of land shown as a unit or
as
contiguous units on the last preceding
general tax
list and
duplicate of real and public utility property, into two or
more
parcels, sites, or lots, any one of which is less than
five acres
for the purpose, whether immediate or future, of transfer
of
ownership, provided, however, that the following are exempt:
(a) A division or partition
of
land into parcels of more than
five acres not
involving any
new streets or easements of access;
(b) The sale or exchange of
parcels between adjoining lot
owners, where
that sale or
exchange
does not create additional
building sites;
(c) If the planning authority adopts a rule in accordance
with section 711.133 of the Revised Code that exempts from
division (B)(1) of this section any parcel of land that is four
acres or more, parcels in the size range delineated in that rule.
(2) The improvement of one or more parcels of land for
residential, commercial, or industrial structures or groups of
structures involving the division or allocation of land for the
opening, widening, or extension of any
public or private street or
streets, except
private streets serving industrial structures,
or
involving the
division or
allocation of land as open spaces for
common use by
owners,
occupants, or
leaseholders or
as easements
for the extension and
maintenance of public
or
private sewer,
water, storm
drainage, or other
similar
facilities.
(C) "Household sewage treatment system" has the same meaning
as in section 3709.091 of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of
the
submission. Within five days of submission of the plat, the
board
shall schedule a meeting to consider the plat and send a
written
notice by regular mail to
the fiscal officer of the board of
township trustees of the township in
which the plat is located and
the board of health of the health district in which the plat is
located. The notice shall inform the trustees
and the board of
health of the submission of the plat and of the date, time, and
location
of any meeting at which the board of county commissioners
will
consider or act upon the proposed plat. The meeting shall
take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners.
The approval of the board required by section
711.041 of the
Revised Code or the refusal to approve shall take
place within
thirty days from the date of submission or such
further time as
the applying party may agree to in writing;
otherwise, the plat is
deemed approved and may be recorded as if
bearing such approval.
(B) The board may adopt general rules
governing plats and
subdivisions of land falling within its
jurisdiction, to secure
and provide for the coordination of the
streets within the
subdivision with existing streets and roads or
with existing
county highways, for the proper amount of open
spaces for traffic,
circulation, and utilities, and for the
avoidance of future
congestion of population detrimental to the
public health, safety,
or welfare, but shall not impose a greater
minimum lot area than
forty-eight hundred square feet.
Before the board may amend or
adopt rules, it shall notify all the townships in the county of
the proposed amendments or rules by regular mail at least thirty
days before the public meeting at which the proposed amendments
or
rules are to be considered.
The rules
may require the board of health to review and
comment
on a plat before the board of county commissioners acts
upon it
and may also require proof of compliance with any
applicable
zoning resolutions, and with rules governing household
sewage treatment rules adopted under section 3718.02 of the
Revised Code systems, as a
basis for approval of a plat. Where
under
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, the general rules may require the submission of
appropriate plans and specifications for approval. The board
shall
not require the person submitting the plat to alter the
plat or
any part of it as a condition for approval, as long as
the plat is
in accordance with general rules governing plats and
subdivisions
of land, adopted by the board as provided in this
section, in
effect at the time the plat was submitted and the
plat is in
accordance with any standards and specifications set
up under
section 711.101 of the Revised Code, in effect at the
time the
plat was submitted.
(C) The ground of
refusal to approve
any plat, submitted in
accordance with section 711.041 of the
Revised Code, shall be
stated upon the record of the board, and,
within sixty days
thereafter, the person submitting any plat
that the board refuses
to approve may file a petition in
the
court of common pleas of the
county in which the land described
in the plat is situated to
review the action of the board.
A
board of township trustees is
not entitled to appeal a decision
of the board of county
commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, no plat of a
subdivision of
land within the county or region, other than land
within a
municipal corporation or land within three miles of a
city or one
and one-half miles of a village as provided in
section 711.09 of
the Revised Code, shall be recorded until it is
approved by the
county or regional planning commission
under division (C) of this
section and the
approval is endorsed in writing on the plat.
(B)
A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the
commission requires this submission, it shall
provide for a review process
for the preliminary plan. Under this
review process, the planning commission
shall give its approval,
its approval with conditions, or its disapproval of
each
preliminary plan. The commission's decision shall be in writing,
shall
be under the signature of the secretary of the commission,
and shall be issued
within thirty-five business days after the
submission of the preliminary plan to
the
commission. The
disapproval of a preliminary plan shall state the reasons for
the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve,
conditionally approve, or refuse to approve a plat under
division (C)
of this section.
(C) Within five calendar days
after
the submission of a plat
for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
to the fiscal
officer of the
board of
township trustees of the
township in which
the plat is
located and the board of health of the health district
in which the plat is located. The notice
shall
inform the trustees
and the board of health of the submission
of the plat and of
the
date, time, and location of any meeting at
which the county
or
regional planning commission will consider or
act upon the
plat.
The meeting shall take place within
thirty
calendar days
after
submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning
commission sent the notice.
The approval of the
county or regional planning commission,
the commission's conditional approval as described in this
division,
or the refusal
of the commission to approve shall be
endorsed on the plat within
thirty
calendar days after
the
submission of the plat for approval
under this division or
within
such further time as the applying party may agree to in
writing;
otherwise that plat is deemed approved, and the
certificate of the
commission as to the date of the
submission of the plat for
approval
under this division and the
failure to take
action on it
within that time shall
be sufficient
in lieu of
the written
endorsement or evidence of approval
required by this
division.
A county or regional planning commission
may grant
conditional approval under this division to a plat by
requiring a
person submitting the plat to alter the plat or any
part of it,
within a specified period after the end of the thirty
calendar
days, as a condition for
final approval
under
this division.
Once
all the conditions have
been met within the specified period, the
commission shall cause
its final approval under this division to
be endorsed
on the plat.
No
plat shall be recorded until it is
endorsed with the
commission's final or
unconditional approval
under this division.
The
ground of refusal of approval of any plat submitted
under
this division, including
citation of or reference to the rule
violated by the plat, shall
be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after
the refusal
under this division, the person submitting any
plat
that the
commission refuses to approve
under this
division
may
file a petition in the court of common pleas of the
proper
county,
and the proceedings on the petition shall be
governed by
section 711.09
of the Revised Code as in the case of
the refusal
of a planning
authority to approve a plat. A board of
township
trustees is not
entitled to appeal a decision of the
commission
under this
division.
A county or regional planning commission shall adopt
general
rules, of uniform application, governing plats and
subdivisions of
land falling within its jurisdiction, to secure
and provide for
the proper arrangement of streets or other
highways in relation to
existing or planned streets or highways
or to the county or
regional plan, for adequate and convenient
open spaces for
traffic, utilities, access of
firefighting
apparatus, recreation,
light, and air, and for the avoidance of
congestion of population.
The rules may provide for their
modification by the
commission in
specific cases where unusual
topographical and
other exceptional
conditions require the
modification. The
rules may require the
board of
health to review and
comment on a plat before the
commission acts upon it and
also may
require proof of compliance
with any applicable zoning resolutions, and with rules governing
household sewage treatment rules adopted under section 3718.02 of
the Revised Code systems,
as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules,
the
commission shall hold a public
hearing
on the
adoption or
amendment. Notice of the public
hearing shall be
sent to all
townships in the county or region by
regular mail or electronic
mail at least thirty business days before the
hearing. No
county
or regional planning commission shall adopt
any rules
requiring
actual construction of streets or other
improvements or
facilities
or assurance of that construction as a
condition
precedent to the
approval of a plat of a subdivision
unless
the requirements have
first been adopted by the board of
county
commissioners after a
public hearing.
A copy of the rules
shall be certified by the
planning commission to the county
recorders
of the appropriate
counties.
After a county or regional street
or highway plan has been
adopted as provided in this section, the
approval of plats and
subdivisions provided for in this section
shall be in lieu of any
approvals provided for in other sections
of the Revised Code,
insofar as the territory within the approving
jurisdiction of
the
county or regional planning commission, as
provided in this
section, is concerned. Approval of a plat shall
not be an
acceptance by the public of the dedication of any
street, highway,
or other way or open space shown upon the plat.
No county or regional planning commission shall require a
person submitting a plat to alter the plat or any part of it as
long as the plat is in accordance with the general rules governing
plats and subdivisions of land, adopted by the commission as
provided in this section, in effect at the time the plat is
submitted.
A county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
(D) As used in this section, "business day" means a day of
the week excluding Saturday, Sunday, or a legal holiday as defined
in section 1.14 of the Revised Code.
Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13
of
the Revised Code and except as provided in division (C) of this
section, unless the rules adopted under section 711.05, 711.09, or
711.10 of the Revised Code are amended pursuant to division (B) of
this section, a proposed
division of a parcel of land along an
existing public street, not
involving the opening, widening, or
extension of any street or
road, and involving no more than five
lots after the original
tract has been completely subdivided, may
be submitted to the planning
authority having approving
jurisdiction of
plats under
section 711.05, 711.09, or 711.10 of
the Revised
Code
for approval without plat. If
the authority
acting
through
a
properly designated representative
finds
that
a
proposed division is not contrary to applicable
platting,
subdividing,
zoning, health, sanitary,
or access management
regulations, regulations adopted under division (B)(3) of section
307.37 of the Revised Code regarding existing surface or
subsurface drainage, or rules governing household sewage treatment
rules adopted
under section 3718.02 of the Revised Code,
including, but not
limited to, rules governing household sewage
disposal systems, systems, it shall
approve
the proposed
division
within seven
business days after its submission and, on
presentation of a
conveyance of
the parcel,
shall stamp the
conveyance
"approved by
(planning authority); no
plat required"
and have it
signed by its
clerk, secretary, or
other official as
may be
designated by it.
The planning authority
may require the
submission of a sketch and
other information
that
is
pertinent
to
its determination
under
this division.
(B)
For a period of up to two years after the effective date
of
this amendment April 15, 2005, the rules adopted under section
711.05, 711.09,
or 711.10 of the Revised Code
may be amended
within that
period to authorize the planning authority
involved to
approve
proposed divisions of parcels of land without plat under
this
division. If an authority so amends its rules, it may approve
no
more
than five lots without a plat from an original tract as
that original tract
exists on the
effective date of the amendment
to the rules. The
authority shall make the
findings and approve a
proposed division
in the time and manner specified in
division (A)
of this section.
(C) This section does not apply to parcels subject to section
711.133 of the Revised Code.
(D)
As used in this section:
(1),
"Business business day" means a day of the week
excluding Saturday, Sunday, or a legal holiday as defined in
section 1.14 of the Revised Code.
(2) "Household sewage disposal system" has the same meaning
as in section
3709.091 of the Revised Code.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's
federal taxable income before net operating losses and special
deductions as determined under the Internal Revenue Code, adjusted
as follows:
(a) Deduct intangible income to the extent included in
federal taxable income. The deduction shall be allowed regardless
of whether the intangible income relates to assets used in a trade
or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income
deducted under division (A)(1)(a) of this section, but excluding
that portion of intangible income directly related to the sale,
exchange, or other disposition of property described in section
1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation
of federal taxable income if the losses directly relate to the
sale, exchange, or other disposition of an asset described in
section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this
section, deduct income and gain included in federal taxable income
to the extent the income and gain directly relate to the sale,
exchange, or other disposition of an asset described in section
1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to
the extent the income or gain is income or gain described in
section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a
deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and
regulated investment company, add all amounts with respect to
dividends to, distributions to, or amounts set aside for or
credited to the benefit of investors and allowed as a deduction in
the computation of federal taxable income;
(g) If the taxpayer is not a C corporation and is not an
individual, the taxpayer shall compute adjusted federal taxable
income as if the taxpayer were a C corporation, except:
(i) Guaranteed payments and other similar amounts paid or
accrued to a partner, former partner, member, or former member
shall not be allowed as a deductible expense; and
(ii) Amounts paid or accrued to a qualified self-employed
retirement plan with respect to an owner or owner-employee of the
taxpayer, amounts paid or accrued to or for health insurance for
an owner or owner-employee, and amounts paid or accrued to or for
life insurance for an owner or owner-employee shall not be allowed
as a deduction.
Nothing in division (A)(1) of this section shall be construed
as allowing the taxpayer to add or deduct any amount more than
once or shall be construed as allowing any taxpayer to deduct any
amount paid to or accrued for purposes of federal self-employment
tax.
Nothing in this chapter shall be construed as limiting or
removing the ability of any municipal corporation to administer,
audit, and enforce the provisions of its municipal income tax.
(2)
"Internal Revenue Code" means the Internal Revenue Code
of
1986, 100
Stat. 2085, 26 U.S.C. 1, as amended.
(3)
"Schedule C" means internal revenue service schedule C
filed by a
taxpayer pursuant to the Internal Revenue Code.
(4)
"Form 2106" means internal revenue service form 2106
filed by a taxpayer
pursuant to the Internal Revenue Code.
(5)
"Intangible income" means income of any of the following
types: income
yield, interest, capital gains, dividends, or other
income arising
from the ownership, sale,
exchange, or other
disposition of
intangible property including, but not
limited to,
investments,
deposits, money, or credits as those terms are
defined in Chapter
5701. of the Revised Code, and patents,
copyrights, trademarks, tradenames, investments in real estate
investment trusts, investments in regulated investment companies,
and appreciation on deferred compensation. "Intangible income"
does not include prizes, awards, or other income associated with
any lottery winnings or other similar games of chance.
(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004,
"net profit" for a taxpayer other than an individual means
adjusted federal taxable income and "net profit" for a taxpayer
who is an individual means the individual's profit, other than
amounts described in division (F) of this section, required to be
reported on schedule C, schedule E, or schedule F.
(8) "Taxpayer" means a person subject to a tax on income
levied by a municipal corporation. Except as provided in division
(J) of this section, "taxpayer" does not include any person that
is a disregarded entity or a qualifying subchapter S subsidiary
for federal income tax purposes, but "taxpayer" includes any other
person who owns the disregarded entity or qualifying subchapter S
subsidiary.
(9) "Taxable year" means the corresponding tax reporting
period as prescribed for the taxpayer under the Internal Revenue
Code.
(10) "Tax administrator" means the individual charged with
direct responsibility for administration of a tax on income levied
by a municipal corporation and includes:
(a) The central collection agency and the regional income tax
agency and their successors in interest, and other entities
organized to perform functions similar to those performed by the
central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another
municipal corporation; and
(c) Persons retained by a municipal corporation to administer
a tax levied by the municipal corporation, but only if the
municipal corporation does not compensate the person in whole or
in part on a contingency basis.
(11) "Person" includes individuals, firms, companies,
business trusts, estates, trusts, partnerships, limited liability
companies, associations, corporations, governmental entities, and
any other entity.
(12) "Schedule E" means internal revenue service schedule E
filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F
filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation
shall tax income at other than
a uniform
rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess
of one per cent without having obtained the
approval of the excess by a
majority of the electors of the
municipality voting on the question at a
general, primary, or
special election. The legislative authority of the
municipal
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the
ordinance
together with a resolution specifying the date the
election is to be held and
directing the board of elections to
conduct the election. The ballot shall be
in the following form:
"Shall the Ordinance providing for a ... per cent levy
on income
for (Brief description of the purpose of the proposed levy) be
passed?
|
|
FOR THE INCOME TAX |
|
|
|
AGAINST THE INCOME TAX |
" |
In the event of an affirmative vote, the proceeds of the
levy
may be used only for the specified purpose.
(D)(1) Except as provided in division (E) or (F) of
this
section, no municipal corporation shall exempt from
a tax on
income compensation for
personal services of individuals
over
eighteen years of age or the net profit
from a business or
profession.
(2)(a) For taxable years beginning on or after January 1,
2004, no municipal corporation shall tax the net profit from a
business or profession using any base other than the taxpayer's
adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any
taxpayer required to file a return under section 5745.03 of the
Revised Code or to the net profit from a sole proprietorship.
(E) The legislative authority of a municipal corporation may,
by ordinance or resolution, exempt from withholding and from a tax
on income the following:
(1) Compensation arising from the sale, exchange, or other
disposition of a stock option, the exercise of a stock option, or
the sale, exchange, or other disposition of stock purchased under
a stock option; or
(2) Compensation attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code.
If
an individual's
taxable income includes income against
which the taxpayer has taken a
deduction for federal income tax
purposes as reportable on the taxpayer's form
2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's
taxable income an amount equal to the deduction shown
on such form allowable
against such income, to the extent not
otherwise so allowed as a deduction by
the municipal corporation.
In the case of a taxpayer who has a net profit
from a
business or
profession that is operated as a sole proprietorship,
no
municipal
corporation may tax or use as the base for
determining the amount
of
the net profit that shall be considered
as having a taxable
situs in the
municipal corporation, an amount
other than the net profit required to be reported by the taxpayer
on schedule C or F from such sole proprietorship for the taxable
year.
In the case of a taxpayer who has a net profit from rental
activity required to be reported on schedule E, no municipal
corporation may tax or use as the base for determining the amount
of the net profit that shall be considered as having a taxable
situs in the municipal corporation, an amount other than the net
profit from rental activities required to be reported by the
taxpayer on schedule E for the taxable year.
(F) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the
United States and of members of their reserve
components, including the Ohio
national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or
educational institutions to the extent
that such income is derived from
tax-exempt real estate,
tax-exempt tangible or intangible property, or
tax-exempt
activities;
(3) Except as otherwise provided in division (G) of this
section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of
the
Revised Code to
a person serving as a precinct election
official,
to the extent that such
compensation does not exceed one
thousand
dollars annually. Such compensation
in excess of one
thousand
dollars may be subjected to taxation by a municipal
corporation. A
municipal corporation shall not require the payer
of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit
authority, or regional transit commission created
under Chapter 306. of the
Revised Code for operating a transit bus
or other motor vehicle for the
authority or commission in or
through the municipal corporation, unless the
bus or vehicle is
operated on a regularly scheduled route, the operator is
subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located
within the municipal corporation;
(6) The income of a public utility, when that public utility
is
subject to the tax levied under section 5727.24 or 5727.30 of
the Revised
Code, except a municipal
corporation may tax the
following, subject to
Chapter 5745. of the
Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (F)(6) of this section, "combined
company," "electric
company," and "telephone company" have
the
same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from
federal
gross income pursuant to section 107 of the Internal
Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident
individual to the extent prohibited under
section
718.011 of the Revised Code;
(9)(a) Except as provided in division (F)(9)(b) and (c) of
this section, an S
corporation
shareholder's distributive share of
net
profits of the
S
corporation, other than any part of the
distributive share of
net
profits that represents
wages as defined
in section 3121(a) of
the Internal Revenue Code or net earnings
from self-employment as
defined in section 1402(a) of the Internal
Revenue Code.
(b) If, pursuant to division (H) of former section 718.01 of
the Revised Code as it existed before March 11,2004, a majority of
the electors of a municipal corporation voted in favor of the
question at an election held on November 4, 2003, the municipal
corporation may continue after 2002 to tax an S corporation
shareholder's distributive share of net profits of an S
corporation.
(c) If, on December 6, 2002, a municipal corporation was
imposing, assessing, and collecting a tax on an S corporation
shareholder's distributive share of net profits of the S
corporation to the extent the distributive share would be
allocated or apportioned to this state under divisions (B)(1) and
(2) of section 5733.05 of the Revised Code if the S corporation
were a corporation subject to taxes imposed under Chapter 5733. of
the Revised Code, the municipal corporation may continue to impose
the tax on such distributive shares to the extent such shares
would be so allocated or apportioned to this state only until
December 31, 2004, unless a majority of the electors of the
municipal corporation voting on the question of continuing to tax
such shares after that date vote in favor of that question at an
election held November 2, 2004. If a majority of those electors
vote in favor of the question, the municipal corporation may
continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.
(d) For the purposes of division (D) of section 718.14 of the
Revised Code, a municipal corporation shall be deemed to have
elected to tax S corporation shareholders' distributive shares of
net profits of the S corporation in the hands of the shareholders
if a majority of the electors of a municipal corporation vote in
favor of a question at an election held under division (F)(9)(b)
or (c) of this section. The municipal corporation shall specify by
ordinance or rule that the tax applies to the distributive share
of a shareholder of an S corporation in the hands of the
shareholder of the S corporation.
(10) Employee compensation that is not "qualifying wages" as
defined in section 718.03 of the Revised Code;
(11) Beginning August 1, 2007, compensation paid to a person
employed within the
boundaries of a United States air force base
under
the jurisdiction of the United States
air force that is
used for the housing of members of the United States air force and
is a center for air force
operations, unless the person is
subject to taxation because of residence or domicile. If the
compensation is subject to taxation because of residence or
domicile, municipal income tax shall be payable only to the
municipal corporation of residence or domicile.
(G) Any municipal corporation that taxes any type of
intangible income on
March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No.
238 of the 116th general
assembly, may continue to tax that type of income
after 1988 if a
majority of the electors of the municipal corporation voting
on
the question of whether to permit the taxation of that type of
intangible
income after 1988 vote in favor thereof at an election
held on November 8,
1988.
(H) Nothing in this section or section 718.02 of the Revised
Code
shall authorize the levy of any tax on income that a
municipal
corporation is not
authorized to levy under existing
laws or shall require a municipal
corporation to allow a deduction
from taxable income for losses incurred from
a sole proprietorship
or partnership.
(I)(1) Nothing in this chapter prohibits a municipal
corporation from allowing, by resolution or ordinance, a net
operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation
to allow a net operating loss carryforward.
(J)(1) A single member limited liability company that is a
disregarded entity for federal tax purposes may elect to be a
separate taxpayer from its single member in all Ohio municipal
corporations in which it either filed as a separate taxpayer or
did not file for its taxable year ending in 2003, if all of the
following conditions are met:
(a) The limited liability company's single member is also a
limited liability company;
(b) The limited liability company and its single member were
formed and doing business in one or more Ohio municipal
corporations for at least five years before January 1, 2004;
(c) Not later than December 31, 2004, the limited liability
company and its single member each make an election to be treated
as a separate taxpayer under division (J) of this section;
(d) The limited liability company was not formed for the
purpose of evading or reducing Ohio municipal corporation income
tax liability of the limited liability company or its single
member;
(e) The Ohio municipal corporation that is the primary place
of business of the sole member of the limited liability company
consents to the election.
(2) For purposes of division (J)(1)(e) of this section, a
municipal corporation is the primary place of business of a
limited liability company if, for the limited liability company's
taxable year ending in 2003, its income tax liability is greater
in that municipal corporation than in any other municipal
corporation in Ohio, and that tax liability to that municipal
corporation for its taxable year ending in 2003 is at least four
hundred thousand dollars.
Sec. 718.03. (A) As used in this section:
(1) "Other payer" means any person, other than an
individual's employer or the employer's agent, that pays an
individual any amount included in the federal gross income of the
individual.
(2) "Qualifying wages" means wages, as defined in section
3121(a) of the Internal Revenue Code, without regard to any wage
limitations, adjusted as follows:
(a) Deduct any the following amounts:
(i) Any amount included in wages if the amount constitutes
compensation attributable to a plan or program described in
section 125 of the Internal Revenue Code;
(ii) For purposes of division (B) of this section, any amount
included in wages if the amount constitutes payment on account of
sickness or accident disability.
(b) Add the following amounts:
(i) Any amount not included in wages solely because the
employee was employed by the employer prior to April 1, 1986;
(ii) Any amount not included in wages because the amount
arises from the sale, exchange, or other disposition of a stock
option, the exercise of a stock option, or the sale, exchange, or
other disposition of stock purchased under a stock option and the
municipal corporation has not, by resolution or ordinance,
exempted the amount from withholding and tax. Division
(A)(2)(b)(ii) of this section applies only to those amounts
constituting ordinary income.
(iii) Any amount not included in wages if the amount is an
amount described in section 401(k) or 457 of the Internal Revenue
Code. Division (A)(2)(b)(iii) of this section applies only to
employee contributions and employee deferrals.
(iv) Any amount that is supplemental unemployment
compensation benefits described in section 3402(o)(2) of the
Internal Revenue Code and not included in wages.
(c) Deduct any amount attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code if the compensation is included in wages
and has, by resolution or ordinance, been exempted from taxation
by the municipal corporation.
(d) Deduct any amount included in wages if the amount arises
from the sale, exchange, or other disposition of a stock option,
the exercise of a stock option, or the sale, exchange, or other
disposition of stock purchased under a stock option and the
municipal corporation has, by resolution or ordinance, exempted
the amount from withholding and tax.
(B) For taxable years beginning after 2003, no municipal
corporation shall require any employer or any agent of any
employer or any other payer, to withhold tax with respect to any
amount other than qualifying wages. Nothing in this section
prohibits an employer from withholding tax on a basis greater than
qualifying wages.
(C) An employer is not required to make any withholding with
respect to an individual's disqualifying disposition of an
incentive stock option if, at the time of the disqualifying
disposition, the individual is not an employee of the corporation
with respect to whose stock the option has been issued.
(D)(1) An employee is not relieved from liability for a tax
by the failure of the employer to withhold the tax as required by
a municipal corporation or by the employer's exemption from the
requirement to withhold the tax.
(2) The failure of an employer to remit to the municipal
corporation the tax withheld relieves the employee from liability
for that tax unless the employee colluded with the employer in
connection with the failure to remit the tax withheld.
(E) Compensation deferred before the effective date of this
amendment June 26, 2003, is not subject to any municipal
corporation income tax or municipal income tax withholding
requirement to the extent the deferred compensation does not
constitute qualifying wages at the time the deferred compensation
is paid or distributed.
Sec. 718.13. (A) Any information gained as a result of
returns, investigations, hearings, or verifications required or
authorized by this chapter or by a charter or ordinance of a
municipal corporation levying an income tax pursuant to this
chapter is confidential, and no person shall disclose such
information except in accordance with a proper judicial order or
in connection with the performance of that person's official
duties or the official business of the municipal corporation as
authorized by this chapter or the charter or ordinance
authorizing
the levy. The tax administrator of the municipal
corporation may
furnish copies of returns filed under this
chapter to the internal
revenue service and to the tax
commissioner.
(B) This section does not prohibit the legislative authority
of a municipal corporation, by ordinance or resolution, from
authorizing the tax administrator to publish statistics in a form
that does not disclose information with respect to particular
taxpayers.
Sec. 901.171. The department of agriculture may promote the
use of
Ohio-produced agricultural goods, including natural spring
water, through the issuance of logotypes to
qualified producers
and processors under a promotional certification program
to be
developed and administered by the division of markets.
Pursuant to rules adopted under Chapter 119. of the Revised
Code, the
department may establish reasonable fees and criteria
for participation in the
program. All such fees shall be credited
to the general revenue fund and used
to finance the program.
Sec. 901.261. The director of agriculture, in conducting
investigations, inquiries, or hearings, may assess the party to an
action that is brought before the department of agriculture
pursuant to Chapter 119. of the Revised Code the actual costs
incurred by the department for depositions, investigations,
issuance and service of subpoenas, witness fees, employment of a
stenographer and hearing officer, and the production of books,
accounts, papers, records, documents, and testimony if the
applicable hearing officer determines that the party to the action
has failed to comply with any chapter of the Revised Code or any
rule adopted under any of those chapters that is administered by
the director or if the hearing officer determines that the action
was frivolous conduct by the party. Assessment of costs under this
section may be appealed to a court of competent jurisdiction.
Nothing in this section shall be construed to apply to
investigations, inquiries, or hearings conducted under Chapter
4741. of the Revised Code.
Sec. 1503.05. (A) The chief of the division of forestry may
sell timber and other forest products from the state forest and
state
forest nurseries whenever the chief considers such a sale
desirable and,
with the approval of the attorney general and the
director of natural
resources, may sell portions of the state
forest lands when such
a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber
sale
agreement shall not be executed unless the person or
governmental
entity bidding on the sale executes and files a
surety bond
conditioned on completion of the timber sale in
accordance with
the terms of the agreement in an amount equal to
twenty-five per
cent of the highest value cutting section. All
bonds shall be
given in a form prescribed by the chief and shall
run to the
state as obligee.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the attorney in fact thereof, with a
certified copy of
the
power of attorney attached. The chief shall not approve the
bond
unless there is attached a certificate of the superintendent
of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
In lieu of a bond, the bidder may deposit any of the
following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value
equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable
letters
of credit issued by any bank organized or transacting
business in
this state having a par value equal to or greater
than the amount
of the bond.
The cash or securities shall be deposited on the same terms
as bonds. If one or more certificates of deposit are deposited
in
lieu of a bond, the chief shall require the bank that issued
any
of the certificates to pledge securities of the aggregate
market
value equal to the amount of the certificate or
certificates that
is in excess of the amount insured by the
federal deposit
insurance corporation. The securities to be
pledged shall be those
designated as eligible under section
135.18 of the Revised Code.
The securities shall be security for
the repayment of the
certificate or certificates of deposit.
Immediately upon a deposit of cash, securities,
certificates
of deposit, or letters of credit, the chief shall
deliver them to
the treasurer of state, who shall hold them in
trust for the
purposes for which they have been deposited. The
treasurer of
state is responsible for the safekeeping of the
deposits. A bidder
making a deposit of cash, securities,
certificates of deposit, or
letters of credit may withdraw and
receive from the treasurer of
state, on the written order of the
chief, all or any portion of
the cash, securities, certificates
of deposit, or letters of
credit upon depositing with the
treasurer of state cash, other
United States government
securities, or other negotiable
certificates of deposit or
irrevocable letters of credit issued by
any bank organized or
transacting business in this state, equal in
par value to the par
value of the cash, securities, certificates
of deposit, or
letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state
all interest or other income from any such securities or
certificates as it becomes due. If securities so deposited with
and in the possession of the treasurer of state mature or are
called for payment by their issuer, the
treasurer of state,
at the
request of the bidder who deposited them, shall convert
the
proceeds of the redemption or payment of the securities into
other
United States government securities, negotiable
certificates of
deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency
has
failed to comply with the conditions of the person's or
governmental agency's bond, the chief shall
make a finding of that
fact and declare the bond, cash,
securities, certificates, or
letters of credit forfeited. The
chief thereupon shall certify the
total forfeiture to the
attorney general, who shall proceed to
collect the amount of the
bond, cash, securities, certificates, or
letters of credit.
In lieu of total forfeiture, the surety, at its option, may
cause the timber sale to be completed or pay to the treasurer of
state the cost thereof.
All moneys collected as a result of forfeitures of bonds,
cash, securities, certificates, and letters of credit under this
section shall be credited to the state forest fund created in
this
section.
(C) The chief may grant easements and leases on portions of
the
state forest lands and state forest nurseries under terms
that
are advantageous to the
state, and the chief may grant mineral
rights on a royalty
basis on those lands and nurseries, with
the
approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands,
or
in payment for easements or leases on or as rents from
those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the
state forest fund, which is hereby
created. In addition, all moneys received
from federal grants,
payments, and reimbursements, from the sale of reforestation tree
stock, from the sale of forest products, other than
standing
timber, and from the sale of minerals taken from the state forest
lands and state
forest nurseries,
together with royalties from
mineral rights, shall be paid into
the state treasury to the
credit of the state forest fund. Any other revenues derived from
the operation of the state forests and related facilities or
equipment also shall be paid into the state treasury to the credit
of the state forest fund, as shall contributions received for the
issuance of Smokey Bear license plates under section 4503.574 of
the Revised Code and any other moneys required by law to be
deposited in the fund.
The state forest fund shall not be expended for any purpose
other than the administration, operation, maintenance,
development, or utilization of the state forests, forest
nurseries, and forest programs, for facilities or equipment
incident to them, or for the further purchase of lands for state
forest or forest nursery purposes and, in the case of
contributions received pursuant to section 4503.574 of the Revised
Code, for fire prevention purposes.
All moneys received from the sale of standing timber taken
from state forest lands and state forest nurseries shall be
deposited into the state treasury to the credit of the forestry
holding account redistribution fund, which is hereby created. The
moneys shall remain in the fund until they are redistributed in
accordance with this division.
The redistribution shall occur at least once each year. To
begin the redistribution, the chief first shall determine the
amount of all standing timber sold from state forest lands and
state forest
nurseries, together with the amount of the total sale
proceeds, in
each county, in each township within the county, and
in each school district
within the county. The chief next shall
determine the amount of the direct costs that the division of
forestry incurred in association with the sale of that standing
timber. The amount of the direct costs shall be subtracted from
the amount of the total sale proceeds and shall be transferred
from the forestry holding account redistribution fund to the state
forest fund.
The remaining amount of the total sale proceeds equals the
net value of the standing timber that was sold. The chief shall
determine the net value of standing timber sold from state forest
lands and state forest nurseries in each county, in each township
within the county, and in each school district within the county
and shall send to each county treasurer a copy of the
determination at the time that moneys are paid to the county
treasurer under this division.
Twenty-five per cent of the net value of standing timber sold
from state forest lands and state forest nurseries located in a
county shall be transferred from the forestry holding account
redistribution fund to the state forest fund. Ten per cent of that
net value shall be transferred from the forestry holding account
redistribution fund to the general revenue fund. The remaining
sixty-five per cent of the net value shall be transferred from the
forestry holding account redistribution fund and paid to the
county treasurer for the use of the general fund of that county.
The county
auditor shall do all
of the following:
(1) Retain for the use of the general fund of the county
one-fourth of the
amount received by the county under division (D)
of this section;
(2) Pay into the
general fund of any township located within
the county and
containing such lands and nurseries one-fourth of
the amount received
by the
county from standing timber sold from
lands and
nurseries
located in the township;
(3) Request the board of education of any school district
located within
the county and containing such lands and nurseries
to identify which
fund or funds of the
district should receive the
moneys available to the school district under
division (D)(3) of
this section. After receiving notice from the
board, the county
auditor shall pay into the fund or funds so identified
one-half of
the amount received by the county from standing timber sold from
lands and nurseries located in the school district,
distributed
proportionately as identified by the board.
The division of forestry shall not
supply logs, lumber, or
other forest products or minerals, taken
from the state forest
lands or state forest nurseries, to any other
agency or
subdivision
of the state unless payment is made therefor in the
amount of the
actual prevailing value thereof. This section is
applicable to
the moneys so received.
Sec. 1504.02. (A) The division of real estate and land
management shall do all of the following:
(1) Except as otherwise provided in the Revised Code,
coordinate and conduct all real estate functions for the
department of natural resources, including at least acquisitions
by purchase, lease, gift, devise, bequest, appropriation, or
otherwise; grants through sales, leases, exchanges, easements,
and
licenses; inventories of land; and other related general
management duties;
(2) Assist the department and its divisions by providing
department-wide planning, including at least master planning,
comprehensive planning, capital improvements planning, and
special
purpose planning such as trails coordination and planning
under
section 1519.03 of the Revised Code;
(3) On behalf of the director of natural resources,
administer the coastal management program established under
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised
Code and consult with and provide coordination among state
agencies, political subdivisions, the United States and agencies
of it, and interstate, regional, and areawide agencies to assist
the director in executing the director's duties and
responsibilities under
that program and to assist the department
as the lead agency for
the development and implementation of the
program;
(4) On behalf of the director, administer sections 1506.10
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;
(5) Cooperate with the United States and agencies of it
and
with political subdivisions in administering federal
recreation
moneys under the "Land and Water Conservation Fund Act
of 1965,"
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare
and
distribute the statewide comprehensive outdoor recreation
plan;
and administer the state recreational vehicle fund created
in
section 4519.11 of the Revised Code;
(6)(4)(a) Support the geographic information system needs for
the department as requested by the director, which shall include,
but not be limited to, all of the following:
(i) Assisting in the training and education of department
resource managers, administrators, and other staff in the
application and use of geographic information system
technology;
(ii) Providing technical support to the department in the
design, preparation of data, and use of appropriate geographic
information system applications in order to help solve resource
related problems and to improve the effectiveness and efficiency
of department delivered services;
(iii) Creating, maintaining, and documenting spatial
digital
data bases for the division and for other divisions as
assigned by
the director.
(b) Provide information to and otherwise assist government
officials, planners, and resource managers in understanding land
use planning and resource management;
(c) Provide continuing assistance to local government
officials and others in natural resource digital data base
development and in applying and utilizing the geographic
information system for land use planning, current agricultural
use
value assessment, development reviews, coastal management,
and
other resource management activities;
(d) Coordinate and administer the remote sensing needs of
the
department, including the collection and analysis of aerial
photography, satellite data, and other data pertaining to land,
water, and other resources of the state;
(e) Prepare and publish maps and digital data relating to
the
state's land use and land cover over time on a local,
regional,
and statewide basis;
(f) Locate and distribute hard copy maps, digital data,
aerial photography, and other resource data and information to
government agencies and the public.
(7)(5) Prepare special studies and execute any other duties,
functions, and responsibilities requested by the director.
(B) The division may do any of the following:
(1) Coordinate such environmental matters concerning the
department and the state as are necessary to comply with the
"National Environmental Policy Act of 1969," 83 Stat. 852, 42
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251,
as
amended, and regulations adopted under those acts;
(2) With the approval of the director, coordinate and
administer compensatory mitigation grant programs and other
programs for streams and wetlands as approved in accordance with
certifications and permits issued under sections 401 and 404 of
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33
U.S.C.A. 1251, as amended, by the environmental protection agency
and the United States army corps of engineers;
(3) Administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director.
Sec. 1506.01. As used in this chapter:
(A) "Coastal area" means the waters of Lake Erie, the
islands
in the lake, and the lands under and adjacent to the
lake,
including transitional areas, wetlands, and beaches. The
coastal
area extends in Lake Erie to the international boundary
line
between the United States and Canada and landward only to
the
extent necessary to include shorelands, the uses of which
have a
direct and significant impact on coastal waters as
determined by
the director of natural resources.
(B) "Coastal management program" means the comprehensive
action of the state and its political subdivisions cooperatively
to preserve, protect, develop, restore, or enhance the resources
of the coastal area and to ensure wise use of the land and water
resources of the coastal area, giving attention to natural,
cultural, historic, and aesthetic values; agricultural,
recreational, energy, and economic needs; and the national
interest. "Coastal management program" includes the
establishment
of objectives, policies, standards, and criteria
concerning,
without limitation, protection of air, water,
wildlife, rare and
endangered species, wetlands and natural
areas, and other natural
resources in the coastal area;
management of coastal development
and redevelopment; preservation
and restoration of historic,
cultural, and aesthetic coastal
features; and public access to the
coastal area for recreation
purposes.
(C) "Coastal management program document" means a
comprehensive statement consisting of, without limitation, text,
maps, and illustrations that is adopted by the director in
accordance with this chapter, describes the objectives, policies,
standards, and criteria of the coastal management program for
guiding public and private uses of lands and waters in the
coastal
area, lists the governmental agencies, including, without
limitation, state agencies, involved in implementing the coastal
management program, describes their applicable policies and
programs, and cites the statutes and rules under which they may
adopt and implement those policies and programs.
(D) "Person" means any agency of this state, any political
subdivision of this state or of the United States, and any legal
entity defined as a person under section 1.59 of the Revised
Code.
(E) "Director" means the director of natural resources or
the
director's designee.
(F) "Permanent structure" means any residential,
commercial,
industrial, institutional, or agricultural building,
any mobile
home as defined in division
(O) of section 4501.01 of the
Revised
Code, any manufactured home as defined in division (C)(4)
of
section 3781.06 of the Revised Code, and any septic system that
receives
sewage from a single-family, two-family, or three-family
dwelling, but does
not
include any recreational vehicle as defined
in section 4501.01 of
the Revised Code.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" as defined in section 111.15 of the Revised
Code.
(H) "Coastal flood hazard area" means any territory within
the coastal area that has been identified as a flood hazard area
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,
42 U.S.C.A. 4002, as amended.
(I) "Coastal erosion area" means any
territory included in
Lake Erie coastal erosion areas
identified by the director under
section 1506.06 of the Revised Code.
(J) "Conservancy district" means a conservancy district that
is established under Chapter 6101. of the Revised Code.
(K) "Park board" means the board of park commissioners of a
park district that is created under Chapter 1545. of the Revised
Code.
(L) "Erosion control structure" means a structure that is
designed solely and specifically to reduce or control erosion of
the shore along or near Lake Erie, including, without limitation,
revetments, seawalls, bulkheads, certain breakwaters, and similar
structures.
(M) "Shore structure" includes, but is not limited to,
beaches; groins; revetments; bulkheads; seawalls; breakwaters;
certain dikes designated by the chief of the division of water;
piers; docks; jetties; wharves; marinas; boat ramps; any
associated fill or debris used as part of the construction of
shore structures that may affect shore erosion, wave action, or
inundation; and fill or debris that is placed along or near the
shore, including bluffs, banks, or beach ridges, for the purpose
of stabilizing slopes.
Sec. 1521.20 1506.38. The chief director of the
division of
water
natural resources shall act as the erosion agent
of the
state for the purpose of cooperating with the secretary
of the
army, acting through the chief of engineers of the United
States
army corps of engineers in the department of defense. The chief
director shall
cooperate with the secretary in carrying out, and
may conduct,
investigations and studies of conditions along the
shorelines of Lake Erie and of the bays and projections
therefrom,
and of the islands therein, within the territorial
waters of the
state, with a view to devising and perfecting
economical and
effective methods and works for preventing,
correcting, and
controlling shore erosion and damage
therefrom and
controlling the
inundation of improved property by
the waters of Lake Erie, its
bays, and associated inlets.
Sec. 1521.21 1506.39. The chief director of the
division of
water natural resources, in the discharge of the
chief's
director's duties under sections
1507.20 1506.38 to 1507.30
1506.48 of the
Revised Code, may call to
the chief's director's
assistance, temporarily, any engineers
or other employees in
any
state department, or in the Ohio state university or other
educational institutions financed wholly or in part by the state,
for the purpose of devising the most effective and economical
methods of controlling shore erosion
and damage from it and
controlling the inundation of improved
property by the waters of
Lake Erie and
its bays and associated inlets.
Such engineers and employees shall not receive any
additional
compensation over that which they receive from the
departments or
institutions by which they are employed, but they shall be
reimbursed for their actual necessary expenses incurred while
working under the direction of the chief director on erosion and
inundation projects.
Sec. 1521.22 1506.40. No person shall construct a beach,
groin, or other structure to control erosion, wave action, or
inundation along or near the
Ohio shoreline of Lake Erie,
including related islands, bays, and inlets,
without
first
obtaining a
shore structure permit from
the chief of the division
director of water. The natural resources.
The application for a shore structure
permit shall include
detailed
plans and specifications prepared by a professional
engineer registered under
Chapter 4733. of the Revised Code. An
applicant shall provide
appropriate
evidence of compliance with
any applicable provisions of this chapter
and Chapters 1505. and
1506. 1521. of the Revised Code, as determined by
the chief
director. A temporary shore structure permit
may be issued by the
chief or an authorized representative of the chief director if it
is determined necessary to safeguard life, health, or property.
Each application or reapplication for a permit under this
section shall be
accompanied by a non-refundable fee as
the chief
director shall prescribe by rule.
If the application is approved,
the chief director shall
issue a permit to the applicant authorizing
construction of
the
project. If requested in writing by the applicant
within thirty
days of issuance of a notice of disapproval of the
application,
the chief director shall conduct an
adjudication hearing under
Chapter 119. of the Revised Code,
except sections 119.12 and
119.121 of the Revised Code. After
reviewing the record of the
hearing, the chief director shall
issue a final order approving
the
application, disapproving it, or approving it conditioned on
the making of
specified revisions
in the plans and specifications.
The chief director, by rule, shall limit the period during
which a
construction
permit issued under this section is valid and
shall establish reapplication
requirements governing a
construction permit that expires before construction
is completed.
In accordance with Chapter 119. of the Revised Code, the
chief
director shall
adopt, and may amend or rescind, such rules
as are necessary for the
administration, implementation, and
enforcement of this section.
Sec. 1521.23 1506.41. All moneys derived from the granting
of
permits
and leases under section 1505.07 of the Revised Code
for the
removal of sand, gravel, stone, gas, oil, and other
minerals and substances
from and under the bed of Lake Erie and
from applications
for shore structure permits submitted under
section
1521.22 1506.40 of
the Revised Code shall be paid into the
state treasury to the credit
of the permit and lease fund, which
is hereby created. Notwithstanding
any section of the Revised Code
relating to the distribution
or crediting of fines for violations
of the Revised Code,
all fines imposed under division (A) of
section 1505.99 of the Revised Code and under division (C) of
section
1521.99 1506.99 of
the Revised Code shall be paid into
that fund. The fund
shall be administered by the department of
natural
resources for the protection of Lake Erie shores and
waters; investigation and control of erosion; the
planning,
development, and construction of facilities for recreational
use
of Lake Erie; implementation of section 1521.22
1506.40 of the
Revised Code; preparation of the state shore erosion plan
under
section 1521.29 1506.47 of the Revised Code; and
state
administration of Lake Erie coastal erosion areas
under sections
1506.06 and 1506.07 of the Revised Code.
Sec. 1521.24 1506.42. The state, acting through the chief
director of the division of
water natural resources, subject to
section
1521.28 1506.46 of the Revised Code, may enter into
agreements
with
counties, townships, municipal corporations, park
boards, and
conservancy districts, other political subdivisions,
or any state
departments or divisions for the purpose of
constructing and
maintaining projects to control
erosion
along the
Ohio shoreline of Lake Erie and in any rivers and bays that are
connected with Lake Erie and any other watercourses that flow into
Lake Erie.
Such
projects also may be constructed on any Lake Erie
island that is situated within the boundaries of the state.
The cost of such shore erosion projects that are for the
benefit of public littoral property shall be prorated on the
basis
of two-thirds of the total cost to the state through
appropriations made to the division department of water natural
resources and
one-third of the cost to the counties, townships,
municipal
corporations, park boards, conservancy districts, or
other political
subdivisions.
If a shore erosion emergency is declared by the governor,
the
state, acting through the chief director, may spend whatever
state
funds are available to alleviate shore erosion, without
participation by any political subdivision, regardless of whether
the project will benefit public or private littoral property.
A board of county commissioners, acting for the county
over
which it has jurisdiction, may enter into and carry out
agreements
with the chief director for the construction and
maintenance of
projects to control
shore
erosion. In providing the funds for the
county's proportionate
share of the cost of constructing and
maintaining the projects
referred to in this section, the board
shall be governed by and
may issue and refund bonds in accordance
with Chapter 133. of the
Revised Code.
A municipal corporation or a township, acting through the
legislative authority or the board of township trustees, may
enter
into and carry out agreements with the chief director for
the
purpose of constructing and maintaining projects to control shore
erosion. In providing the funds
for
the municipal corporation's or
township's proportionate share of
the cost of constructing and
maintaining the projects referred to
in this section, a municipal
corporation or township may issue
and refund bonds in accordance
with Chapter 133. of the Revised
Code. The contract shall be
executed on behalf of the municipal
corporation or township by the
mayor, city manager, or other
chief executive officer who has the
authority to act for the
municipal corporation or township.
Conservancy districts may enter into and carry out
agreements
with the chief director, in accordance with the intent
of this
section, under the powers conferred upon conservancy
districts
under Chapter 6101. of the Revised Code.
Park boards may enter into and carry out agreements with
the
chief director, in accordance with the intent of this
section, and
issue bonds for that purpose under the powers
conferred upon park
districts under Chapter 1545. of the Revised Code.
The chief director shall approve and supervise all projects
that are to be constructed in accordance with this section. The
chief director shall not proceed with the construction of any
project until all funds that are to be paid by the county,
township,
municipal corporation, park board, or conservancy
district, in
accordance with the terms of the agreement entered
into between
the chief director and the county, township,
municipal corporation,
park board, or conservancy district, are in
the chief's
director's possession and
deposited in the shore
erosion fund, which is hereby created in
the state treasury. If
the chief director finds it to be in the
best interests of the
state to construct projects as set forth in
this section by the
state itself, without the financial
contribution of counties,
townships, municipal corporations, park boards, or
conservancy
districts, the chief director may construct the
projects.
In deciding whether to assist a county or municipal
corporation in constructing and maintaining a project under this
section, the state, acting through the chief director, shall
consider, among other factors, whether the county or municipal
corporation has adopted or is in the process of adopting a Lake
Erie coastal erosion area resolution or
ordinance under division
(D) of section 1506.07 of the Revised Code.
All projects constructed by the state in conformity with
sections 1521.20 1506.38 to 1521.28 1506.46 of
the Revised Code
shall be
constructed subject to sections 153.01 to 153.20 of the
Revised
Code, except that the state architect and engineer is not
required to prepare the plans and specifications for those
projects.
Sec. 1521.25 1506.43. The chief director of the
division of
water natural resources may
enter into a contract with any county,
township,
municipal corporation, conservancy
district, or park
board that has an agreement with the state in
accordance with
section 1521.24 1506.42 of the Revised Code
for the construction
of a shore erosion project. No contract shall be let
until all
money that is to be
paid by the political subdivision entering
into the agreement has been
deposited in the shore erosion fund
created in that section
1521.24 of the Revised
Code,
and no
contract shall be valid until approved by the director of natural
resources.
Sec. 1521.26 1506.44. (A) A board of county
commissioners
may use a loan obtained under division
(C) of this section to
provide
financial assistance to any person who owns real property
in a
coastal erosion area, as defined in section 1506.01 of the
Revised Code, and who has received a
permit under section 1521.22
1506.40 of the
Revised Code to construct an erosion
control
structure in that coastal erosion area. The board shall enter into
an
agreement with
the person that complies with all of the
following
requirements:
(1) The agreement shall identify the person's real property
for which the
erosion control structure is being constructed and
shall include a legal
description of that property and a reference
to the volume and page of the
deed record in which the title of
that person to that property is recorded.
(2) In accordance with rules
adopted by the Ohio water
development authority under division
(V) of section 6121.04 of the
Revised
Code for the purposes of
division (C) of this section
and
pursuant to an agreement between the board and the authority
under
that division, the board shall agree to cause payments to
be made
by the authority to the contractor hired by the person
to
construct an erosion control structure in amounts not to
exceed
the total amount specified in the agreement between the
board and
the person.
(3) The person shall agree to pay to the board, or to the
authority as the
assignee pursuant to division (C) of this
section, the total amount
of the payments plus administrative or
other costs of the board or the
authority at times, in
installments, and bearing interest as specified in the
agreement.
The agreement may contain additional provisions that the
board determines
necessary to safeguard the interests of the
county or to comply with an
agreement entered into under division
(C) of this section.
(B) Upon entering into an agreement under division
(A) of
this section, the board
shall do all of the following:
(1) Cause the agreement to be recorded in the county deed
records in
the office of the county recorder of the county in
which the
real property is situated. Failure to record the
agreement
does not affect the validity of the agreement or the
collection
of any amounts due under the agreement.
(2) Establish by resolution an erosion
control repayment fund
into which shall be deposited all amounts
collected under division
(B)(3)
of this section. Moneys in that fund shall be used by the
board
for the repayment of the loan and for administrative or
other
costs of the board or the authority as specified in an
agreement
entered into under division (C)
of this section. If the
amount of money in the fund is inadequate to repay
the loan when
due, the board of county commissioners, by resolution, may
advance
money from any other fund in order to repay the loan if that use
of
the money from the other fund is not in conflict with law.
If
the board so advances money in order to repay the loan, the board
subsequently shall reimburse each fund from which the board
advances money
with moneys from the erosion control repayment
fund.
(3) Bill and collect all amounts when due
under the agreement
entered into under division
(A) of this section. The board shall
certify amounts
not paid when due to the county auditor, who shall
enter the amounts on the
real property tax list and duplicate
against the property identified under
division (A)(1) of this
section. The amounts not
paid when due shall be a lien on that
property from the date on which the
amounts are placed on the tax
list and duplicate and shall be collected in the
same manner as
other taxes.
(C) A board may apply to the authority for a loan for the
purpose
of entering into agreements under division (A) of this
section. The
loan shall be for an amount and on the terms
established in an agreement
between the board and the authority.
The board may assign any agreements
entered into under division
(A) of
this section to the authority in order to provide for the
repayment of the
loan and may pledge any lawfully available
revenues to the repayment of the
loan, provided that no moneys
raised by taxation shall be obligated or pledged
by the board for
the repayment of the loan. Any agreement with the authority
pursuant to this division is not subject to Chapter 133. of the
Revised Code or any
requirements or limitations established in
that chapter.
(D) The authority, as
assignee of any agreement pursuant to
division
(C) of this section, may
enforce and compel the board and
the county auditor by mandamus
pursuant to Chapter 2731. of
the
Revised Code to comply with division (B) of
this section in a
timely manner.
(E) The construction of an erosion control structure by a
contractor hired by an individual homeowner, group of individual
homeowners,
or homeowners association that enters into an
agreement with a board under
division (A) of this section is not a
public improvement, as defined
in section 4115.03 of the Revised
Code, and is not subject to competitive
bidding or public
bond
laws.
Sec. 1521.27 1506.45. The state, or any county, township,
municipal corporation,
conservancy district, or park board that
has entered into a contract under
section 1521.25 1506.43 of the
Revised Code, may acquire lands
by gift or devise,
purchase, or
appropriation. In case of appropriation, the proceedings shall
be
instituted in the name of the state or the political subdivision
and shall
be
conducted in the manner provided for the
appropriation of private property by
the state or the political
subdivision insofar as those proceedings are
applicable. Either
the fee or any lesser interest may be acquired as the
state or the
political subdivision considers advisable.
Sec. 1521.28 1506.46. Any action taken by the chief
director
of the division of
water natural resources under sections
1521.20
1506.38 to 1521.30 1506.48 of the Revised Code shall
not be deemed
in conflict with certain powers and duties conferred upon and
delegated to federal agencies and to municipal corporations under
Section 7 of
Article XVIII, Ohio Constitution, or as provided by
sections 721.04 to 721.11
of the Revised Code.
Sec. 1521.29 1506.47. The chief director of the
division of
water natural resources, in
cooperation with appropriate offices
and divisions, including the division of geological survey, may
prepare a plan for
the management of shore erosion in the state
along
Lake Erie, its bays, and associated inlets, revise the plan
whenever it can be made more effective, and make the plan
available for public
inspection. In the preparation of the plan,
the chief
director may employ
such existing plans as are
available.
The chief director also may establish a program to
provide
technical
assistance on shore erosion control measures to
municipal corporations,
counties, townships, conservancy
districts, park boards, and shoreline
property
owners.
Sec. 1521.30 1506.48. Upon application of any owner of real
property damaged or
destroyed by shore erosion, the county auditor
of the county in which the
real property is situated shall cause a
reappraisal to be made and shall
place the property on the tax
list at its true value in money.
Whenever the county auditor finds that ninety per cent or
more of the
area of any littoral parcel of land appearing upon the
tax duplicate has been
eroded and lies within the natural
boundaries of Lake Erie and that the
remainder of the parcel, if
any, has no taxable value, the
auditor may certify that
finding to
the county board of revision. Upon consideration thereof, the
board
may authorize removal of the parcel from the tax duplicate
and cancellation
of all current and delinquent taxes, assessments,
interest, and penalties
charged against the parcel.
Sec. 1506.99. (A) Whoever violates division (A) of section
1506.09 of the
Revised Code shall be fined not less than one
hundred nor more than five
hundred dollars for each offense.
(B) Whoever violates division (K) of section 1506.32 of the
Revised Code is
guilty of a misdemeanor of the third degree.
(C) Whoever violates sections 1506.38 to 1506.48 of the
Revised Code shall be fined not less than one hundred dollars nor
more than five hundred dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 1513.08. (A) After a coal mining and reclamation
permit
application has been approved, but before the permit is
issued,
the applicant shall file with the chief of
the division of mineral
resources
management, on a form prescribed and furnished by
the
chief,
the performance security required under this section.
(B) Using the information contained in the permit
application; the requirements contained in the approved permit and
reclamation plan; and, after considering the topography, geology,
hydrology, and revegetation potential of the area of the approved
permit, the probable difficulty of reclamation; the chief shall
determine the estimated cost of
reclamation under the initial term
of the permit if the reclamation has to be performed by the
division of mineral resources management in the event of
forfeiture of the performance security by the applicant. The chief
shall send written notice of the amount of the estimated cost of
reclamation by certified mail to the applicant. The applicant
shall send written notice to the chief indicating the method by
which the applicant will provide the performance security pursuant
to division (C) of this section.
(C) The applicant shall provide the performance security in
an amount using one of the following:
(1) If the applicant elects to provide performance security
without reliance on the reclamation forfeiture fund created in
section 1513.18 of the Revised Code, the amount of the estimated
cost of reclamation as determined by the chief under division (B)
of this section for the increments of land on which the operator
will conduct a coal mining and reclamation operation under the
initial term of the permit as indicated in the application;
(2) If the applicant elects to provide performance security
together with reliance on the reclamation forfeiture fund through
payment of the additional tax on the severance of coal that is
levied under division (A)(8) of section 5749.02 of the Revised
Code, an amount of twenty-five hundred dollars per acre of land on
which the operator will conduct coal mining and reclamation under
the initial term of the permit as indicated in the application.
However, in order for an applicant to be eligible to provide
performance security in accordance with division (C)(2) of this
section, an the applicant, an owner and controller of the
applicant, or an affiliate of the applicant shall have held a
permit issued under this chapter for any coal mining and
reclamation operation for a period of not less than five years. In
the event of forfeiture of performance security that was provided
in accordance with division (C)(2) of this section, the difference
between the amount of that performance security and the estimated
cost of reclamation as determined by the chief under division (B)
of this section shall be obtained from money in the reclamation
forfeiture fund as needed to complete the reclamation.
The performance security provided under division (C) of this
section for the entire area to be mined under one permit issued
under this chapter shall not be less than ten thousand dollars.
The performance security shall cover areas of
land affected
by mining within or immediately adjacent to the permitted area,
so
long as the total number of acres does not exceed the number of
acres
for which the performance security is provided. However, the
authority for
the performance security to cover areas of land
immediately adjacent to the permitted
area does not authorize a
permittee to mine areas outside an
approved permit area. As
succeeding increments of coal mining
and reclamation operations
are to be initiated and conducted
within the permit area, the
permittee shall file with the chief
additional performance
security to cover the increments in accordance
with this section.
If a permittee intends to mine areas outside the approved permit
area, the permittee shall provide additional performance security
in accordance with this section to cover the areas to be mined.
An applicant shall provide performance security in accordance
with division (C)(1) of this section in the full amount of the
estimated cost of reclamation as determined by the chief for a
permitted coal preparation plant or coal refuse disposal area that
is not located within a permitted area of a mine. A permittee
shall provide the performance security not later than one year
after the effective date of this amendment April 6, 2007, for a
permitted coal preparation plant or coal refuse disposal area that
is in existence on the effective date of this amendment April 6,
2007, and that is not located within a permitted area of a mine.
(D) A permittee's liability under the performance security
shall be limited to the obligations established under the permit,
which include completion of the reclamation plan in order to make
the land capable of supporting the postmining land use that was
approved in the permit. The period of liability under the
performance security shall be for the duration of
the coal mining
and reclamation operation and for a period
coincident with the
operator's responsibility for revegetation
requirements under
section 1513.16 of the Revised Code.
(E) The amount of the estimated cost of reclamation
determined under division (B) of this section and the amount of a
permittee's performance security provided in accordance with
division (C)(1) of this section may be adjusted by the chief as
the land that is affected by mining increases or decreases or if
the cost of reclamation increases or decreases. If the performance
security was provided in accordance with division (C)(2) of this
section and the chief has issued a cessation order under division
(D)(2) of section 1513.02 of the Revised Code for failure to abate
a violation of the contemporaneous reclamation requirement under
division (A)(15) of section 1513.16 of the Revised Code, the chief
may require the permittee to increase the amount of performance
security from twenty-five hundred dollars per acre of land to five
thousand dollars per acre of land.
The chief shall notify the permittee, each surety, and any
person who has a property interest in the performance security and
who has requested to be notified of any proposed adjustment to the
performance security. The permittee may request an informal
conference with the chief concerning the proposed adjustment, and
the chief shall provide such an informal conference.
If the chief increases the amount of performance security
under this division, the permittee shall provide additional
performance security in an amount determined by the chief. If the
chief decreases the amount of performance security under this
division, the chief shall determine the amount of the reduction of
the performance security and send written notice of the amount of
reduction to the permittee. The permittee may reduce the amount of
the performance security in the amount determined by the chief.
(F) A permittee may request a reduction in the amount of the
performance security by submitting to the chief documentation
proving that the amount of the performance security provided by
the permittee exceeds the estimated cost of reclamation if the
reclamation would have to be performed by the division in the
event of forfeiture of the performance security. The chief shall
examine the documentation and determine whether the permittee's
performance security exceeds the estimated cost of reclamation. If
the chief determines that the performance security exceeds that
estimated cost, the chief shall determine the amount of the
reduction of the performance security and send written notice of
the amount to the permittee. The permittee may reduce the amount
of the performance security in the amount determined by the chief.
Adjustments in the amount of performance security under this
division shall not be considered release of performance security
and are not subject to section 1513.16 of the Revised Code.
(G) If the performance security is a bond, it
shall be
executed by the operator and a corporate surety licensed
to do
business in this state. If the performance security is a cash
deposit or negotiable certificates of
deposit of a bank or savings
and loan association, the bank or savings and loan association
shall be licensed and operating in this state. The cash deposit or
market value of the securities shall be equal to or greater than
the amount of the performance security required under this
section. The chief shall review any documents pertaining to the
performance security and approve or disapprove the documents. The
chief shall notify the applicant of the chief's determination.
(H) If the performance security is a bond, the chief may
accept the bond of the applicant itself
without separate surety
when the applicant demonstrates to the
satisfaction of the chief
the existence of a suitable agent to
receive service of process
and a history of financial solvency
and continuous operation
sufficient for authorization to
self-insure or bond the amount.
(I) Performance security provided under this section may be
held in trust, provided that the state is the conditional
beneficiary of the trust and the custodian of the performance
security held in trust is a bank, trust company, or other
financial institution that is licensed and operating in this
state. The chief shall review the trust document and approve or
disapprove the document. The chief shall notify the applicant of
the chief's determination.
(J) If a surety, bank, savings and loan association, trust
company, or other financial institution that holds the performance
security required under this section becomes insolvent, the
permittee shall notify the chief of the insolvency, and the chief
shall order the permittee to submit a plan for replacement
performance security within thirty days after receipt of notice
from the chief. If the permittee provided performance security in
accordance with division (C)(1) of this section, the permittee
shall provide the replacement performance security within ninety
days after receipt of notice from the chief. If the permittee
provided performance security in accordance with division (C)(2)
of this section, the permittee shall provide the replacement
performance security within one year after receipt of notice from
the chief, and, for a period of one year after the permittee's
receipt of notice from the chief or until the permittee provides
the replacement performance security, whichever occurs first,
money in the reclamation forfeiture fund shall be the permittee's
replacement performance security in an amount not to exceed the
estimated cost of reclamation as determined by the chief.
(K) A permittee's responsibility for repairing material
damage and replacement of water supply resulting from subsidence
may be satisfied by liability insurance required under this
chapter in lieu of the permittee's performance security if the
liability insurance policy contains terms and conditions that
specifically provide coverage for repairing material damage and
replacement of water supply resulting from subsidence.
(L) If the performance security provided in accordance with
this section exceeds the estimated cost of reclamation, the chief
may authorize the amount of the performance security that exceeds
the estimated cost of reclamation together with any interest or
other earnings on the performance security to be paid to the
permittee.
(M) A permittee that held a valid coal mining and reclamation
permit immediately prior to April 6, 2007, shall provide, not
later than a date established by the chief, performance security
in accordance with division (C)(1) or (2) of this section, rather
than in accordance with the law as it existed prior to that date,
by filing it with the chief on a form that the chief prescribes
and furnishes. Accordingly, for purposes of this section,
"applicant" is deemed to include such a permittee.
(N) As used in this section:
(1) "Affiliate of the applicant" means an entity that has a
parent entity in common with the applicant.
(2) "Owner and controller of the applicant" means a person
that has any relationship with the applicant that gives the person
authority to determine directly or indirectly the manner in which
the applicant conducts coal mining operations.
Sec. 1513.18. (A) All money that becomes the property of
the
state under division (G) of section 1513.16
of the
Revised Code
shall be deposited in the reclamation forfeiture
fund, which is
hereby created in the state treasury. Disbursements from the
fund
shall be made by the chief of the
division of mineral resources
management for the purpose of reclaiming areas
of land affected by
coal mining under a coal mining and
reclamation permit issued on
or after September 1, 1981, on which
an operator has defaulted.
(B) The fund also shall consist of all money from the
collection of liens under section 1513.081 of the
Revised
Code,
any moneys transferred to
it under section 1513.181 of the
Revised
Code from the coal mining and
reclamation reserve fund created in
that section, fines collected under division (E) of section
1513.02 and section 1513.99 of the Revised Code, fines collected
for a violation of section 2921.31 of the Revised Code that, prior
to July 1, 1996, would have been a violation of division (G) of
section 1513.17 of the Revised Code as it existed prior to that
date, and moneys
collected and credited to it pursuant to section
5749.02 of the
Revised
Code.
Disbursements from the fund shall be
made by
the chief in accordance with division (D) of this section
for the purpose of reclaiming areas
that an operator has affected
by mining and failed to
reclaim under a coal mining and
reclamation permit issued under
this chapter or under a surface
mining permit issued under
Chapter 1514. of the
Revised
Code.
The chief may expend moneys from the
fund to pay necessary
administrative costs,
including engineering and design services,
incurred by the
division of mineral resources management in
reclaiming these areas. The chief also may expend moneys from the
fund to pay necessary administrative costs of the reclamation
forfeiture fund advisory board created in section 1513.182 of the
Revised Code as authorized by the board under that section.
Expenditures from the fund to pay such administrative
costs need
not be made under contract.
(C) Except when paying necessary administrative costs
authorized by division (B) of this section, expenditures from
the
fund shall be made under contracts entered into by
the
chief, with
the approval of the director of natural resources, in
accordance
with procedures established by the chief, by rules
adopted in
accordance with section 1513.02 of the Revised Code.
The chief
may reclaim the land in the same manner as set forth in
sections
1513.21 to 1513.24 of the Revised Code. Each contract
awarded by
the chief shall be awarded to the lowest responsive
and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after sealed bids are received, opened, and
published at the time and place fixed by the chief. The chief
shall publish notice of the time and place at which bids will be
received, opened, and published, at least once and at least ten
days before the date of the opening of the bids, in a newspaper
of
general circulation in the county in which the area of land to
be
reclaimed under the contract is located. If, after
advertising, no
bids are received at the time and
place fixed for receiving them,
the chief may advertise again for
bids, or, if the chief considers
the public interest will
best be
served, the chief may enter into
a contract for the
reclamation of the area of
land without further
advertisement for bids. The chief may
reject any or all bids
received and again publish notice of the
time and place at which
bids for contracts will be received,
opened, and published. The
chief, with the approval of the
director, may enter into a
contract with the landowner, a coal mine operator
or surface mine
operator mining under a current, valid permit issued under
this
chapter or Chapter 1514. of the Revised Code, or a contractor
hired by
the surety or trustee, if the performance security is
held in trust, to complete reclamation to carry out reclamation on
land affected by coal mining on which an operator has defaulted
without advertising for bids.
(D)(1) The chief shall expend money credited to the
reclamation
forfeiture fund from the forfeiture of the performance
security applicable to
an area of land to pay for the cost of the
reclamation of the land.
(2) If the performance security for the area of land was
provided under division (C)(1) of section 1513.08 of the Revised
Code, the chief shall use the money from the forfeited performance
security to complete the reclamation that the operator failed to
do under the operator's applicable coal mining and reclamation
permit issued under this chapter.
(3) If the performance security for the area of land was
provided under division (C)(2) of section 1513.08 of the Revised
Code, the chief shall use the money from the forfeited performance
security to complete the reclamation that the operator failed to
do under the operator's applicable coal mining and reclamation
permit issued under this chapter. If the money credited to the
reclamation forfeiture fund from the forfeiture of the performance
security provided under division (C)(2) of section 1513.08 of the
Revised Code is not sufficient to complete the reclamation, the
chief shall notify the reclamation forfeiture fund advisory board
of the amount of the insufficiency. The chief may expend money
credited to the reclamation forfeiture fund under section 5749.02
of the Revised Code or transferred to the fund under section
1513.181 of the Revised Code to complete the reclamation. The
chief shall not expend money from the fund in an amount that
exceeds the difference between the amount of the performance
security provided under division (C)(2) of section 1513.08 of the
Revised Code and the estimated cost of reclamation as determined
by the chief under divisions (B) and (E) of that section.
(4) Money from the reclamation forfeiture fund shall not be
used for reclamation of land or water resources affected by
material damage from subsidence, or mine drainage that requires
extended water treatment after reclamation is completed under the
terms of the permit, or coal preparation plants or coal refuse
disposal areas not located within a permitted area of a mine if
performance security for the area of land was provided under
division (C)(2) of section 1513.08 of the Revised Code. In
addition, money from the reclamation forfeiture fund shall not be
used to supplement the performance security of an applicant or
permittee that has provided performance security in accordance
with division (C)(1) of section 1513.08 of the Revised Code.
(E) The chief shall keep a detailed accounting of the
expenditures from the reclamation forfeiture fund
to complete
reclamation of the land and, upon completion of the
reclamation,
shall certify the expenditures to the attorney
general. Upon the
chief's certification of the expenditures from
the reclamation
forfeiture fund, the attorney general
shall bring an action for
that amount of money. The operator is
liable for that expense in
addition to any other
liabilities
imposed by law. Moneys so
recovered shall be credited to the
reclamation forfeiture fund.
The chief shall not postpone
the
reclamation because of any action
brought by the attorney general
under this division. Prior to
completing reclamation, the chief
may collect through the attorney
general any additional amount
that the chief believes will be
necessary for reclamation in
excess of the forfeited performance
security amount applicable to the land that
the operator should
have, but failed to, reclaim.
(F) Except as otherwise provided in division (H) of this
section, if any part of the moneys in the reclamation
forfeiture
fund remains in the fund after the chief has caused the area of
land to be reclaimed and has paid all the reclamation costs and
expenses, the chief may expend those moneys to complete other
reclamation work performed under this section on forfeiture areas
affected under a coal mining and reclamation permit issued on or
after September 1, 1981.
(G) The chief shall require every contractor performing
reclamation work pursuant to this section to pay workers at the
greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate
paid in this state for the same or similar work as determined by
the chief under section 1513.02 of the Revised Code.
(H) All investment earnings of the fund shall be credited to
the fund and shall be used only for the reclamation of land for
which performance security was provided under division (C)(2) of
section 1513.08 of the Revised Code.
Sec. 1514.081. (A) As used in this section:
(1) "Lime mining wastes" means residual solid or semisolid
materials generated from lime or limestone
mining and processing
calcining, lime processing, or lime manufacturing
operations,
including, without limitation, lime kiln dust,
scrubber sludge
from lime kiln operations, lime or limestone
materials not
meeting
product specification, lime hydrating
materials, and other lime or
limestone mining manufacturing, processing, or
calcining materials
associated with lime or
limestone mining or
processing. "Lime
mining wastes" does not include materials
generated from the
manufacture of cement.
(2) "Beneficial use" means the use of lime mining wastes
within a lime mining and reclamation area for
land application
when it is utilized for agronomic purposes at standard agronomic
rates as determined by standard soil testing,
for land reclamation
in
accordance with
this chapter and rules adopted under it,
including, but not
limited to, use as fill material, as defined by
rule, in quarries,
and for any
other
purposes designated by the
chief of
the division
of mineral
resources management, including
demonstration projects
approved by
the chief.
(3) "Solid waste disposal facility" means a facility for the
disposal of
solid wastes that is licensed under Chapter 3734. of
the Revised Code.
(4) "Disposal system" has the same meaning as in section
6111.01 of the Revised Code.
(B) Not later than two hundred seventy days after
the
effective date of this section
October 8, 2001, the chief shall
adopt and may
amend, suspend, or rescind
rules in
accordance
with
Chapter 119.
of the Revised Code
establishing
standards and
requirements for
both of the following:
(1) The beneficial use of lime mining
wastes, including the
beneficial use of lime
mining wastes at lime
mining and
reclamation operations governed by this chapter;
(2) The monitoring of ground water associated with the
beneficial use of lime mining wastes and the taking of corrective
action in the event of a subsurface discharge of leachate from the
beneficial use of lime mining wastes or of contamination of ground
water resulting from the beneficial use of lime mining wastes, in
order to protect human health and environment.
The
beneficial use of lime mining wastes is subject to any
applicable
standards and
requirements established under this
chapter and
rules adopted under it. Until such time as the chief
adopts rules under this section, the beneficial use of lime mining
wastes shall require the prior written approval of the chief in a
surface mining permit issued under this
chapter.
(C) The beneficial use of lime mining wastes does not
constitute
establishing a solid waste disposal facility or a
disposal system.
A beneficial use of lime mining wastes
that is
authorized under this section is not subject to any of the
following:
(1) Permit and license requirements for solid waste
facilities established
under sections 3734.02 and 3734.05 of the
Revised Code;
(2) The prohibition against open dumping of solid wastes
established under
section 3734.03 of the Revised Code;
(3) Solid waste disposal and generation fees established
under sections
3734.57 to 3734.574 of the Revised Code;
(4) Permit to install and plan approval requirements and
prohibitions established under
sections 6111.03, 6111.04, 6111.44,
and 6111.45 of the Revised Code.
Nothing in this section shall be construed to limit any other
requirements
that are applicable to the beneficial use of lime
mining wastes under
Chapter 905., 3704., 3714., 3734., or 6111. of
the
Revised Code or any local or federal
laws, including, without
limitation, requirements governing air pollution
control permits,
hazardous waste installation and operation permits, national
pollutant discharge elimination system permits, and section 401
water quality
certifications.
Sec. 1514.40. In accordance with Chapter 119. of the Revised
Code, the chief of the division of mineral resources management,
in consultation with a statewide association that represents the
surface mining industry, shall adopt rules that do all of the
following:
(A) For the purpose of establishing safety standards
governing surface mining operations, incorporate by reference 30
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;
(B) Establish criteria, standards, and procedures governing
safety performance evaluations conducted under section 1514.45 of
the Revised Code, including requirements for the notification of
operators and the identification of authorized representatives of
miners at surface mining operations for purposes of inspections
conducted under sections 1541.41 1514.41 to 1541.47 1514.47 of the
Revised Code;
(C) Establish requirements governing the reporting and
investigation of accidents at surface mining operations. In
adopting the rules, the chief shall establish requirements that
minimize duplication with any reporting and investigations of
accidents that are conducted by the mine safety and health
administration in the United States department of labor.
(D) Establish the time, place, and frequency of mine safety
training conducted under section 1514.06 of the Revised Code and a
fee, if any, for the purpose of that section. The amount of the
fee shall not exceed the costs of conducting the training that is
required under that section.
(E) Establish the minimum qualifications necessary to take
the examination that is required for certification of certified
mine forepersons under division (B) of section 1514.47 of the
Revised Code and requirements, fees, and procedures governing the
taking of the examination;
(F) Establish requirements and fees governing the renewal of
certificates under division (C) of that section;
(G) Establish requirements and procedures for the approval of
training plans submitted under division (E) of that section for
the use of qualified persons to conduct examinations of surface
mining operations in lieu of certified mine forepersons and
minimum qualifications of those persons. The rules shall include
requirements governing training frequency and curriculum that must
be provided for qualified persons under such plans and shall
establish related reporting and record keeping requirements.
As used in sections 1514.41 to 1514.47 of the Revised Code,
"rule" means a rule adopted under this section unless the context
indicates otherwise.
Sec. 1521.01. As used in sections 1521.01 to 1521.05, and
1521.13 to 1521.18, and 1521.20 to 1521.30 of the
Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in
section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes:
(1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees;
(2) Determining the quantity, quality, level, or movement
of
ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments;
(3) Removing or exchanging heat from ground water,
excluding
horizontal trenches that are installed for water source
heat pump
systems.
(C) "Aquifer" means a consolidated or unconsolidated
geologic
formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water.
(D) "Ground water" means all water occurring in an
aquifer.
(E) "Ground water stress area" means a definable
geographic
area in which ground water quantity is being affected
by human
activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes the United States, the state,
any
political subdivision of the state, and any department,
division,
board, commission, agency, or instrumentality of the
United
States, the state, or a political subdivision of the
state.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
mining, dredging, filling, grading, paving, excavating, and
drilling operations, and storage of equipment or materials.
(I) "Floodplain" means the area adjoining any river,
stream,
watercourse, or lake that has been or may be covered by
flood
water.
(J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing
flood damage, including the collection and dissemination
of flood
information, construction of flood control works,
nonstructural
flood damage reduction techniques, and adoption of
rules,
ordinances, or resolutions governing development in
floodplains.
(K) "One-hundred-year flood" means a flood having a one
per
cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile
homes, and
manufactured homes.
(N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the
cost of which equals or exceeds fifty per cent of the market
value
of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the
actual repair work performed. "Substantial improvement" does
not
include either of the following:
(1) Any project for the improvement of a structure to
correct
existing violations of state or local health, sanitary,
or safety
code specifications that have been identified by the
state or
local code enforcement official having jurisdiction and
that are
the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure.
(O) "Shore structure" includes, but is not limited to:
beaches;
groins; revetments; bulkheads; seawalls; breakwaters;
certain dikes designated
by the chief of the division of water;
piers; docks; jetties; wharves;
marinas; boat ramps; any
associated fill or debris used as part of the
construction of
shore structures that may affect shore erosion, wave action,
or
inundation; and fill or debris placed along or near the shore,
including
bluffs, banks, or beach ridges, for the purpose of
stabilizing slopes.
(P) "Substantial damage" means damage of any origin that is
sustained by a structure if the cost of restoring the structure to
its condition prior to the damage would equal or exceed fifty per
cent of the market value of the structure before the damage
occurred.
(Q)(P) "National flood insurance program" means the national
flood insurance program established in the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,
and regulations adopted under it.
(R)(Q) "Conservancy district" means a conservancy district
established under Chapter 6101. of the Revised Code.
(S) "Park board" means the board of park commissioners of a
park
district created under Chapter 1545. of the Revised Code.
(T) "Erosion control structure" means anything that is
designed
primarily to reduce or control erosion of the shore along
or near lake erie,
including, but not limited to, revetments,
seawalls, bulkheads, certain
breakwaters designated by the chief,
and similar structures. "Erosion control
structure" does not
include wharves, piers, docks, marinas, boat ramps, and
other
similar structures.
Sec. 1521.99. (A) Whoever violates division (E)(1) of
section 1521.05 or
division (E)(1) of section 1521.16 of the
Revised Code is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates section 1521.06 or 1521.062 of the
Revised Code shall be
fined not less than one hundred dollars nor
more than one thousand dollars for
each offense. Each day of
violation constitutes a separate offense.
(C) Whoever violates sections 1521.20 to 1521.30 of the
Revised Code shall be fined not less than one hundred
dollars nor
more than one thousand dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 1531.06. (A) The chief of the division of wildlife,
with
the approval of the director of natural resources, may
acquire by
gift, lease, purchase, or otherwise lands or surface
rights upon
lands and waters or surface rights upon waters for
wild animals,
fish or game management, preservation, propagation,
and
protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief,
with
the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands
or
surface rights upon lands and waters or surface rights
upon
waters.
(B)(1) The chief shall adopt rules for the protection of
state-owned
or
leased
lands and waters and property under the
control of the division of wildlife against
wrongful use or
occupancy that will
ensure the carrying out of the
intent of this
section, protect
those lands, waters, and
property from
depredations, and preserve
them from
molestation, spoilation,
destruction, or any improper
use or
occupancy thereof, including
rules with respect
to
recreational activities and for the
government and use of such
lands, waters, and property.
(2) The chief may adopt rules benefiting wild
animals, fish
or game management, preservation, propagation, and
protection,
outdoor and nature activities, public fishing and
hunting grounds,
and flora and fauna preservation, and regulating the
taking and
possession of wild animals on any lands or waters
owned or leased
or under the division's supervision and control and,
for a
specified period of years, may prohibit or recall the taking
and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the
boundaries
of the lands and waters owned or leased or under
its supervision
and control upon which the taking of any
wild animal is
prohibited.
(C) The chief, with the approval of the director, may
acquire
by gift, lease, or purchase land for the purpose of
establishing
state fish hatcheries and game farms and may erect
on
it buildings
or structures that are necessary.
The title to or lease of such lands and waters shall be
taken
by the chief in the name of the state. The lease or
purchase
price
of all such lands and waters may be paid from
hunting and
trapping
and fishing licenses and any other funds.
(D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief.
(E) The chief, with the approval of the director, may
establish
user fees for the use of special public facilities or
participation
in special activities on lands and waters
administered by the
division. The special facilities and
activities may include
hunting or fishing on special designated
public lands and waters
intensively managed or stocked with
artificially propagated game
birds or fish, field trial
facilities, wildlife nature centers,
firearm ranges, boat mooring
facilities, camping sites, and other
similar special facilities
and activities. The chief shall determine whether
the user fees
are refundable and shall ensure that that information is
provided
at the time the user fees are paid.
(F) The chief, with the
approval of the director, may enter
into lease agreements for
rental of concessions or other special
projects situated on
state-owned or leased lands or waters or
other property under
the division's control. The chief shall set
and collect the fees for
concession rentals or other special
projects; regulate through
contracts between the division and
concessionaires the sale of
tangible objects at concessions or
other special projects; and
keep a record of all such fee payments
showing the amount
received, from whom received, and for
what
purpose the
fee was collected.
(G) The chief may sell or donate
conservation-related items
or items that promote wildlife
conservation, including, but not
limited to, stamps, pins,
badges, books, bulletins, maps,
publications, calendars, and any other
educational article or
artifact pertaining to wild animals; sell
confiscated or forfeited
items; and sell surplus structures and
equipment, and timber or
crops from lands owned, administered,
leased, or controlled by the
division. The chief, with the approval of the director, also may
engage in campaigns and special events that promote wildlife
conservation by selling or donating wildlife-related materials,
memberships, and other items of promotional value.
(H) The chief may sell, lease, or transfer minerals or
mineral rights,
with the approval of the director, when the chief
and the director determine
it to be in the best interest of the
state. Upon approval of the director,
the chief may make,
execute,
and deliver contracts, including leases, to mine,
drill,
or
excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals upon and under lands owned by the state and administered
by the
division to any person who complies with the terms of such
a contract. No
such contract shall be valid for more than fifty
years from its effective
date. Consideration for minerals and
mineral rights shall be by rental or
royalty basis as prescribed
by the chief and payable as prescribed by contract. Moneys
collected under
this division shall be paid into the state
treasury to the
credit of the wildlife habitat
fund created in
section 1531.33 of
the Revised Code. Contracts entered
into under
this division also
may provide for
consideration for minerals or
mineral rights in
the form of acquisition of
lands as provided
under divisions (A)
and (C) of this section.
(I) All moneys received under divisions (E), (F), and (G) of
this section
shall be paid into the state treasury to
the credit
of a fund that shall be used for the purposes
outlined in section
1533.15 of the
Revised Code and for the
management of other wild
animals for
their ecological and
nonconsumptive recreational value
or
benefit.
(J) The chief, with
the approval of the director, may barter
or sell wild animals to
other states, state or federal agencies,
and conservation or
zoological organizations. Moneys received
from
the sale of wild
animals shall be deposited into the wild
animal
fund created in
section 1531.34 of the Revised Code.
(K) The chief shall adopt rules establishing standards
and
guidelines for the administration of contraceptive chemicals
to
noncaptive wild animals. The rules may specify chemical
delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of
and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall
administer
contraceptive chemicals to noncaptive wild animals
without a
permit issued by the chief.
(L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database
that is established pursuant to division (B)(2) of this section
and section 1531.25 of the Revised Code may be made available to
any individual or public or private agency for research,
educational, environmental, land management, or other similar
purposes that are not detrimental to the conservation of a species
or feature. Information regarding sensitive site locations of
species that are listed pursuant to section 1531.25 of the Revised
Code and of features that are included in the wildlife diversity
database is not subject to section 149.43 of the Revised Code if
the chief determines that the release of the information could be
detrimental to the conservation of a species or feature.
Sec. 1531.35. The wildlife boater angler fund is hereby
created in the state treasury. The fund shall consist of money
credited to the fund pursuant to section 5735.051 of the Revised
Code and other money contributed to the division of wildlife for
the purposes of the fund. The fund
shall be used for boating
access construction,
improvements,
and
maintenance, and to pay for
equipment and personnel costs involved with those activities,
on
lakes
on
which the operation of gasoline-powered watercraft is
permissible. However, not more than two hundred thousand dollars
of the annual expenditures from the fund may be used to pay for
the equipment and personnel costs.
Sec. 1555.08. (A) Subject to the limitations provided in
Section 15 of Article VIII, Ohio Constitution, the commissioners
of the sinking fund, upon certification by the director of the
Ohio coal development office of the amount of moneys or
additional
moneys needed in the coal research and development
fund for the
purpose of making grants or loans for allowable
costs, or needed
for capitalized interest, for funding reserves,
and for paying
costs and expenses incurred in connection with the
issuance,
carrying, securing, paying, redeeming, or retirement of
the
obligations or any obligations refunded thereby, including
payment
of costs and expenses relating to letters of credit,
lines of
credit, insurance, put agreements, standby purchase
agreements,
indexing, marketing, remarketing and administrative
arrangements,
interest swap or hedging agreements, and any other
credit
enhancement, liquidity, remarketing, renewal, or refunding
arrangements, all of which are authorized by this section, or
providing moneys for loan guarantees, shall issue obligations of
the state under this section in amounts authorized by the general
assembly; provided that such obligations may be issued to the
extent necessary to satisfy the covenants in contracts of
guarantee made under section 1555.05 of the Revised Code to issue
obligations to meet such guarantees, notwithstanding limitations
otherwise applicable to the issuance of obligations under this
section except the one-hundred-million-dollar limitation provided
in Section 15 of Article VIII, Ohio Constitution. The proceeds
of
such obligations, except for the portion to be deposited in
the
coal research and development bond service fund as may be
provided
in the bond proceedings, shall as provided in the bond
proceedings
be deposited in the coal research and development
fund. The
commissioners of the sinking fund may appoint
trustees, paying
agents, and transfer agents and may retain the
services of
financial advisors, accounting experts, and
attorneys, and retain
or contract for the services of marketing,
remarketing, indexing,
and administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in
their judgment to carry out this
section.
(B) The full faith and credit of the state of Ohio is
hereby
pledged to obligations issued under this section. The
right of the
holders and owners to payment of bond service
charges is limited
to all or that portion of the moneys pledged
thereto pursuant to
the bond proceedings in accordance with this
section, and each
such obligation shall bear on its face a
statement to that effect.
(C) Obligations shall be authorized by resolution of the
commissioners of the sinking fund on request of the director of
the Ohio coal development office as provided in section 1555.02
of
the Revised Code and the bond proceedings shall provide for
the
purpose thereof and the principal amount or amounts, and
shall
provide for or authorize the manner or agency for
determining the
principal maturity or maturities, not exceeding
forty years from
the date of issuance, the interest rate or rates
or the maximum
interest rate, the date of the obligations and the
dates of
payment of interest thereon, their denomination, and the
establishment within or without the state of a place or places of
payment of bond service charges. Sections 9.98 to 9.983 of the
Revised Code apply to obligations issued under this section. The
purpose of
such obligations may be stated in
the bond proceedings
in terms describing the general purpose or
purposes to be served.
The bond proceedings shall also provide,
subject to the provisions
of any other applicable bond
proceedings, for the pledge of all,
or such part as the
commissioners of the sinking fund may
determine, of the moneys
credited to the coal research and
development bond service fund
to the payment of bond service
charges, which pledges may be made
either prior or subordinate to
other expenses, claims, or
payments and may be made to secure the
obligations on a parity
with obligations theretofore or thereafter
issued, if and to the
extent provided in the bond proceedings. The
moneys so pledged
and thereafter received by the state are
immediately subject to
the lien of such pledge without any
physical delivery thereof or
further act, and the lien of any such
pledges is valid and
binding against all parties having claims of
any kind against the
state or any governmental agency of the
state, irrespective of
whether such parties have notice thereof,
and shall create a
perfected security interest for all purposes of
Chapter 1309. of
the Revised Code, without the necessity for
separation or
delivery of funds or for the filing or recording of
the bond
proceedings by which such pledge is created or any
certificate,
statement or other document with respect thereto; and
the pledge
of such moneys is effective and the money therefrom and
thereof
may be applied to the purposes for which pledged without
necessity for any act of appropriation. Every pledge, and every
covenant and agreement made with respect thereto, made in the
bond
proceedings may therein be extended to the benefit of the
owners
and holders of obligations authorized by this section, and
to any
trustee therefor, for the further security of the payment
of the
bond service charges.
(D) The bond proceedings may contain additional provisions
as
to:
(1) The redemption of obligations prior to maturity at the
option of the commissioners of the sinking fund at such price or
prices and under such terms and conditions as are provided in the
bond proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the obligations may be issued;
(5) The deposit, investment, and application of the coal
research and development bond service fund, and the safeguarding
of moneys on hand or on deposit, without regard to Chapter 131.
or
135. of the Revised Code, but subject to any special
provisions of
this chapter, with respect to particular moneys;
provided, that
any bank or trust company which acts as depository
of any moneys
in the fund may furnish such indemnifying bonds or
may pledge such
securities as required by the commissioners of
the sinking fund;
(6) Any other provision of the bond proceedings being
binding
upon the commissioners of the sinking fund, or such other
body or
person as may from time to time have the authority under
law to
take such actions as may be necessary to perform all or
any part
of the duty required by such provision;
(7) Any provision which may be made in a trust agreement
or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under this chapter.
(E) The obligations may have the great seal of the state
or a
facsimile thereof affixed thereto or printed thereon. The
obligations shall be signed by such members of the commissioners
of the sinking fund as are designated in the resolution
authorizing the obligations or bear the facsimile signatures of
such members. Any coupons attached to the obligations shall bear
the facsimile signature of the treasurer of state. Any
obligations
may be executed by the persons who, on the date of
execution, are
the commissioners although on the date of such
bonds the persons
were not the commissioners. Any coupons may be
executed by the
person who, on the date of execution, is the
treasurer of state
although on the date of such coupons the
person was not the
treasurer of state. In case any officer or
commissioner whose
signature or a facsimile of whose signature
appears on any such
obligations or any coupons ceases to be such
officer or
commissioner before delivery thereof, such signature
or facsimile
is nevertheless valid and sufficient for all
purposes as if the
individual had remained such officer or
commissioner until
such
delivery; and in case the seal to be affixed to obligations
has
been changed after a facsimile of the seal has been imprinted
on
such obligations, such facsimile seal shall continue to be
sufficient as to such obligations and obligations issued in
substitution or exchange therefor.
(F) All obligations except loan guarantees are negotiable
instruments and securities under Chapter 1308. of the Revised
Code, subject to the provisions of the bond proceedings as to
registration. The obligations may be issued in coupon or in
registered form, or both, as the commissioners of the sinking
fund
determine. Provision may be made for the registration of
any
obligations with coupons attached thereto as to principal
alone or
as to both principal and interest, their exchange for
obligations
so registered, and for the conversion or reconversion
into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion.
(G) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(H) Pending preparation of definitive obligations, the
commissioners of the sinking fund may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations.
(I) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust
agreement
or indenture between the commissioners and a corporate
trustee,
which may be any trust company or bank having its
principal a
place of business within the state. Any such agreement
or
indenture may contain the resolution authorizing the issuance
of
the obligations, any provisions that may be contained in any
bond
proceedings, and other provisions that are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as a part of the contract
under which the obligations were issued, enforcement of such
payments or agreement by mandamus, the appointment of a receiver,
suit in equity, action at law, or any combination of the
foregoing;
(3) The rights and remedies of the holders of obligations
and
of the trustee, and provisions for protecting and enforcing
them,
including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the
commissioners of the sinking fund agree upon, including
limitations, conditions, or qualifications relating to any of the
foregoing.
(J) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's rights
are
restricted by the bond proceedings, may by any suitable form of
legal
proceedings protect and enforce any rights under the laws of
this
state or granted by such bond proceedings. Such rights
include
the right to compel the performance of all duties of the
commissioners of the sinking fund, the Ohio air quality
development authority, or
the Ohio coal development office
required by this chapter and
Chapter 1551. of the Revised Code or
the bond proceedings; to
enjoin unlawful activities; and in the
event of default with
respect to the payment of any bond service
charges on any
obligations or in the performance of any covenant
or agreement on
the part of the commissioners, the authority, or
the office in the
bond proceedings, to apply to a court having
jurisdiction of the
cause to appoint a receiver to receive and
administer the moneys
pledged, other than those in the custody of
the treasurer of
state, that are pledged to the payment of the
bond service
charges on such obligations or that are the subject
of the
covenant or agreement, with full power to pay, and to
provide for
payment of bond service charges on, such obligations,
and with
such powers, subject to the direction of the court, as
are
accorded receivers in general equity cases, excluding any
power
to pledge additional revenues or receipts or other income or
moneys of the commissioners of the sinking fund or the state or
governmental agencies of the state to the payment of such
principal and interest and excluding the power to take possession
of, mortgage, or cause the sale or otherwise dispose of any
project.
Each duty of the commissioners of the sinking fund and
their
employees, and of each governmental agency and its
officers,
members, or employees, undertaken pursuant to the bond
proceedings
or any grant, loan, or loan guarantee agreement made
under
authority of this chapter, and in every agreement by or
with the
commissioners, is hereby established as a duty of the
commissioners, and of each such officer, member, or employee
having authority to perform such duty, specifically enjoined by
the law resulting from an office, trust, or station within the
meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the
sinking fund, or their employees, are not liable in their
personal
capacities on any obligations issued by the
commissioners or any
agreements of or with the commissioners.
(K) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation, the state teachers retirement
system,
the public employees retirement system, the school
employees
retirement system, and the Ohio police and
fire pension fund,
notwithstanding any other
provisions
of the Revised Code or rules
adopted pursuant thereto by any
governmental agency of the state
with respect to investments by
them, and are also acceptable as
security for the deposit of
public moneys.
(L) If the law or the instrument creating a trust pursuant
to
division (I) of this section expressly permits investment in
direct obligations of the United States or an agency of the
United
States,
unless expressly prohibited by the instrument, such moneys
also
may be invested in no-front-end-load money market mutual
funds
consisting exclusively of obligations of the United States
or an
agency of the United States and in
repurchase agreements,
including those
issued by the fiduciary itself, secured by
obligations of the
United States or an agency of the United
States; and in collective investment funds
established in
accordance with section 1111.14 of the
Revised
Code and consisting
exclusively of any such securities,
notwithstanding division
(A)(1)(c) of that section. The
income from
such investments shall
be credited to such funds as the
commissioners of the sinking fund
determine, and such investments
may be sold at such times as the
commissioners determine or
authorize.
(M) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Moneys to the
credit of
the bond service fund shall be disbursed on the order
of the
treasurer of state; provided, that no such order is
required for
the payment from the bond service fund when due of
bond service
charges on obligations.
(N) The commissioners of the sinking fund may pledge all,
or
such portion as they determine, of the receipts of the bond
service fund to the payment of bond service charges on
obligations
issued under this section, and for the establishment
and
maintenance of any reserves, as provided in the bond
proceedings,
and make other provisions therein with respect to
pledged receipts
as authorized by this chapter, which provisions
control
notwithstanding any other provisions of law pertaining
thereto.
(O) The commissioners of the sinking fund may covenant in
the
bond proceedings, and any such covenants control
notwithstanding
any other provision of law, that the state and
applicable officers
and governmental agencies of the state,
including the general
assembly, so long as any obligations
are outstanding, shall:
(1) Maintain statutory authority for and cause to be
levied
and collected taxes so that the pledged receipts are
sufficient in
amount to meet bond service charges, and the
establishment and
maintenance of any reserves and other
requirements provided for in
the bond proceedings, and, as
necessary, to meet covenants
contained in any loan guarantees
made under this chapter;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exemption from federal income taxation of
the
interest on the obligations.
(P) All moneys
received
by or on account of the state and
required by the applicable bond
proceedings, consistent with this
section, to be deposited,
transferred, or credited to the coal
research and development bond
service fund, and all other
moneys
transferred or allocated to or received for the purposes
of the
fund, shall be credited to such fund and to any separate
accounts
therein, subject to applicable provisions of the bond
proceedings,
but without necessity for any act of appropriation.
During the
period beginning with the date of the first issuance
of
obligations and continuing during such time as any such
obligations are outstanding, and so long as moneys in the bond
service fund are insufficient to pay all bond service charges on
such obligations becoming due in each year, a sufficient amount
of
moneys of the state are committed and shall be paid to the bond
service fund in each year for the purpose of paying the bond
service charges becoming due in that year without necessity for
further act of appropriation for such purpose. The bond service
fund is a trust fund and is hereby pledged to the payment of bond
service charges to the extent provided in the applicable bond
proceedings, and payment thereof from such fund shall be made or
provided for by the treasurer of state in accordance with such
bond proceedings without necessity for any act of appropriation.
All investment earnings of the fund shall be credited to the
fund.
(Q) For purposes of establishing the limitations contained
in
Section 15 of Article VIII, Ohio Constitution, the "principal
amount" refers to the aggregate of the offering price of the
bonds
or notes. "Principal amount" does not refer to the
aggregate value
at maturity or redemption of the bonds or notes.
(R) This section applies only with respect to obligations
issued
and delivered prior to September 30, 2000.
Sec. 1557.03. (A)(1) The commissioners of the sinking
fund
are authorized to issue and sell, as provided in this
section and
in amounts from time to time authorized by the
general assembly,
general obligations of this state for the
purpose of financing or
assisting in the financing of the costs
of projects. The full
faith and credit, revenues, and taxing
power of the state are and
shall be pledged to the timely payment
of debt charges on
outstanding obligations, all in accordance
with Section 2l of
Article VIII, Ohio Constitution, and Chapter
1557. of the Revised
Code, excluding from that
pledge fees, excises, or taxes relating
to the registration,
operation, or use of vehicles on the public
highways, or to fuels
used for propelling those vehicles, and so
long as such
obligations are outstanding there shall be levied and
collected
excises and taxes, excluding those excepted above, in
amount
sufficient to pay the debt charges on such obligations and
financing costs relating to credit enhancement facilities.
(2) For meetings of the commissioners of the sinking fund
pertaining to the obligations under this chapter, each of the
commissioners may designate an employee or officer of that
commissioner's office to attend meetings when that commissioner
is
absent for any reason, and such designee, when present, shall
be
counted in determining whether a quorum is present at any
meeting
and may vote and participate in all proceedings and
actions of the
commissioners at that meeting pertaining to the
obligations,
provided, that such designee shall not execute or
cause a
facsimile of the designee's signature to be placed
on any
obligation, or execute any trust agreement or indenture of the
commissioners. Such designation shall be in writing, executed by
the designating member, and shall be filed with the secretary of
the commissioners and such designation may be changed from time
to
time by a similar written designation.
(B) The total principal amount of obligations outstanding
at
any one time shall not exceed two hundred million dollars, and
not
more than fifty million dollars in principal amount of
obligations
to pay costs of projects may be issued in any fiscal
year, all
determined as provided in
Chapter 1557. of the Revised Code.
(C) The state may participate by grants or contributions
in
financing projects under this section made by local government
entities. Of the proceeds of the first two hundred million
dollars
principal amount in obligations issued under this section
to pay
costs of projects, at least twenty per cent shall be
allocated in
accordance with section 1557.06 of the Revised Code
to grants or
contributions to local government entities. The
director of budget
and management shall establish and maintain
records in such manner
as to show that the proceeds credited to
the Ohio parks and
natural resources fund have been expended for
the purposes and in
accordance with the limitations set forth
herein.
(D) Each issue of obligations shall be authorized by
resolution of the commissioners of the sinking fund. The bond
proceedings shall provide for the principal amount or maximum
principal amount of obligations of an issue, and shall provide
for
or authorize the manner or agency for determining the
principal
maturity or maturities, not exceeding the earlier of
twenty-five
years from the date the debt represented by the
particular
obligations was originally contracted, the interest
rate or rates,
the date of and the dates of payment of interest
on the
obligations, their denominations, and the establishment
within or
without the state of a place or places of payment of
debt charges.
Sections 9.96 and 9.98 to 9.983 of the Revised
Code are applicable
to the obligations. The purpose of the
obligations may be stated
in the bond proceedings as "financing
or assisting in the
financing of projects as provided in Section
2l of Article VIII,
Ohio Constitution."
(E) The proceeds of the obligations, except for any
portion
to be deposited in special funds, or in escrow funds for
the
purpose of refunding outstanding obligations, all as may be
provided in the bond proceedings, shall be deposited in the Ohio
parks and natural resources fund established by section 1557.02
of
the Revised Code.
(F) The commissioners of the sinking fund may appoint
paying
agents, bond registrars, securities depositories, and
transfer
agents, and may retain the services of financial
advisers and
accounting experts, and retain or contract for the
services of
marketing, remarketing, indexing, and administrative
agents, other
consultants, and independent contractors, including
printing
services, as are necessary in the judgment of the
commissioners to
carry out this
chapter of the
Revised Code. Financing costs are
payable, as provided in the
bond proceedings, from the proceeds of
the obligations, from
special funds, or from other moneys
available for the purpose.
(G) The bond proceedings, including any trust agreement,
may
contain additional provisions customary or appropriate to the
financing or to the obligations or to particular obligations,
including, but not limited to:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions at such price or prices and under such terms
and conditions as are provided in the bond proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and
application
of special funds, and the safeguarding of moneys on
hand or on
deposit, without regard to Chapter 131. or 135. of the
Revised
Code, provided that any bank or trust company that acts
as a
depository of any moneys in special funds may furnish such
indemnifying bonds or may pledge such securities as required by
the commissioners of the sinking fund;
(4) Any or every provision of the bond proceedings binding
upon the commissioners of the sinking fund and such state agency
or local government entities, officer, board, commission,
authority, agency, department, or other person or body as may
from
time to time have the authority under law to take such
actions as
may be necessary to perform all or any part of the
duty required
by such provision;
(5) The maintenance of each pledge, any trust agreement,
or
other instrument composing part of the bond proceedings until
the
state has fully paid or provided for the payment of the debt
charges on the obligations or met other stated conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as part of a contract
under
which the obligations were issued or secured, the
enforcement of
such payments or agreements by mandamus, suit in
equity, action at
law, or any combination of the foregoing;
(7) The rights and remedies of the holders of obligations
and
of the trustee under any trust agreement, and provisions for
protecting and enforcing them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other provision for payment of obligations which
will
then no longer be or be deemed to be outstanding for
purposes of
this section or of the bond proceedings;
(10) Any provision that may be made in bond proceedings
or a
trust agreement, including provision for amendment of the
bond
proceedings;
(11) Such other provisions as the commissioners of the
sinking fund determine, including limitations, conditions, or
qualifications relating to any of the foregoing;
(12) Any other or additional agreements with the holders
of
the obligations relating to the obligations or the security
for
the obligations.
(H) The great seal of the state or a facsimile of that
seal
may be affixed to or printed on the obligations. The
obligations
shall be signed by or bear the facsimile signatures
of two or more
of the commissioners of the sinking fund as
provided in the bond
proceedings. Any obligations may be signed
by the person who, on
the date of execution, is the authorized
signer although on the
date of such obligations such person was
not a commissioner. In
case the individual whose signature or a
facsimile of whose
signature appears on any obligation ceases to
be a commissioner
before delivery of the obligation, such
signature or facsimile is
nevertheless valid and sufficient for
all purposes as if the
individual had remained the member
until such
delivery, and in
case the seal to be affixed to or printed on
obligations has been
changed after the seal has been affixed to
or a facsimile of the
seal has been printed on the obligations,
that seal or facsimile
seal shall continue to be sufficient as to
those obligations and
obligations issued in substitution or
exchange therefor.
(I) Obligations may be issued in coupon or in fully
registered form, or both, as the commissioners of the sinking
fund
determine. Provision may be made for the registration of
any
obligations with coupons attached as to principal alone or as
to
both principal and interest, their exchange for obligations so
registered, and for the conversion or reconversion into
obligations with coupons attached of any obligations registered
as
to both principal and interest, and for reasonable charges for
such registration, exchange, conversion, and reconversion.
Pending
preparation of definitive obligations, the commissioners
of the
sinking fund may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) Obligations may be sold at public sale or at private
sale, and at such price at, above, or below par, as determined by
the commissioners of the sinking fund in the bond proceedings.
(K) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust
agreement
between the state and a corporate trustee which may be
any trust
company or bank having its principal a place of business
within
the state. Any trust agreement may contain the resolution
authorizing the issuance of the obligations, any provisions that
may be contained in the bond proceedings, and other provisions
that are customary or appropriate in an agreement of the type.
(L) Except to the extent that their rights are restricted
by
the bond proceedings, any holder of obligations, or a trustee
under the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by the bond proceedings. Such rights include
the
right to compel the performance of all duties of the
commissioners
and the state. Each duty of the commissioners and
employees of the
commissioners, and of each state agency and
local public entity
and its officers, members, or employees,
undertaken pursuant to
the bond proceedings, is hereby
established as a duty of the
commissioners, and of each such
agency, local government entity,
officer, member, or employee
having authority to perform such
duty, specifically enjoined by
the law and resulting from an
office, trust, or station within
the meaning of section 2731.01 of
the Revised Code. The persons
who are at the time the
commissioners, or employees of the
commissioners, are not liable
in their personal capacities on any
obligations or any agreements
of or with the commissioners
relating to obligations or under the
bond proceedings.
(M) Obligations are lawful investments for banks,
societies
for savings, savings and loan associations, deposit
guarantee
associations, trust companies, trustees, fiduciaries,
insurance
companies, including domestic for life and domestic not
for life,
trustees or other officers having charge of sinking and
bond
retirement or other special funds of political subdivisions
and
taxing districts of this state, the commissioners of the
sinking
fund, the administrator of workers' compensation, the state
teachers
retirement system, the
public employees retirement
system, the school employees
retirement system, and the Ohio
police and fire
pension fund, notwithstanding any other provisions
of the Revised
Code or rules adopted pursuant thereto by any state
agency with
respect to investments by them, and are also
acceptable as
security for the deposit of public moneys.
(N) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the commissioners of the sinking fund only in notes,
bonds, or other direct obligations of the United States or of any
agency or instrumentality of the United
States, in obligations of
this state
or any political subdivision of this state, in
certificates of
deposit of any national bank located in this state
and any bank,
as defined in section 1101.01 of the Revised Code,
subject to
inspection by the superintendent of financial
institutions, in the Ohio
subdivision's fund established pursuant
to section 135.45 of the
Revised Code, in no-front-end-load money
market mutual funds
consisting exclusively of direct obligations
of the United States
or of an agency or instrumentality of the
United
States, and in repurchase
agreements, including those
issued by any fiduciary, secured by
direct obligations of the
United States or an agency or
instrumentality of the United
States,
and in collective investment funds established in
accordance with section 1111.14 of the Revised Code
and consisting
exclusively of direct obligations of the United States
or of an
agency or instrumentality of the United
States, notwithstanding
division (A)(1)(c) of that section. The income from
investments
shall be credited to such special funds or otherwise as the
commissioners of the sinking fund determine in the bond
proceedings, and the investments may be sold or exchanged at such
times as the commissioners determine or authorize.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in a special fund shall
be
disbursed on the order of the commissioners of the sinking
fund,
provided that no such order is required for the payment
from the
bond service fund or other special fund when due of debt
charges
or required payments under credit enhancement facilities.
(P) The commissioners of the sinking fund may covenant in
the
bond proceedings, and any such covenants shall be controlling
notwithstanding any other provision of law, that the state and
the
applicable officers and agencies of the state, including the
general assembly, so long as any obligations are
outstanding in
accordance with their terms, shall maintain statutory
authority
for and cause to be charged and collected taxes,
excises, and
other receipts of the state so that the receipts to
the bond
service fund shall be sufficient in amounts to meet debt
charges
and for the establishment and maintenance of any reserves
and
other requirements, including payment of the costs of credit
enhancement facilities, provided for in the bond proceedings.
(Q) The obligations, the transfer thereof, and the
interest,
other accreted amounts, and other income therefrom,
including any
profit made on the sale thereof, at all times
shall be free from
taxation, direct or indirect, within the state.
(R) This section applies only with respect to obligations
issued
and delivered before September 30, 2000.
Sec. 1713.031. The Ohio board of regents shall review an
application for a certificate of authorization from a school
described in division (E) of section 3332.01 of the Revised Code
within twenty-two weeks.
Sec. 1901.34. (A) Except as provided in divisions (B) and
(D) of this section, the village solicitor, city director of law,
or similar chief legal officer for each municipal corporation
within the territory of a municipal court shall prosecute all
cases brought before the municipal court for criminal offenses
occurring within the municipal corporation for which that
person
is the
solicitor, director of law, or similar chief legal officer.
Except as provided in division (B) of this section, the village
solicitor, city director of law, or similar chief legal officer
of
the municipal corporation in which a municipal court is
located
shall prosecute all criminal cases brought before the
court
arising in the unincorporated areas within the territory of
the
municipal court.
(B) The Auglaize county,
Brown county, Clermont county,
Hocking county, Holmes county,
Jackson county,
Morrow county,
Ottawa county, and
Portage county
prosecuting
attorneys shall
prosecute in municipal
court all
violations of
state law arising
in their respective
counties. The
Carroll county, Crawford
county,
Hamilton county, Madison county,
and Wayne
county
prosecuting
attorneys and beginning January 1, 2008, the Erie county
prosecuting attorney shall prosecute all
violations of
state law
arising within the unincorporated areas of
their
respective
counties. The Columbiana county prosecuting
attorney
shall
prosecute in the Columbiana county municipal court
all
violations
of
state law arising in the county, except for
violations arising
in the
municipal corporation of East Liverpool,
Liverpool
township, or St. Clair township. The Darke county prosecuting
attorney shall prosecute in the Darke county municipal court all
violations of state law arising in the county, except for
violations of state law arising in the municipal corporation of
Greenville and violations of state law arising in the village of
Versailles. The Greene county prosecuting attorney may, with the
concurrence of the Greene county board of county commissioners,
prosecute in the Fairborn municipal court may provide for the
prosecution of all violations of state law arising within the
unincorporated areas of Bath and Beavercreek townships in Greene
county and prosecute in the Xenia municipal court all violations
of state law arising within the unincorporated areas of
Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships
territorial jurisdiction of any municipal court located in Greene
county.
The prosecuting attorney of any county given the duty of
prosecuting in municipal court violations of state law shall
receive no additional compensation for assuming these additional
duties, except that the prosecuting attorney of Hamilton,
Portage,
and Wayne counties shall receive compensation at the
rate of four
thousand eight hundred dollars per year, and the
prosecuting
attorney of Auglaize county shall receive
compensation at the rate
of one thousand eight hundred dollars
per year, each payable from
the county treasury of the respective
counties in semimonthly
installments.
(C) The village solicitor, city director of law, or
similar
chief legal officer shall perform the same duties,
insofar as they
are applicable to the village solicitor, city
director of law, or
similar chief legal officer, as are required of the
prosecuting
attorney of the county. The village solicitor, city
director of
law, similar chief legal officer or any
assistants who
may be
appointed shall receive for such services
additional compensation
to be paid from the treasury of the county as the
board of county
commissioners prescribes.
(D) The prosecuting attorney of any county, other than
Auglaize,
Brown,
Clermont, Hocking, Holmes, Jackson,
Morrow,
Ottawa, or
Portage
county,
may enter into an agreement with any
municipal
corporation
in the
county in which the prosecuting
attorney serves
pursuant to
which
the prosecuting
attorney
prosecutes all criminal
cases
brought
before the
municipal court
that has territorial
jurisdiction over
that
municipal corporation
for criminal offenses
occurring within
the
municipal corporation.
The prosecuting
attorney of Auglaize,
Brown,
Clermont, Hocking,
Holmes, Jackson,
Morrow,
Ottawa,
or Portage county may enter
into
an agreement with
any
municipal
corporation in the county in
which the prosecuting
attorney serves
pursuant to which the
respective prosecuting
attorney prosecutes
all cases brought
before the Auglaize
county,
Brown county,
Clermont
county, Hocking
county, Holmes county,
Jackson
county,
Morrow county, Ottawa
county, or
Portage county
municipal
court
for violations of the
ordinances of
the municipal
corporation or
for criminal offenses
other than
violations of
state law occurring
within the municipal
corporation. For
prosecuting these cases,
the prosecuting
attorney
and the
municipal corporation may agree
upon a fee to be
paid by
the
municipal corporation, which fee
shall be paid into
the county
treasury, to be used to cover
expenses of the office of
the
prosecuting attorney.
Sec. 2113.041. (A) The administrator of the medicaid estate
recovery program established pursuant to section 5111.11 of the
Revised Code may present an affidavit to a financial institution
requesting that the financial institution release account proceeds
to recover the cost of services correctly provided to a medicaid
recipient who is subject to the medicaid estate recovery program.
The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent
was a medicaid recipient and that person's relationship to the
decedent;
(3) The name of the financial institution;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to
the administrator of the medicaid estate recovery program if all
of the following apply:
(1) The decedent held an account at the financial
institution
that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that
no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the
administrator of the medicaid estate recovery program.
(4) The financial institution has received no objections or
has determined that no valid objections to release of proceeds
have been received.
(C) If proceeds have been released pursuant to division (B)
of this section and the department of job and family services
receives notice of a valid claim to the proceeds that has a higher
priority under section 2117.25 of the Revised Code than the claim
of the medicaid estate recovery program, the department may refund
the proceeds to the financial institution or pay them to the
person or government entity with the claim.
Sec. 2117.061. (A) As used in this section:
(1) "Medicaid estate recovery program" means the program
instituted under section 5111.11 of the Revised Code.
(2) "Permanently institutionalized individual" has the same
meaning as in section 5111.11 of the Revised Code.
(3) "Person responsible for the estate" means the executor,
administrator, commissioner, or person who filed pursuant to
section 2113.03 of the Revised Code for release from
administration of an estate.
(B) If a decedent, at the time of death, was fifty-five years
of age or older or a permanently institutionalized individual, the
person responsible for the decedent's estate shall determine
whether the decedent was, at any time during the decedent's life,
a medicaid recipient under Chapter 5111. of the Revised Code. If
the decedent was a medicaid recipient, the The person responsible
for the estate of a decedent subject to the medicaid estate
recovery program or the estate of a decedent who was the spouse of
a decedent subject to the medicaid estate recovery program shall
submit a properly completed medicaid estate recovery reporting
form prescribed under division (D) of this section to the
administrator of the medicaid estate recovery program not later
than thirty days after the occurrence of any of the following:
(1) The granting of letters testamentary;
(2) The administration of the estate;
(3) The filing of an application for release from
administration or summary release from administration.
(C) The person responsible for the estate shall mark the
appropriate box on the appropriate probate form to indicate
compliance with the requirements of division (B) of this section.
The probate court shall send a copy of the completed probate
form to the administrator of the medicaid estate recovery program.
(D) The administrator of the medicaid estate recovery program
shall prescribe a medicaid estate recovery reporting form for the
purpose of division (B) of this section. The In the case of a
decedent subject to the medicaid estate recovery program, the form
shall require, at a minimum, that the person responsible for the
estate list all of the decedent's real and personal property and
other assets that are part of the decedent's estate as defined in
section 5111.11 of the Revised Code. In the case of a decedent who
was the spouse of a decedent subject to the medicaid estate
recovery program, the form shall require, at a minimum, that the
person responsible for the estate list all of the decedent's real
and personal property and other assets that are part of the
decedent's estate as defined in section 5111.11 of the Revised
Code and were also part of the estate, as so defined, of the
decedent subject to the medicaid estate recovery program. The
administrator shall include on the form a statement printed in
bold letters informing the person responsible for the estate that
knowingly making a false statement on the form is falsification
under section 2921.13 of the Revised Code, a misdemeanor of the
first degree.
(E) The estate recovery program administrator of the medicaid
estate recovery program shall present a claim for estate recovery
to the person responsible for the estate of the decedent or the
person's legal representative not later than ninety days after the
date on which the medicaid estate recovery reporting form is
received under division (B) of this section or one year after the
decedent's death, whichever is later.
Sec. 2117.25. (A) Every executor or administrator shall
proceed with diligence to pay the debts of the decedent and
shall
apply the assets in the following order:
(1) Costs and expenses of administration;
(2) An amount, not exceeding four thousand dollars, for
funeral
expenses that are included in the bill of a funeral
director, funeral expenses other than those in the bill of a
funeral director that are approved by the probate court, and
an
amount, not exceeding three
thousand dollars, for burial and
cemetery expenses,
including that portion of the funeral
director's bill allocated to
cemetery expenses that have been paid
to the cemetery by the
funeral director.
For purposes of this division, burial and cemetery
expenses
shall be limited to the following:
(a) The purchase of a right of interment;
(b) Monuments or other markers;
(c) The outer burial container;
(d) The cost of opening and closing the place of
interment;
(3) The allowance for support made to the surviving
spouse,
minor children, or both under section 2106.13 of the
Revised Code;
(4) Debts entitled to a preference under the laws of the
United States;
(5) Expenses of the last sickness of the decedent;
(6) If the total bill of a funeral director for funeral
expenses exceeds
four thousand dollars, then, in addition
to the
amount described in division
(A)(2) of this section, an
amount,
not exceeding two thousand dollars, for funeral expenses that are
included in the bill and that exceed four
thousand dollars;
(7) Personal property taxes, claims made under the medicaid
estate recovery program instituted pursuant to section 5111.11 of
the Revised Code, and obligations for which the
decedent was
personally liable to the state or any of its
subdivisions;
(8) Debts for manual labor performed for the decedent
within
twelve months preceding the decedent's death, not
exceeding
three
hundred dollars to any one person;
(9) Other debts for which claims have been presented and
finally allowed.
(B) The part of the bill of a funeral director that
exceeds
the total of six thousand dollars as described in
divisions
(A)(2)
and
(6) of this section, and the part of a claim
included
in
division
(A)(8) of this section that exceeds three
hundred
dollars
shall be included as a debt under division
(A)(9) of this
section,
depending upon the time when the claim
for
the additional
amount
is presented.
(C) Any natural person or fiduciary who pays a claim of any
creditor described in division (A) of this section shall be
subrogated to the rights of that creditor proportionate to the
amount of the payment and shall be entitled to reimbursement for
that amount in accordance with the priority of payments set forth
in that division.
(D)(1) Chapters 2113. to 2125. of the Revised Code, relating
to
the manner in which and the time within which claims shall be
presented, shall apply to claims set forth in divisions
(A)(2),
(6),
and
(8) of this section. Claims for an expense of
administration
or for the allowance for support need not be
presented. The
executor or administrator shall pay debts included
in divisions
(A)(4) and
(7) of this section, of which the
executor
or
administrator has knowledge, regardless of
presentation.
(2) The giving of written notice to an executor or
administrator of a motion or application to revive an action
pending against the decedent at the date of death shall be
equivalent to the presentation of a claim to the executor or
administrator for the purpose of determining the order of payment
of any judgment rendered or decree entered in such an action.
(E) No payments shall be made to creditors of one class
until
all those of the preceding class are fully paid or provided
for.
If the assets are insufficient to pay all the claims of one
class,
the creditors of that class shall be paid ratably.
(F) If it appears at any time that the assets have been
exhausted in paying prior or preferred charges, allowances, or
claims,
those payments shall be a bar to an action on any
claim
not entitled to
that priority or preference.
Sec. 2151.362. (A)(1) In the manner prescribed by division
(C)(1) or (2)
of section 3313.64 of the Revised Code, as
applicable, the court, at the
time of
making any order that
removes a child from the child's own
home or
that vests legal or
permanent custody of the child in a person
other
than the child's
parent
or a government agency, shall
determine the school
district
that is to bear the cost of
educating the child. The
court shall
make the
determination a
part of the order that provides for
the
child's placement or
commitment. That school district shall bear
the cost of educating the child unless and until the court
modifies its order department of education determines that a
different district shall be responsible for bearing that cost
pursuant to division (A)(2) of this section. The court's order
shall state that the determination of which school district is
responsible to bear the cost of educating the child is subject to
re-determination by the department pursuant to that division.
(2) If, while the child is in the custody of a person other
than the child's parent or a government agency, the department of
education notifies the court determines that the place of
residence of the child's parent has changed since the court issued
its initial order, the court department may modify its order to
name a different school district to bear the cost of educating the
child. The department may submit the notice to the court upon
receipt, shall make this new determination, and any future
determinations, based on evidence received from the school
district initially ordered currently responsible to bear the cost
of educating the child, of evidence acceptable to the department.
If the department finds that the evidence demonstrates to its
satisfaction that the residence of the child's parent has changed
since the court issued its initial order. In the notice to the
court, the department shall recommend to the court whether a
different district should be ordered to bear the cost of educating
the child and, if so, which district should be so ordered. The
under division (A)(1) of this section, or since the department
last made a determination under division (A)(2) of this section,
the department shall recommend to the court name the district in
which the child's parent currently resides or, if the parent's
residence is not known, the district in which the parent's last
known residence is located. If the department cannot determine any
Ohio district in which the parent currently resides or has
resided, the school district designated in the initial court order
under division (A)(1) of this section, or in the most recent
determination made by the department under division (A)(2) of this
section, shall continue to bear the cost of educating the child.
The court may consider the content of a notice by the
department of education under division (A)(2) of this section as
conclusive evidence as to which school district should bear the
cost of educating the child and may amend its order accordingly.
(B) Whenever a child is placed in a detention facility
established
under section 2152.41 of the Revised Code or a
juvenile facility
established under section 2151.65 of the Revised
Code, the child's school
district as determined by the court or
the department, in the same manner as prescribed in division (A)
of this section, shall
pay the cost of educating the child
based
on the per capita cost
of the educational facility within the
detention
home or juvenile
facility.
(C) Whenever a child is placed by the court in a private
institution, school, or residential treatment center or
any other
private facility, the state shall pay to the court a subsidy to
help defray the expense of educating the child in an amount equal
to the product of the daily per capita educational cost of the
private
facility, as determined pursuant to this section, and the
number of days the child resides at the private facility, provided
that
the subsidy shall not exceed twenty-five
hundred dollars per
year per child. The daily per capita educational cost
of a
private
facility shall be determined by dividing the actual
program cost
of the private facility or twenty-five hundred
dollars, whichever
is less, by
three hundred sixty-five days or by
three hundred
sixty-six days for years
that include February
twenty-ninth. The
state shall pay seventy-five per cent of the
total subsidy for
each year
quarterly to the court. The state may
adjust the
remaining twenty-five per
cent of the
total subsidy to
be paid to
the court for each year to an amount that is less
than
twenty-five
per cent of the total subsidy for that year based upon
the
availability of funds appropriated to the department of
education
for the
purpose of subsidizing courts that place a child
in a
private institution,
school, or residential treatment center
or
any other private facility and
shall pay that adjusted amount
to
the court at the end of the year.
Sec. 2305.2341. (A) The medical liability insurance
reimbursement program is hereby established. Free clinics and
federally qualified health center look-alikes, including the
clinics' and centers' staff and volunteer health care
professionals and volunteer health care workers, may participate
in the medical liability insurance reimbursement program
established by this section. The coverage provided under the
program shall be limited to claims that arise out of the
diagnosis, treatment, and care of patients of free clinics and
centers, as defined in division (D)(1) of this section.
(B) A free clinic or federally qualified health center
look-alike is eligible to receive reimbursement under the medical
liability insurance reimbursement program for the premiums that
the clinic or center pays for medical liability insurance coverage
for the clinic or center, its staff, and volunteer health care
professionals and health care workers. Free clinics and federally
qualified health center look-alikes shall register with the
department of health by the thirty-first day of January of each
year in order to participate in and to obtain reimbursement under
the program. Free Clinics that register with the department in
accordance with this division shall receive priority over centers
that register for reimbursement.
Free clinics and federally qualified health center
look-alikes shall provide all of the following to the department
of health at the time of registration:
(1) A statement of the number of volunteer and paid health
care professionals and health care workers providing health care
services at the free clinic or federally qualified health center
look-alike at that time;
(2) A statement of the number of health care services
rendered by the free clinic or federally qualified health center
look-alike during the previous fiscal year;
(3) A signed form acknowledging that the free clinic or
federally qualified health center look-alike agrees to follow its
medical liability insurer's risk management and loss prevention
policies;
(4) A copy of the medical liability insurance policy
purchased by the free clinic or federally qualified health center
look-alike, or the policy's declaration page, and documentation of
the premiums paid by the clinic or center.
(C) The department of health shall reimburse free clinics and
federally qualified health center look-alikes participating in the
professional liability insurance reimbursement program for up to
eighty per cent of the premiums that the free clinic or center
pays for medical liability insurance coverage up to twenty
thousand dollars. Appropriations to the department of health may
be made from the general fund of the state for this purpose.
(D) As used in this section:
(1) "Federally qualified health center look-alike" means a
public or not-for-profit health center that meets the eligibility
requirements to receive a federal public health services grant
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.
254b, as amended, but does not receive grant funding.
(2) "Free clinic" means a nonprofit organization exempt from
federal income taxation under section 501(c)(3) of the "Internal
Revenue Code of 1986," as amended, or a program component of a
nonprofit organization, whose primary mission is to provide health
care services for free or for a minimal administrative fee to
individuals with limited resources. A free clinic facilitates the
delivery of health care services through the use of volunteer
health care professionals and voluntary care networks. For this
purpose, a free clinic shall comply with all of the following:
(a) If a free clinic does request a minimal administrative
fee, a free clinic shall not deny an individual access to its
health care services based on an individual's ability to pay the
fee.
(b) A free clinic shall not bill a patient for health care
services rendered.
(c) Free clinics shall not perform operations, as defined by
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised
Code.
A clinic is not a free clinic if the clinic bills medicaid,
medicare, or other third-party payers for health care services
rendered at the clinic, and receives twenty-five per cent or more
of the clinic's annual revenue from the third-party payments.
(2)(3) "Health care professional" and "health care worker"
have the same meanings as in section 2305.234 of the Revised Code.
Sec. 2744.02. (A)(1) For the purposes of this chapter,
the
functions of political subdivisions are hereby classified as
governmental functions and proprietary functions. Except as
provided in division (B) of this section, a political subdivision
is not liable in damages in a civil action for injury, death, or
loss to person or property allegedly caused by any act or
omission
of the political subdivision or an employee of the
political
subdivision in connection with a governmental or
proprietary
function.
(2) The defenses and immunities conferred under this chapter
apply in connection with all governmental and proprietary
functions performed by a political subdivision and its employees,
whether performed on behalf of that political subdivision or on
behalf of another political subdivision.
(3) Subject to statutory limitations upon their monetary
jurisdiction, the courts of common pleas, the municipal courts,
and the county courts have jurisdiction to hear and determine
civil actions governed by or brought pursuant to this chapter.
(B) Subject to sections 2744.03 and 2744.05 of the Revised
Code, a political subdivision is liable in damages in a civil
action for injury, death, or loss to person or property
allegedly
caused by an act or omission of the political
subdivision or of
any of its employees in connection with a
governmental or
proprietary function, as follows:
(1) Except as otherwise provided in this division,
political
subdivisions are liable for injury, death, or loss to
person or
property caused by the negligent operation of any
motor vehicle by
their employees
when
the employees are
engaged within the scope
of
their employment and
authority. The following are
full
defenses to
that liability:
(a) A member of a municipal corporation police department
or
any other police agency was operating a motor vehicle while
responding to an emergency call and the operation of the vehicle
did not constitute willful or wanton misconduct;
(b) A member of a municipal corporation fire department or
any other firefighting agency was operating a motor vehicle while
engaged in duty at a fire, proceeding toward a place where a fire
is in progress or is believed to be in progress, or answering
any
other emergency alarm and the operation of the vehicle did
not
constitute willful or wanton misconduct;
(c) A member of an emergency medical service owned or
operated by a political subdivision was operating a motor vehicle
while responding to or completing a call for emergency medical
care or treatment, the member was holding a valid commercial
driver's license issued pursuant to Chapter 4506. or a driver's
license issued pursuant to Chapter 4507. of the Revised Code, the
operation of the vehicle did not constitute willful or wanton
misconduct, and the operation complies with the precautions of
section 4511.03 of the Revised Code.
(2) Except as otherwise provided in sections 3314.07
and
3746.24 of the Revised Code,
political subdivisions are liable for
injury, death,
or loss to person or property caused by the
negligent
performance of acts by their employees with respect to
proprietary functions of the political subdivisions.
(3) Except as otherwise provided in section 3746.24 of the
Revised Code,
political subdivisions are liable for injury, death,
or loss to person or property caused by their
negligent
failure
to
keep
public roads in repair
and other negligent failure to
remove
obstructions from
public
roads,
except that it is a full
defense
to that liability,
when a
bridge
within a municipal
corporation is
involved, that the
municipal
corporation does not
have the
responsibility for
maintaining or
inspecting the bridge.
(4) Except as otherwise provided in section 3746.24 of the
Revised Code,
political subdivisions are liable for injury, death,
or loss to person or property that is caused by the negligence
of
their employees and that occurs within or on the grounds of, and
is due to physical defects within or on the grounds of,
buildings
that are used in connection with the performance of a
governmental
function, including, but not limited to, office
buildings and
courthouses, but not including jails, places of
juvenile
detention, workhouses, or any other detention facility,
as defined
in section 2921.01 of the Revised Code.
(5) In addition to the circumstances described in
divisions
(B)(1) to (4) of this section, a political subdivision
is liable
for injury, death, or loss to person or property when
civil
liability is
expressly imposed upon the political subdivision by
a
section of
the Revised Code, including, but not limited to,
sections 2743.02
and 5591.37 of the Revised Code.
Civil
liability
shall not be construed
to exist under another section of
the
Revised Code merely because
that section imposes
a
responsibility
or mandatory duty
upon a political
subdivision,
because that
section provides for a criminal
penalty,
because of a general
authorization
in that section
that a
political subdivision
may sue
and be sued, or because that
section
uses the term "shall" in a
provision pertaining to a
political
subdivision.
(C) An order that denies a political subdivision or an
employee of a political subdivision the benefit of an alleged
immunity from liability as provided in this chapter or any other
provision of the law is a final order.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the
person's
provider agreement for the goods or services and
any
deductibles
or co-payments cost-sharing expenses authorized by
section
5111.0112 of
the Revised Code
or rules
adopted
pursuant to
section 5111.01, 5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any deductibles or co-payments cost-sharing expenses authorized by
section 5111.0112 of the Revised Code or
rules adopted under
section
5111.01, 5111.011, or 5111.02 of
the Revised Code,
in cash
or in kind, including,
but not
limited to, a
kickback or
rebate,
in connection with the
furnishing of goods or
services for
which
whole or partial
reimbursement is or may be
made under the
medical
assistance
program.
(D) No person, having submitted a claim for or provided
goods
or services under the medical assistance program, shall do
either
of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five hundred dollars or more and is
less than five thousand
dollars, medicaid fraud is a felony of the fifth
degree. If the
value of property, services, or funds obtained in violation of
this section is five thousand dollars or more and is less than one
hundred
thousand dollars, medicaid fraud is
a felony of the fourth
degree. If the value of the
property, services, or funds obtained
in violation of this
section is one hundred thousand dollars or
more, medicaid fraud is
a
felony of the third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2921.42. (A) No public official shall knowingly do
any
of the following:
(1) Authorize, or employ the authority or influence of his
the
public official's
office to secure authorization of any public
contract in which
he the public official, a member of his the
public
official's family, or any of his the public official's
business associates has
an interest;
(2) Authorize, or employ the authority or influence of his
the
public official's
office to secure the investment of public
funds in any share,
bond, mortgage, or other security, with
respect to which he the
public official, a
member of his the
public official's family, or any of his
the public official's
business associates either
has an interest, is an underwriter, or
receives any brokerage,
origination, or servicing fees;
(3) During his the public official's term of office or within
one year
thereafter, occupy any position of profit in the
prosecution of a
public contract authorized by him the public
official or by a
legislative body,
commission, or board of which
he the public official was a
member at the time of
authorization,
unless the contract was let by competitive bidding
to the lowest
and best bidder;
(4) Have an interest in the profits or benefits of a
public
contract entered into by or for the use of the political
subdivision or governmental agency or instrumentality with which
he the public official is connected;
(5) Have an interest in the profits or benefits of a
public
contract that is not let by competitive bidding if
required by law
and that involves more than one hundred fifty
dollars.
(B) In the absence of bribery or a purpose to defraud, a
public official, member of his a public official's family, or
any
of his a public official's business
associates shall not be
considered as having an interest in a
public contract or the
investment of public funds, if all of the
following apply:
(1) The interest of that person is limited to owning or
controlling shares of the corporation, or being a creditor of the
corporation or other organization, that is the contractor on the
public contract involved, or that is the issuer of the security
in
which public funds are invested;
(2) The shares owned or controlled by that person do not
exceed five per cent of the outstanding shares of the
corporation,
and the amount due that person as creditor does not
exceed five
per cent of the total indebtedness of the corporation
or other
organization;
(3) That person, prior to the time the public contract is
entered into, files with the political subdivision or
governmental
agency or instrumentality involved, an affidavit
giving his that
person's exact status in connection with the
corporation or
other
organization.
(C) This section does not apply to a public contract in
which
a public official, member of his a public official's
family, or
one of his a public official's
business associates has an
interest, when all of the following
apply:
(1) The subject of the public contract is necessary
supplies
or services for the political subdivision or
governmental agency
or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere
for
the same or lower cost, or are being furnished to the
political
subdivision or governmental agency or instrumentality
as part of a
continuing course of dealing established prior to
the public
official's becoming associated with the political
subdivision or
governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or
governmental agency or instrumentality is either preferential to
or the same as that accorded other customers or clients in
similar
transactions;
(4) The entire transaction is conducted at arm's length,
with
full knowledge by the political subdivision or governmental
agency
or instrumentality involved, of the interest of the public
official, member of his the public official's family, or
business
associate, and the
public official takes no part in the
deliberations or decision of
the political subdivision or
governmental agency or
instrumentality with respect to the public
contract.
(D) Division (A)(4) of this section does not prohibit
participation by a public employee in any housing program funded
by public moneys if the public employee otherwise qualifies for
the program and does not use the authority or influence of his the
public employee's
office or employment to secure benefits from the
program and if
the moneys are to be used on the primary residence
of the public
employee. Such participation does not constitute an
unlawful
interest in a public contract in violation of this
section.
(E) Whoever violates this section is guilty of having an
unlawful interest in a public contract. Violation of division
(A)(1) or (2) of this section is a felony of the fourth degree.
Violation of division (A)(3), (4), or (5) of this section is a
misdemeanor of the first degree.
(F) It is not a violation of this section for a
prosecuting
attorney to appoint assistants and employees in
accordance with
sections 309.06 and 2921.421 of the Revised Code,
for a chief
legal officer of a municipal corporation or an
official designated
as prosecutor in a municipal corporation to
appoint assistants and
employees in accordance with sections
733.621 and 2921.421 of the
Revised Code, or for a township law
director appointed under
section 504.15 of the Revised Code to
appoint assistants and
employees in accordance with sections
504.151 and 2921.421 of the
Revised Code.
(F)(G) This section does not apply to a public contract in
which a township trustee in a township with a population of five
thousand or less in its unincorporated area, a member of the
township trustee's family, or one of his the township trustee's
business associates has
an interest, if all of the following
apply:
(1) The subject of the public contract is necessary
supplies
or services for the township and the amount of the
contract is
less than five thousand dollars per year;
(2) The supplies or services are being furnished to the
township as part of a continuing course of dealing established
before the township trustee held that office with the township;
(3) The treatment accorded the township is either
preferential to or the same as that accorded other customers or
clients in similar transactions;
(4) The entire transaction is conducted with full
knowledge
by the township of the interest of the township
trustee, member of
his the township trustee's family, or
his the township trustee's
business associate.
(G)(H) Any public contract in which a public official, a
member of the public official's family, or any of the public
official's business associates has an interest in violation of
this section is void and unenforceable. Any contract securing the
investment of public funds in which a public official, a member of
the public official's family, or any of the public official's
business associates has an interest, is an underwriter, or
receives any brokerage, origination, or servicing fees and that
was entered into in violation of this section is void and
unenforceable.
(I) As used in this section:
(1) "Public contract" means any of the following:
(a) The purchase or acquisition, or a contract for the
purchase or acquisition, of property or services by or for the
use
of the state, any of its political subdivisions, or any
agency or
instrumentality of either, including the employment of
an
individual by the state, any of its political subdivisions, or
any
agency or instrumentality of either;
(b) A contract for the design, construction, alteration,
repair, or maintenance of any public property.
(2) "Chief legal officer" has the same meaning as in
section
733.621 of the Revised Code.
Sec. 2927.023. (A) As used in this section "authorized
recipient of tobacco products" means a person who is:
(1) Licensed as a cigarette wholesale dealer under section
5743.15 of the Revised Code;
(2) Licensed as a distributor of tobacco products under
section 5743.61 of the Revised Code retail dealer as long as the
person purchases cigarettes with the appropriate tax stamp
affixed;
(3) An export warehouse proprietor as defined in section 5702
of the Internal Revenue Code;
(4) An operator of a customs bonded warehouse under 19 U.S.C.
1311 or 19 U.S.C. 1555;
(5) An officer, employee, or agent of the federal government
or of this state acting in the person's official capacity;
(6) A department, agency, instrumentality, or political
subdivision of the federal government or of this state;
(7) A person having a consent for consumer shipment issued by
the tax commissioner under section 5743.71 of the Revised Code.
The purpose of this section is to prevent the sale of
cigarettes to minors and to ensure compliance with the Master
Settlement Agreement, as defined in section 1346.01 of the Revised
Code.
(B)(1) No person shall cause to be shipped any cigarettes to
any person in this state other than an authorized recipient of
tobacco products.
(2) No common carrier, contract carrier, or other person
shall knowingly transport cigarettes to any person in this state
that the carrier or other person reasonably believes is not an
authorized recipient of tobacco products. If cigarettes are
transported to a home or residence, it shall be presumed that the
common carrier, contract carrier, or other person knew that the
person to whom the cigarettes were delivered was not an authorized
recipient of tobacco products.
(C) No person engaged in the business of selling cigarettes
who ships or causes to be shipped cigarettes to any person in this
state in any container or wrapping other than the original
container or wrapping of the cigarettes shall fail to plainly and
visibly mark the exterior of the container or wrapping in which
the cigarettes are shipped with the words "cigarettes."
(D) A court shall impose a fine of up to one thousand dollars
for each violation of division (B)(1), (B)(2), or (C) of this
section.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans' home
police
officer
appointed under section 5907.02 of the Revised Code,
special
police officer employed by a port authority under section
4582.04
or 4582.28 of the Revised Code, or a special police
officer
employed by a municipal corporation at a municipal
airport, or
other municipal air navigation facility, that has
scheduled
operations, as defined in section 119.3 of Title 14 of
the Code of
Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is
required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air
navigation facility, in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall
arrest and detain,
until a warrant can be obtained, a person
found
violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised
Code or
while providing security pursuant to division
(D)(1)(f)
of
section 101.311 of the Revised Code, a
law of this
state, an
ordinance of a municipal corporation, or a resolution of
a
township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907.
of the Revised Code,
port authority, or
municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or
elected or
within the limits of the
territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace
officer has
reasonable grounds to believe that the offense
of
domestic
violence or the offense of violating a protection
order
has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this
section which family or
household member is the primary
physical
aggressor in a situation
in which family or household
members have
committed the offense
of domestic violence or the
offense of
violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any
other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was
caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the
persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to Chapter 2981. of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section 2981.12 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a)
to (g) of
this section, a peace officer described in
division
(A)
of this section arrests and detains a person
pursuant
to division
(B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of
this
section, a peace officer described in division
(A) of
this
section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the
Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), (3), (4), or (5) of section
4506.15 or a
violation of section 4511.19 of the Revised Code has
been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer
designated
pursuant
to section 1503.29 of the Revised Code, a
preserve officer designated
pursuant to
section 1517.10 of the
Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to
section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
(8) "Portion of any street or highway" means all lanes of the
street or highway irrespective of direction of travel, including
designated turn lanes, and any berm, median, or shoulder.
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care
of
a child, upon hearing the testimony of either or both parents
and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the
minor
children of the marriage. Subject to division (D)(2) of
this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:
(1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent
files
both a pleading or motion and a shared parenting plan under
that
division but no plan for shared parenting is in the best
interest
of the children, the court, in a manner consistent with
the best
interest of the children, shall allocate the parental
rights and
responsibilities for the care of the children
primarily to one of
the parents, designate that parent as the
residential parent and
the legal custodian of the child, and
divide between the parents
the other rights and responsibilities
for the care of the
children, including, but not limited to, the
responsibility to
provide support for the children and the right
of the parent who
is not the residential parent to have
continuing contact with the
children.
(2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for
shared
parenting pursuant to that division and if a plan for
shared
parenting is in the best interest of the children and is
approved
by the court in accordance with division (D)(1) of this
section,
the court may allocate the parental rights and
responsibilities
for the care of the children to both parents and
issue a shared
parenting order requiring the parents to share all
or some of the
aspects of the physical and legal care of the
children in
accordance with the approved plan for shared
parenting. If the
court issues a shared parenting order under
this division and it
is necessary for the purpose of receiving
public assistance, the
court shall designate which one of the
parents' residences is to
serve as the child's home. The child
support obligations of the
parents under a shared parenting order
issued under this division
shall be determined in accordance with
Chapters 3119., 3121.,
3123.,
and 3125. of the Revised Code.
(B)(1) When making the allocation of the parental rights
and
responsibilities for the care of the children under this
section
in an original proceeding or in any proceeding for
modification of
a prior order of the court making the allocation,
the court shall
take into account that which would be in the best
interest of the
children. In determining the child's best
interest for purposes
of
making its allocation of the parental
rights and
responsibilities
for the care of the child and for
purposes of
resolving any issues
related to the making of that
allocation, the
court, in its
discretion, may and, upon the
request of either
party, shall
interview in chambers any or all
of the involved
children
regarding their wishes and concerns with
respect to the
allocation.
(2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply:
(a) The court, in its discretion, may and, upon the motion
of
either parent, shall appoint a guardian ad litem for the
child.
(b) The court first shall determine the reasoning ability
of
the child. If the court determines that the child does not
have
sufficient reasoning ability to express the child's
wishes and
concern with respect to the allocation of parental rights and
responsibilities for the care of the child, it shall not
determine
the child's wishes and concerns with respect to the
allocation.
If
the court determines that the child has
sufficient reasoning
ability to express the child's wishes
or concerns
with respect to
the allocation, it then shall determine whether,
because of
special circumstances, it would not be in the best
interest of the
child to determine the child's wishes and
concerns with respect to
the allocation. If the court determines
that, because of special
circumstances, it would not be in the
best interest of the child
to determine the child's wishes and
concerns with respect to the
allocation, it shall not determine
the child's wishes and concerns
with respect to the allocation
and shall enter its written
findings of fact and opinion in the
journal. If the court
determines that it would be in the best
interests of the child to
determine the child's wishes and
concerns with respect to the
allocation, it shall proceed to make
that determination.
(c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge, any
necessary court personnel, and, in the judge's discretion, the
attorney of each parent shall be permitted to be present in the
chambers during the interview.
(3) No person shall obtain or attempt to obtain from a
child
a written or recorded statement or affidavit setting forth
the
child's wishes and concerns regarding the allocation of
parental
rights and responsibilities concerning the child. No
court, in
determining the child's best interest for purposes of
making its
allocation of the parental rights and responsibilities
for the
care of the child or for purposes of resolving any issues
related
to the making of that allocation, shall accept or
consider a
written or recorded statement or affidavit that
purports to set
forth the child's wishes and concerns regarding
those matters.
(C) Prior to trial, the court may cause an investigation
to
be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may order
the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five
days
before
trial, upon written request. The report shall be signed by
the
investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of the
report. The court may tax as costs all or any part of the
expenses
for each investigation.
If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be
the
perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care
of children or determines whether to grant shared parenting in
any
proceeding, it shall consider whether either parent or any member
of the household of either parent has been
convicted of or pleaded
guilty to a violation of section 2919.25
of the Revised Code or a
sexually oriented offense involving a victim who at the time of
the
commission of the offense was a member of the family or
household
that is the subject of the proceeding, has been
convicted of or
pleaded guilty to any sexually oriented offense or
other offense involving a victim who at the
time of the commission
of the offense was a member of the family
or household that is the
subject of the proceeding and caused
physical harm to the victim
in the commission of the offense, or
has been determined to be the
perpetrator of the abusive act that
is the basis of an
adjudication that a child is an abused child.
If the court
determines that either parent has been convicted of
or pleaded
guilty to a violation of section 2919.25 of the
Revised
Code or a
sexually oriented offense involving a victim who at the time of
the commission
of the
offense was a member of the family or
household that is
the
subject of the proceeding, has been
convicted of or pleaded
guilty
to any sexually oriented offense or
other offense involving a victim who at the time of
the
commission
of the offense was a member of the family or
household
that is the
subject of the proceeding and caused
physical harm to
the victim
in the commission of the offense, or
has been
determined to be the
perpetrator of the abusive act that
is the
basis of an
adjudication that a child is an abused child,
it may
designate
that parent as the residential parent and may
issue a
shared
parenting decree or order only if it determines
that it is
in the
best interest of the child to name that parent
the
residential
parent or to issue a shared parenting decree or
order
and it makes
specific written findings of fact to support
its
determination.
(D)(1)(a) Upon the filing of a pleading or motion by
either
parent or both parents, in accordance with division (G) of
this
section, requesting shared parenting and the filing of a
shared
parenting plan in accordance with that division, the court
shall
comply with division (D)(1)(a)(i), (ii), or (iii) of this
section,
whichever is applicable:
(i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if it
is in the best interest of the children. If the court determines
that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any
part of the plan is not in the best interest of the children, the
court shall require the parents to make appropriate changes to
the
plan to meet the court's objections to it. If changes to the
plan
are made to meet the court's objections, and if the new plan
is in
the best interest of the children, the court shall approve
the
plan. If changes to the plan are not made to meet the
court's
objections, or if the parents attempt to make changes to
the plan
to meet the court's objections, but the court determines
that the
new plan or any part of the new plan still is not in the
best
interest of the children, the court may reject the portion
of the
parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the
pleadings or the motion had not been made. The court shall not
approve a plan under this division unless it determines that the
plan is in the best interest of the children.
(ii) If each parent makes a request in the parent's
pleadings
or
files a motion and each also files a separate plan,
the
court
shall review each plan filed to determine if either is
in
the best
interest of the children. If the court determines
that
one of the
filed plans is in the best interest of the
children,
the court may
approve the plan. If the court determines
that
neither filed plan
is in the best interest of the children,
the
court may order each
parent to submit appropriate changes to
the parent's plan or both
of the filed plans to meet the court's
objections, or may select
one of the filed plans and order each
parent to submit appropriate
changes to the selected plan to meet
the court's objections. If
changes to the plan or plans are
submitted to meet the court's
objections, and if any of the filed
plans with the changes is in
the best interest of the children,
the court may approve the plan
with the changes. If changes to
the plan or plans are not
submitted to meet the court's
objections, or if the parents submit
changes to the plan or plans
to meet the court's objections but
the court determines that none
of the filed plans with the
submitted changes is in the best
interest of the children, the
court may reject the portion of the
parents' pleadings or deny
their motions requesting shared
parenting of the children and
proceed as if the requests in the
pleadings or the motions had not
been made. If the court
approves
a plan under this division,
either as originally filed
or with
submitted changes, or if the
court rejects the portion of
the
parents' pleadings or denies
their motions requesting shared
parenting under this division and
proceeds as if the requests in
the pleadings or the motions had
not been made, the court shall
enter in the record of the case
findings of fact and conclusions
of law as to the reasons for the
approval or the rejection or
denial. Division (D)(1)(b) of this
section applies in relation
to
the approval or disapproval of a
plan under this division.
(iii) If each parent makes a request in the parent's
pleadings or
files a motion but only one parent files a plan, or
if
only
one parent makes a request in the parent's pleadings or
files a motion and
also files a plan, the court in the best
interest of the children
may order the other parent to file a plan
for shared parenting in
accordance with division (G) of this
section. The court shall
review each plan filed to determine if
any plan is in the best
interest of the children. If the court
determines that one of
the filed plans is in the best interest of
the children, the
court may approve the plan. If the court
determines that no
filed plan is in the best interest of the
children, the court may
order each parent to submit appropriate
changes to the
parent's plan
or both of the filed plans to meet
the court's objections or may
select one filed plan and order each
parent to submit appropriate
changes to the selected plan to meet
the court's objections. If
changes to the plan or plans are
submitted to meet the court's
objections, and if any of the filed
plans with the changes is in
the best interest of the children,
the court may approve the plan
with the changes. If changes to
the
plan or plans are not
submitted to meet the court's
objections, or
if the parents
submit changes to the plan or plans
to meet the
court's
objections but the court determines that none
of the filed
plans
with the submitted changes is in the best
interest of the
children, the court may reject the portion of the
parents'
pleadings or deny the parents' motion or reject the
portion of
the
parents' pleadings or deny their motions requesting
shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the
court
approves a plan under this division, either as originally
filed or
with submitted changes, or if the court rejects the
portion of the
pleadings or denies the motion or motions
requesting shared
parenting under this division and proceeds as
if the request or
requests or the motion or motions had not been
made, the court
shall enter in the record of the case findings of
fact and
conclusions of law as to the reasons for the approval or
the
rejection or denial. Division (D)(1)(b) of this section
applies
in
relation to the approval or disapproval of a plan
under this
division.
(b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the children.
If the court, under either division, does not determine that any
filed plan or any filed plan with submitted changes is in the
best
interest of the children, the court shall not approve any
plan.
(c) Whenever possible, the court shall require that a
shared
parenting plan approved under division (D)(1)(a)(i), (ii),
or
(iii) of this section ensure the opportunity for both parents
to
have frequent and continuing contact with the child, unless
frequent and continuing contact with any parent would not be in
the best interest of the child.
(d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared parenting
decree granting the parents the shared parenting of the children.
Any final shared parenting decree shall be issued at the same
time
as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action
out of which the question of the allocation of parental rights
and
responsibilities for the care of the children arose.
No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section.
(2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings, together
with as much of the record and the further information, in
narrative form or otherwise, that it considers necessary or as
the
juvenile court requests, to the juvenile court for further
proceedings, and, upon the certification, the juvenile court has
exclusive jurisdiction.
(E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances
of the child, the child's residential parent, or either of
the
parents
subject to a shared parenting decree, and that the
modification
is necessary to serve the best interest of the child.
In
applying these standards, the court shall retain the
residential
parent designated by the prior decree or the prior
shared
parenting decree, unless a modification is in the best
interest
of the child and one of the following applies:
(i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting
decree
agree to a change in the designation of residential parent.
(ii) The child, with the consent of the residential parent
or
of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent.
(iii) The harm likely to be caused by a change of
environment
is outweighed by the advantages of the change of
environment to
the child.
(b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both parents
shared rights and responsibilities for the care of the children.
The motion shall include both a request for modification of the
prior decree and a request for a shared parenting order that
complies with division (G) of this section. Upon the filing of
the
motion, if the court determines that a modification of the
prior
decree is authorized under division (E)(1)(a) of this
section, the
court may modify the prior decree to grant a shared
parenting
order, provided that the court shall not modify the
prior decree
to grant a shared parenting order unless the court
complies with
divisions (A) and (D)(1) of this section and, in
accordance with
those divisions, approves the submitted shared
parenting plan and
determines that shared parenting would be in
the best interest of
the children.
(2) In addition to a modification authorized under
division
(E)(1) of this section:
(a) Both parents under a shared parenting decree jointly
may
modify the terms of the plan for shared parenting approved by
the
court and incorporated by it into the shared parenting
decree.
Modifications under this division may be made
at any time. The
modifications to the plan shall be filed
jointly by both parents
with the court, and the court shall
include them in the plan,
unless they are not in the best
interest of the children. If the
modifications are not in the best interests
of the children, the
court, in its discretion, may reject the
modifications or make
modifications to the proposed modifications or the plan
that are
in the best interest of the children. Modifications jointly
submitted by both parents under a shared parenting decree shall be
effective,
either as originally filed
or as modified by the court,
upon their
inclusion by the court in the plan. Modifications to
the plan made by the
court shall be effective upon their inclusion
by the court in the plan.
(b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court
determines that the modifications are in the best interest
of the children or
upon the request of one or both of the
parents
under the decree. Modifications under this division may
be made
at
any time. The court shall not make any
modification to the
plan
under this division, unless the
modification is in the best
interest of the children.
(c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that includes
a shared parenting plan approved under division (D)(1)(a)(ii) or
(iii) of this section if it determines, upon its own motion or
upon the request of one or both parents, that shared parenting is
not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and
incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court
rejects the modifications, it may terminate the final shared
parenting decree if it determines that shared parenting is not in
the best interest of the children.
(d) Upon the termination of a prior final shared
parenting
decree under division (E)(2)(c) of this section,
the court shall
proceed and issue a modified decree for the
allocation of parental
rights and responsibilities for the care
of the children under the
standards applicable under divisions
(A), (B), and (C) of this
section as if no decree for shared
parenting had been granted and
as if no request for shared
parenting ever had been made.
(F)(1) In determining the best interest of a child
pursuant
to this section, whether on an original decree
allocating parental
rights and responsibilities for the care of
children or a
modification of a decree allocating those rights
and
responsibilities, the court shall consider all relevant
factors,
including, but not limited to:
(a) The wishes of the child's parents regarding the child's
care;
(b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns of
the child, as expressed to the court;
(c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly
affect the child's best interest;
(d) The child's adjustment to the child's home, school, and
community;
(e) The mental and physical health of all persons involved
in
the situation;
(f) The parent more likely to honor and facilitate
court-approved parenting time rights or
visitation and
companionship rights;
(g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
that parent pursuant to a child support order under which that
parent is an obligor;
(h) Whether either parent or any member of the household of
either parent previously has been convicted of
or pleaded guilty
to any criminal offense involving any act that
resulted in a child
being an abused child or a neglected child;
whether either parent,
in a case in which a child has been
adjudicated an abused child or
a neglected child, previously has
been determined to be the
perpetrator of the abusive or
neglectful
act that is the basis of
an adjudication; whether
either parent or any member of the
household of either parent
previously has been convicted of or
pleaded guilty
to a violation
of section 2919.25 of the Revised
Code or a sexually oriented offense involving a
victim who at
the
time of the commission of the offense was a
member of the
family
or household that is the subject of the
current proceeding;
whether either parent or any member of the household of either
parent previously has been
convicted of or pleaded
guilty to any
offense involving a victim
who at the time of the
commission of
the offense was a member of
the family or household
that is the
subject of the current
proceeding and caused physical
harm to the
victim in the
commission of the offense; and whether
there is
reason to believe
that either parent has acted in a
manner
resulting in a child
being an abused child or a neglected
child;
(i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to
parenting time
in
accordance with an order of the court;
(j) Whether either parent has established a residence, or
is
planning to establish a residence, outside this state.
(2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated in
division (F)(1) of this section, the factors enumerated in
section
3119.23
of the Revised Code, and all
of the following
factors:
(a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children;
(b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent;
(c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent;
(d) The geographic proximity of the parents to each other,
as
the proximity relates to the practical considerations of
shared
parenting;
(e) The recommendation of the guardian ad litem of the
child,
if the child has a guardian ad litem.
(3) When allocating parental rights and responsibilities
for
the care of children, the court shall not give preference to
a
parent because of that parent's financial status or condition.
(G) Either parent or both parents of any children may file
a
pleading or motion with the court requesting the court to grant
both parents shared parental rights and responsibilities for the
care of the children in a proceeding held pursuant to division
(A)
of this section. If a pleading or motion requesting shared
parenting is filed, the parent or parents filing the pleading or
motion also shall file with the court a plan for the exercise of
shared parenting by both parents. If each parent files a
pleading
or motion requesting shared parenting but only one
parent files a
plan or if only one parent files a
pleading
or motion requesting
shared parenting and also files a plan, the
other parent as
ordered by the court shall file with the court a
plan for the
exercise of shared parenting by both parents. The
plan for shared
parenting shall be filed with the petition for
dissolution of
marriage, if the question of parental rights and
responsibilities
for the care of the children arises out of an
action for
dissolution of marriage, or, in other cases, at a time
at least
thirty days prior to the hearing on the issue of the
parental
rights and responsibilities for the care of the
children. A plan
for shared parenting shall include provisions
covering all factors
that are relevant to the care of the
children, including, but not
limited to, provisions covering
factors such as physical living
arrangements, child support
obligations, provision for the
children's medical and dental
care, school placement, and the
parent with which the children will be
physically located during
legal holidays, school holidays, and other days of
special
importance.
(H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it
expeditiously.
(I) Upon receipt of an order to active military service in
the uniformed services, a parent who is subject to an order
allocating parental rights and responsibilities or in relation to
whom an action to allocate parental rights and responsibilities is
pending and who is ordered to active military service shall notify
the other parent who is subject to the order or in relation to
whom the case is pending of the order to active military service
within three days of receiving the military service order.
Either
parent may apply to the court for a hearing to expedite an
allocation or modification proceeding. The application shall
include the date on which the active military service begins.
The court shall schedule a hearing upon receipt of the
application and hold the hearing not later than thirty days after
receipt of the application, except that the court shall give the
case calendar priority and handle the case expeditiously if
exigent circumstances exist in the case.
The court shall not modify a prior decree allocating parental
rights and responsibilities unless the court determines that there
has been a change in
circumstances of the child, the child's
residential parent, or
either of the parents subject to a shared
parenting decree, and
that modification is necessary to serve the
best interest of the
child. The court may consider active
military service in the
uniformed services in determining whether
a change in
circumstances exists under this section and shall
make specific written findings of fact to support any modification
under this division.
Upon application by either parent, the court may modify a
prior decree allocating parental rights and responsibilities after
the parent's active military service has been terminated, hearing
testimony and making specific written findings of fact to support
the modification.
Nothing in this division shall prevent a court from issuing a
temporary order allocating or modifying parental rights and
responsibilities for the duration of the parent's active military
service.
(J) As used in this section:
(1) "Abused child" has the same
meaning as in section
2151.031 of the Revised Code, and
"neglected.
(2) "Active military service" means the performance of active
military duty by a member of the uniformed services for a period
of more than thirty days.
(3) "Neglected
child" has the same meaning as in section
2151.03 of
the Revised
Code.
(2)(4) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(5) "Uniformed services" means the United States armed
forces, army national guard and air national guard when engaged in
active duty for training, or the commissioned corps of the United
States public health service.
(J)(K) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (K)(L)(6) of this section, all or
some of the
aspects of physical
and legal care of their children.
(K)(L) For purposes of the Revised Code:
(1) A parent who is granted the care, custody, and control
of
a child under an order that was issued pursuant to this
section
prior to April 11, 1991, and that does not provide for
shared
parenting has "custody of the child" and "care, custody,
and
control of the child" under the order, and is the
"residential
parent," the "residential parent and legal
custodian," or the
"custodial parent" of the child under the
order.
(2) A parent who primarily is allocated the parental
rights
and responsibilities for the care of a child and who is
designated
as the residential parent and legal custodian of the
child under
an order that is issued pursuant to this section on
or after April
11, 1991, and that does not provide for shared
parenting has
"custody of the child" and "care, custody, and
control of the
child" under the order, and is the "residential
parent," the
"residential parent and legal custodian," or the
"custodial
parent" of the child under the order.
(3) A parent who is not granted custody of a child under
an
order that was issued pursuant to this section prior to April
11,
1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is
not
the residential parent and legal custodian," or the
"noncustodial
parent" of the child under the order.
(4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is
not
designated as the residential parent and legal custodian of
the
child under an order that is issued pursuant to this section
on or
after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian,"
or
the "noncustodial parent" of the child under the order.
(5) Unless the context clearly requires otherwise, if an
order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, both parents have
"custody of the child" or "care, custody, and control of the
child" under the order, to the extent and in the manner specified
in the order.
(6) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, if an order is issued
by a
court pursuant to this section and the order provides for
shared
parenting of a child, each parent, regardless of where the child
is
physically located or with whom the child is residing at a
particular point in
time, as specified in the order,
is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child.
(7) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, a designation in the order of
a
parent as the residential parent for the purpose of determining
the school the
child attends, as the custodial parent for purposes
of claiming the child as a
dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A.
1, as amended, or as the residential parent for
purposes of
receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division
(K)(L)(6) of this
section of each parent as the "residential
parent,"
the "residential parent
and legal custodian," or the
"custodial
parent" of the child.
(L)(M) The court shall require each parent of a child to file
an affidavit attesting as to whether the parent, and the members
of the parent's household, have been convicted of or pleaded
guilty to any of the offenses identified in divisions (C) and
(F)(1)(h) of this section.
Sec. 3109.041. (A) Parties to any custody decree issued
pursuant to section 3109.04 of the Revised Code prior to the
effective date of this amendment April 11, 1991, may
file a
motion
with the court that issued the decree requesting the
issuance of a
shared parenting decree in accordance with division
(G) of section
3109.04 of the Revised Code. Upon the filing of
the motion, the
court shall determine whether to grant the
parents shared rights
and responsibilities for the care of the
children in accordance
with divisions (A), (D)(1), and (E)(1), and (I) of
section 3109.04
of the Revised Code.
(B) A custody decree issued pursuant to section 3109.04 of
the Revised Code prior to the effective date of this amendment
April 11, 1991, that granted joint care, custody, and
control of
the
children to the parents shall not be affected or invalidated
by,
and shall not be construed as being affected or invalidated
by,
the provisions of section 3109.04 of the Revised Code relative
to
the granting of a shared parenting decree or a decree
allocating
parental rights and responsibilities for the care of
children on
and after the effective date of this amendment April
11,
1991.
The decree issued prior to the effective date of this
amendment
April 11, 1991 shall remain in full force and effect,
subject to
modification or termination pursuant to section 3109.04
of the
Revised Code as that section exists on and after the
effective
date of this amendment April 11, 1991.
(C) As used in this section, "joint custody" and "joint
care,
custody, and control" have the same meaning as "shared
parenting."
Sec. 3119.022. When a court or child support enforcement
agency
calculates the amount of child support to
be paid pursuant
to a child support order
in a proceeding in which one parent is
the
residential parent and legal custodian of all of the children
who
are the subject of the child support order or in which the
court issues a
shared parenting order, the court or
agency shall
use a worksheet identical in content and
form to the following:
CHILD SUPPORT COMPUTATION WORKSHEET
SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER
Name of parties ................................................
Case No. .......................................................
Number of minor children .......................................
The following parent was designated as residential parent and
legal
custodian: ...... mother ...... father ...... shared
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Column I |
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Column II |
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Column III |
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Father |
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Mother |
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Combined |
INCOME: |
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1.a. |
Annual gross income from |
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employment or, when |
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determined appropriate |
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by the court or agency, |
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average annual gross income |
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from employment over a |
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reasonable period of years. |
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(Exclude overtime, bonuses, |
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self-employment income, or |
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commissions)............... |
$...... |
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$...... |
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b. |
Amount of overtime, |
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bonuses, and commissions |
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(year 1 representing the |
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most recent year) |
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Father |
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Mother |
Yr. 3 $.......... |
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Yr. 3 $.......... |
(Three years ago) |
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(Three years ago) |
Yr. 2 $.......... |
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Yr. 2 $.......... |
(Two years ago) |
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(Two years ago) |
Yr. 1 $.......... |
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Yr. 1 $.......... |
(Last calendar year) |
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(Last calendar year) |
Average $......... |
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Average $......... |
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(Include in Col. I and/or |
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Col. II the average of the |
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three years or the year 1 |
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amount, whichever is less, |
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if there exists a reasonable |
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expectation that the total |
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earnings from overtime and/or |
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bonuses during the current |
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calendar year will meet or |
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exceed the amount that is |
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the lower of the average |
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of the three years or the |
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year 1 amount. If, however, |
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there exists a reasonable |
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expectation that the total |
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earnings from overtime/ |
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bonuses during the current |
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calendar year will be less |
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than the lower of the average |
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of the 3 years or the year 1 |
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amount, include only the |
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amount reasonably expected |
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to be earned this year.)... |
$...... |
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$...... |
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2. |
For self-employment income: |
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a. |
Gross receipts from |
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business................... |
$...... |
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$...... |
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b. |
Ordinary and necessary |
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business expenses.......... |
$...... |
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$...... |
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c. |
5.6% of adjusted gross |
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income or the actual |
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marginal difference between |
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the actual rate paid by the |
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self-employed individual |
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and the F.I.C.A. rate ..... |
$...... |
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$...... |
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d. |
Adjusted gross income from |
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self-employment (subtract |
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the sum of 2b and 2c from |
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2a)........................ |
$...... |
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$...... |
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3. |
Annual income from interest |
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and dividends (whether or |
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not taxable)............... |
$...... |
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$...... |
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4. |
Annual income from
|
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unemployment compensation... |
$...... |
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$...... |
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5. |
Annual income from workers' |
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compensation, disability |
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insurance benefits, or social |
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security disability/ |
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retirement benefits........ |
$...... |
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$...... |
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6. |
Other annual income |
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(identify)................. |
$...... |
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$...... |
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7.a. |
Total annual gross income |
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(add lines 1a, 1b, 2d, and |
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3-6)....................... |
$...... |
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$...... |
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b. |
Health insurance maximum |
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(multiply line 7a by 5%) |
$...... |
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$...... |
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ADJUSTMENTS TO INCOME: |
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8. |
Adjustment for minor children |
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born to or adopted by either |
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parent and another parent who |
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are living with this parent; |
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adjustment does not apply |
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to stepchildren (number of |
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children times federal income |
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tax exemption less child
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support received, not to |
|
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exceed the federal tax |
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exemption)................. |
$...... |
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$...... |
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9. |
Annual court-ordered support |
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paid for other children.... |
$...... |
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$...... |
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10. |
Annual court-ordered spousal |
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support paid to any spouse |
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or former spouse........... |
$...... |
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$...... |
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11. |
Amount of local income taxes |
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actually paid or estimated |
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to be paid................. |
$...... |
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$...... |
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12. |
Mandatory work-related |
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deductions such as union |
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dues, uniform fees, etc. |
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(not including taxes, social |
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security, or retirement)... |
$...... |
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$...... |
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13. |
Total gross income
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adjustments (add lines
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8 through 12).............. |
$...... |
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$...... |
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14. |
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a. |
Adjusted annual gross |
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income (subtract line 13 |
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from line 7a).............. |
$...... |
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$...... |
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b. |
Cash medical support |
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maximum (If the amount |
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on line 7a, Col. I, is |
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under 150% of the federal |
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poverty level for an |
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individual, enter $0 on |
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line 14b, Col. I. If |
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the amount on line 7a, |
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Col. I, is 150% or |
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higher of the federal |
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poverty level for an |
|
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individual, multiply the |
|
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amount on line 14a, Col. I, |
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by 5% and enter this amount |
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on line 14b, Col. I. |
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If the amount on line 7a, |
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Col. II, is under 150% |
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of the federal poverty level |
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for an individual, enter |
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$0 on line 14b, Col. II. |
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If the amount on line 7a, |
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Col. II, is 150% or higher |
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of the federal poverty level |
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for an individual, multiply |
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the amount on line 14a, |
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Col. II, by 5% and enter |
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this amount on line 14b, |
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Col. II.)................. |
$...... |
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$...... |
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15. |
Combined annual income that |
|
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is basis for child support |
|
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order (add line 14 14a, Col. |
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I and Col. II) ............. |
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$...... |
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16. |
Percentage of parent's |
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income to total income |
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a. |
Father (divide line 14 14a, |
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Col. I, by line 15, Col. |
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III).......................% |
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b. |
Mother (divide line 14 14a, |
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Col. II, by line 15, Col. |
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III).......................% |
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17. |
Basic combined child
|
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support obligation (refer |
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to schedule, first column, |
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locate the amount nearest |
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to the amount on line 15, |
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Col. III, then refer to |
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column for number of |
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children in this family. |
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If the income of the |
|
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parents is more than one |
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sum but less than another, |
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|
|
you may calculate the |
|
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|
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difference.)............... |
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$...... |
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18. |
Annual support obligation per parent |
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a. |
Father (multiply line 17, |
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Col. III, by line 16a)..... |
$...... |
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b. |
Mother (multiply line 17, |
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Col. III, by line 16b)..... |
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$...... |
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19. |
Annual child care expenses |
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for children who are the |
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subject of this order that |
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are work-, employment |
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training-, or education- |
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related, as approved by |
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the court or agency |
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(deduct tax credit from |
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annual cost, whether or |
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not claimed).............. |
$...... |
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$...... |
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20. |
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a. |
Marginal, out-of-pocket |
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costs, necessary to provide |
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for health insurance for |
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the children who are the |
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subject of this order |
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(contributing cost of private |
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family health insurance, |
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minus the contributing cost |
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of private single health |
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insurance, divided by the |
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total number of dependents |
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covered by the plan, |
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including the children |
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subject of the support |
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order, times the number of |
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children subject of the |
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support order) ........ |
$...... |
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$...... |
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b. |
Cash medical support |
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obligation (enter the amount |
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on line 14b or the amount |
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of annual health care |
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expenditures estimated by |
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the United States Department |
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of Agriculture and |
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described in section 3119.30 |
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of the Revised Code, |
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whichever amount is |
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lower) ..................... |
$...... |
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$...... |
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21. |
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ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
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Father (only if obligor |
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Mother (only if obligor |
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or shared parenting) |
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or shared parenting) |
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a. |
Additions: line 16a |
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b. |
Additions: line 16b |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. II |
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shown on line 19, Col. I |
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and line 20 20a, Col. II |
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and line 20 20a, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. I |
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shown on line 19, Col. II |
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and line 20 20a, Col. I |
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and line 20 20a, Col. II |
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$....................... |
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$....................... |
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22. |
OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
Father: line 18a plus
or |
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minus the difference between |
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line 21a minus line 21c
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$...... |
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b. |
Mother: line 18b plus
or |
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minus the difference between |
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line 21b minus line 21d
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$...... |
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23. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
(Line 22a or
22b, whichever |
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line corresponds to the |
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parent who is the obligor). |
$...... |
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b. |
Any non-means-tested |
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benefits, including social |
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security and veterans' |
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benefits, paid to and |
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received by a child or a |
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person on behalf of the |
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child due to death, |
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disability, or retirement |
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of the parent............... |
$...... |
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c. |
Actual annual obligation |
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(subtract line 23b from |
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line 23a)................... |
$...... |
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24. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: |
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Father (only if obligor |
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Mother (only if obligor |
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or shared parenting) |
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or shared parenting) |
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a. |
Additions: line 16a times |
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b. |
Additions: line 16b times |
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the sum of the amounts |
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the sum of the amounts |
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shown on line 19, Col. II |
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shown on line 19, Col. I |
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and line 20b, Col. II |
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and line 20b, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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times the sum of the |
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times the sum of the |
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amounts shown on line |
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amounts shown on line |
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19, Col. I and line |
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19, Col. II and line |
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20b, Col. I |
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20b, Col. II |
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$....................... |
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$....................... |
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25. |
OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT |
|
WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
Father: line 18a plus or minus the difference between line 24a minus line 24c |
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$...... |
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b. |
Mother: line 18b plus or minus the difference between line 24b and 24d |
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$...... |
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26. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
(Line 25a or 25b, whichever line corresponds to the parent who is the |
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obligor) |
$...... |
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b. |
Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the |
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parent |
$...... |
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c. |
Actual annual obligation (subtract line 26b from line |
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26a |
$...... |
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27.a. |
Deviation from sole residential parent support amount shown
|
|
on line 23c if amount would be unjust or inappropriate: (see |
|
section 3119.23 of the Revised Code.) (Specific facts and |
|
monetary value must be stated.) |
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b. |
Deviation from shared parenting order: (see sections 3119.23 |
|
and 3119.24 of the Revised Code.) (Specific facts including |
|
amount of time children spend with each parent, ability of |
|
each parent to maintain adequate housing for children, and
|
|
each parent's expenses for children must be stated to justify |
|
deviation.) |
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WHEN HEALTH INSURANCE IS PROVIDED |
|
WHEN HEALTH INSURANCE IS NOT PROVIDED |
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25 28. |
FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line 24a 27a or 24b 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b) |
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$...... |
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$...... |
|
Father/Mother, OBLIGOR |
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26 29. |
FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge |
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$...... |
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$...... |
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30. |
FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support amount |
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from line 20b |
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$...... |
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31. |
FOR DECREE: Cash medical support per month (divide |
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|
line 30 by 12) |
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$...... |
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|
Prepared by: |
|
|
Counsel: .................... |
|
Pro se: ................. |
(For mother/father) |
|
|
CSEA: ....................... |
|
Other: .................. |
Worksheet Has Been Reviewed and Agreed To:
........................... |
|
........................... |
Mother |
|
Date |
........................... |
|
........................... |
Father |
|
Date |
Sec. 3119.023. When a court or child support enforcement
agency
calculates the amount of child support to
be paid pursuant
to a court child support order in a proceeding in
which the
parents have split parental rights and
responsibilities with
respect to the children who are the subject
of the child support
order, the court or child support
enforcement agency shall use a
worksheet that is identical in
content and form to the following:
CHILD SUPPORT COMPUTATION WORKSHEET
SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES
Name of parties ................................................
Case No. .......................................................
Number of minor children .......................................
Number of minor children with mother .......... father .........
|
|
Column I |
|
Column II |
|
Column III |
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Father |
|
Mother |
|
Combined |
INCOME: |
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|
1.a. |
Annual gross income from |
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|
|
employment or, when |
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|
determined appropriate |
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|
|
by the court or agency, |
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|
|
average annual gross income |
|
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|
|
from employment over a |
|
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|
|
reasonable period of years. |
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|
|
(Exclude overtime, bonuses, |
|
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|
|
|
|
self-employment income, or |
|
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|
|
|
|
commissions)............... |
$...... |
|
$...... |
|
|
b. |
Amount of overtime, |
|
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|
|
bonuses, and commissions |
|
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|
(year 1 representing the |
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|
|
most recent year) |
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|
Father |
|
Mother |
Yr. 3 $.......... |
|
Yr. 3 $.......... |
(Three years ago) |
|
(Three years ago) |
Yr. 2 $.......... |
|
Yr. 2 $.......... |
(Two years ago) |
|
(Two years ago) |
Yr. 1 $.......... |
|
Yr. 1 $.......... |
(Last calendar year) |
|
(Last calendar year) |
Average $.......... |
|
$............ |
|
(Include in Col. I and/or |
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|
Col. II the average of the |
|
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|
three years or the year 1 |
|
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|
|
amount, whichever is less, |
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|
if there exists a reasonable |
|
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|
expectation that the total |
|
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|
earnings from overtime and/or |
|
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|
|
bonuses during the current |
|
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|
|
calendar year will meet or |
|
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|
|
|
exceed the amount that is |
|
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|
|
the lower of the average |
|
|
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|
|
of the three years or the |
|
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|
|
year 1 amount. If, however, |
|
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|
there exists a reasonable |
|
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|
|
expectation that the total |
|
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|
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|
|
earnings from overtime/ |
|
|
|
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|
|
bonuses during the current |
|
|
|
|
|
|
calendar year will be less |
|
|
|
|
|
|
than the lower of the average |
|
|
|
|
|
|
of the 3 years or the year 1 |
|
|
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|
|
amount, include only the |
|
|
|
|
|
|
amount reasonably expected |
|
|
|
|
|
|
to be earned this year.)... |
$...... |
|
$...... |
|
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|
|
2. |
For self-employment income |
|
|
|
|
|
a. |
Gross receipts from |
|
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|
|
|
|
business................... |
$...... |
|
$...... |
|
|
b. |
Ordinary and necessary |
|
|
|
|
|
|
business expenses.......... |
$...... |
|
$...... |
|
|
c. |
5.6% of adjusted gross |
|
|
|
|
|
|
income or the actual |
|
|
|
|
|
|
marginal difference between |
|
|
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|
|
the actual rate paid by the |
|
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|
|
|
|
self-employed individual |
|
|
|
|
|
|
and the F.I.C.A. rate ..... |
$...... |
|
$...... |
|
|
d. |
Adjusted gross income from |
|
|
|
|
|
|
self-employment (subtract |
|
|
|
|
|
|
the sum of 2b and 2c from |
|
|
|
|
|
|
2a)........................ |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
3. |
Annual income from interest |
|
|
|
|
|
|
and dividends (whether or |
|
|
|
|
|
|
not taxable)............... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
4. |
Annual income from
|
|
|
|
|
|
|
unemployment compensation... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
5. |
Annual income from workers' |
|
|
|
|
|
|
compensation, disability |
|
|
|
|
|
|
insurance benefits or social |
|
|
|
|
|
|
security disability |
|
|
|
|
|
|
retirement benefits........ |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
6. |
Other annual income |
|
|
|
|
|
|
(identify)................. |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
7.a. |
Total annual gross income |
|
|
|
|
|
|
(add lines 1a, 1b, 2d, and |
|
|
|
|
|
|
3-6)....................... |
$...... |
|
$...... |
|
|
b. |
Health insurance maximum |
|
|
|
|
|
|
(multiply line 7a |
|
|
|
|
|
|
by 5%) |
$...... |
|
$...... |
|
|
|
|
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|
|
|
|
ADJUSTMENTS TO INCOME: |
|
|
|
|
|
8. |
Adjustment for minor children |
|
|
|
|
|
|
born to or adopted by either |
|
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|
|
|
parent and another parent who |
|
|
|
|
|
|
are living with this parent; |
|
|
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|
|
adjustment does not apply |
|
|
|
|
|
|
to stepchildren (number of |
|
|
|
|
|
|
children times federal income |
|
|
|
|
|
|
tax exemption less child
|
|
|
|
|
|
|
support received, not to |
|
|
|
|
|
|
exceed the federal tax |
|
|
|
|
|
|
exemption)................. |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
9. |
Annual court-ordered support |
|
|
|
|
|
|
paid for other children.... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
10. |
Annual court-ordered spousal |
|
|
|
|
|
|
support paid to any spouse |
|
|
|
|
|
|
or former spouse........... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
11. |
Amount of local income taxes |
|
|
|
|
|
|
actually paid or estimated |
|
|
|
|
|
|
to be paid................. |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
12. |
Mandatory work-related |
|
|
|
|
|
|
deductions such as union |
|
|
|
|
|
|
dues, uniform fees, etc. |
|
|
|
|
|
|
(not including taxes, social |
|
|
|
|
|
|
security, or retirement)... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
13. |
Total gross income
|
|
|
|
|
|
|
adjustments (add lines
|
|
|
|
|
|
|
8 through 12).............. |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
14. |
|
|
|
|
|
|
a. |
Adjusted annual gross |
|
|
|
|
|
|
income (subtract line 13 |
|
|
|
|
|
|
from 7a).................... |
$...... |
|
$...... |
|
|
b. |
Cash medical support |
|
|
|
|
|
|
maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b., Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.) |
|
|
|
|
|
|
|
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
15. |
Combined annual income that |
|
|
|
|
|
|
is basis for child support |
|
|
|
|
|
|
order (add line 14 14a, |
|
|
|
|
|
|
Col. I and Col. II).......... |
|
|
|
|
$...... |
|
|
|
|
|
|
|
16. |
Percentage of parent's |
|
|
|
|
|
|
income to total income |
|
|
|
|
|
a. |
Father (divide line 14 14a, |
|
|
|
|
|
|
Col. I, by line 15, Col. |
|
|
|
|
|
|
III).......................% |
|
|
|
|
|
b. |
Mother (divide line 14 14a, |
|
|
|
|
|
|
Col. II, by line 15, Col. |
|
|
|
|
|
|
III).......................% |
|
|
|
|
|
|
|
|
|
|
|
|
17. |
Basic combined child
|
|
|
|
|
|
|
support obligation (refer |
|
|
|
|
|
|
to schedule, first column, |
|
|
|
|
|
|
locate the amount nearest |
|
|
|
|
|
|
to the amount on line 15, |
|
|
|
|
|
|
Col. III, then refer to |
|
|
|
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column for number of |
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children with this parent. |
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If the income of the |
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parents is more than one |
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sum but less than another, |
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you may calculate the |
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difference)................ |
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For children |
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For children |
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for whom the |
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for whom the |
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mother is the |
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father is the |
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residential |
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residential |
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parent and |
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parent and |
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legal custodian |
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legal custodian |
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$............ |
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$............ |
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18. |
Annual support obligation per parent |
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a. |
Of father for children for |
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whom mother is the |
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residential parent and |
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legal custodian (multiply |
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line 17, Col. I, by line |
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16a)....................... |
$...... |
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b. |
Of mother for children for |
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whom the father is the |
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residential parent and |
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legal custodian (multiply |
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line 17, Col. II, by line |
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16b)....................... |
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$...... |
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19. |
Annual child care expenses |
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for children who are the |
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subject of this order that |
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are work-, employment |
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training-, or education- |
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related, as approved by |
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the court or agency |
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(deduct tax credit from |
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annual cost whether or |
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not claimed)............... |
Paid by |
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Paid by |
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father |
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mother |
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$...... |
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$...... |
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20. |
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a. |
Marginal, out-of-pocket |
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costs, necessary to provide |
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for health insurance for |
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the children who are the |
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subject of this order |
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(contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support |
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order) ............... |
Paid by |
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Paid by |
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father |
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mother |
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$...... |
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$...... |
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b. |
Cash medical support |
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obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever |
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amount is lower).......... |
$...... |
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$...... |
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21. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
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Father |
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Mother |
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a. |
Additions: line 16a |
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b. |
Additions: line 16b |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. II |
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shown on line 19, Col. I |
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and line 20 20a, Col. II |
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and line 20 20a, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. I |
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shown on line 19, Col. II |
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and line 20 20a, Col. I |
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and line 20 20a, Col. II |
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$....................... |
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$....................... |
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22. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
Father: line 18a plus line |
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21a minus line 21c (if the |
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amount on line 21c is |
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greater than or equal to |
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the amount on line 21a-- |
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enter the number on line |
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18a in Col. I).............. |
$...... |
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b. |
Any non-means-tested |
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benefits, including social |
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security and veterans' |
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benefits, paid to and |
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received by children for |
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whom the mother is the |
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residential parent and
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legal custodian or a person |
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on behalf of those children |
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due to death, disability, |
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or retirement of the |
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father..................... |
$...... |
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c. |
Actual annual obligation of |
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father (subtract line 22b |
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from line 22a)............. |
$...... |
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d. |
Mother: line 18b plus line |
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21b minus line 21d (if the |
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amount on line 21d is |
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greater than or equal to |
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the amount on line |
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21b--enter the number on |
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line 18b in Col. II)....... |
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$...... |
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e. |
Any non-means-tested |
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benefits, including social |
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security and veterans' |
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benefits, paid to and |
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received by children for |
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whom the father is the |
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residential parent and |
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legal custodian or a person |
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on behalf of those children |
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due to death, disability, |
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or retirement of the |
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mother...................... |
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$...... |
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f. |
Actual annual obligation |
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of mother (subtract line 22e |
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from line 22d).............. |
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$...... |
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g. |
Actual annual obligation |
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payable (subtract lesser |
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actual annual obligation |
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from greater actual annual |
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obligation using amounts in |
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lines 22c and 22f to |
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determine net child support |
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payable).................... |
$...... |
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$...... |
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23. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: |
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Father |
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Mother |
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a. |
Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II |
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b. |
Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I |
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$............... |
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$............... |
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c. |
Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I |
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d. |
Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II |
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$............... |
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$............... |
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24. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
Father: line 18a plus line 23a minus line 23c (if the amount on line 23c is greater than or equal to the amount on line 23a, enter the number on line 18a in |
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Col. I) |
$...... |
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b. |
Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the mother is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or |
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retirement of the father |
$...... |
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c. |
Actual annual obligation of the father (subtract line 24b |
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from line 24a) |
$...... |
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d. |
Mother: line 18b plus line 23b minus 23d (if the amount on line 23d is greater than or equal to the amount on line 23b, enter the number on line 18b in Col. II) |
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$...... |
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e. |
Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the father is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or retirement of the mother |
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$...... |
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f. |
Actual annual obligation of the mother (subtract line 24e |
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from line 24d) |
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$...... |
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g. |
Actual annual obligation payable (subtract lesser actual annual obligation from greater annual obligation of parents using amounts in lines 24c and 24f to determine net child support payable) |
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$...... |
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$...... |
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h. |
Add line 20b, Col. I, to line 24g, Col. I, when father is the obligor or line 20b, Col. II, to line 24g, Col. II, when mother is obligor |
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$...... |
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$...... |
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25. |
Deviation from split residential parent guideline amount shown on line 22c or 22f, 22f, 24c, or 24f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.) |
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WHEN HEALTH INSURANCE IS PROVIDED |
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WHEN HEALTH INSURANCE IS NOT PROVIDED |
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24 26. |
FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I enter line 22g plus or minus any amounts indicated in line 23 25, or in Col. II enter line 24h plus or minus any amounts indicated on line 25.) |
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$...... |
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$...... |
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Father/Mother, OBLIGOR |
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25 27. |
FOR DECREE: Child support per month (divide obligor's annual share, line 24 26, by 12) plus any processing charge |
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$...... |
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$...... |
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28. |
FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support from line 20b) |
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$...... |
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29. |
FOR DECREE: Cash medical support per month (divide line 28 by 12) |
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$...... |
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Prepared by: |
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Counsel: .................... |
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Pro se: ................. |
(For mother/father) |
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CSEA: ....................... |
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Other: .................. |
Worksheet Has Been Reviewed and Agreed To:
........................... |
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Mother |
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Date |
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Father |
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Date |
Sec. 3119.05. When a court computes the amount of child
support
required to be paid under a court child support order or a
child
support enforcement agency computes the amount of child
support
to be paid pursuant to an administrative child support
order, all of the
following apply:
(A) The parents' current and past income
and
personal
earnings shall be verified by electronic means or with
suitable
documents, including, but not
limited to, paystubs, employer
statements, receipts and expense
vouchers related to
self-generated income, tax returns, and all
supporting
documentation and schedules for the tax returns.
(B) The amount of any pre-existing child support
obligation
of a parent under a child support order and the amount
of any
court-ordered spousal support actually paid
shall be deducted from
the gross income of that parent to the
extent that payment under
the child support order or that payment
of the court-ordered
spousal support is verified by supporting
documentation.
(C) If other minor children
who were born to the parent and
a
person other than the
other parent who
is involved in the
immediate child support determination live with the
parent, the
court or agency shall deduct an amount from that parent's
gross
income that equals the number of such minor children times the
federal income tax exemption for such children less child support
received for
them for the year, not exceeding the federal income
tax exemption.
(D) When the court or agency calculates the gross income
of
a
parent, it shall include the lesser of the following as
income
from overtime and bonuses:
(1) The yearly average of all overtime, commissions, and
bonuses
received during the three years immediately prior to the
time
when the person's child support obligation is being computed;
(2) The total overtime, commissions, and bonuses
received
during the
year immediately prior to the time when the person's
child
support obligation is being computed.
(E) When the court or agency calculates the gross income
of
a
parent, it shall not include any income earned by the spouse
of
that parent.
(F) The court shall not order an amount of child
support for
reasonable and ordinary uninsured medical or dental
expenses in
addition to the amount of the child support
obligation determined
in accordance with the schedule. The court
shall issue a separate
order for extraordinary medical
or dental expenses, including, but
not limited to, orthodontia,
psychological, appropriate private
education, and other expenses,
and may consider the expenses in
adjusting a child support order.
(G) When a court or agency calculates the amount of child
support to be paid pursuant to a court child support order or an
administrative child support order, if the combined gross income
of both parents is an amount that is between two amounts set
forth
in the first column of the schedule, the court or agency
may use
the basic child support obligation that corresponds to
the higher
of the two amounts in the first column of the
schedule, use the
basic child support obligation that corresponds
to the lower of
the two amounts in the first column of the
schedule, or calculate
a basic child support obligation that is
between those two amounts
and corresponds proportionally to the
parents' actual combined
gross income.
(H) When the court or agency calculates gross income, the
court or agency, when appropriate, may average income over a
reasonable period of years.
(I) A court or agency shall not determine a parent receiving
means-tested public assistance benefits to be voluntarily
unemployed or
underemployed and shall not impute income to that
parent, unless not making
such determination and not imputing
income would be unjust, inappropriate, and
not in the best
interest of the child.
(J) When a court or agency requires a parent to pay an
amount
for
that parent's failure to support a child for a period
of time
prior to the
date the court modifies or issues a court
child
support order or an agency
modifies or issues an
administrative
child support order for the current
support of the
child, the
court or agency shall calculate that amount using
the
basic child
support schedule, worksheets, and child support laws
in
effect,
and the incomes of the parents as they existed, for
that
prior
period of time.
Sec. 3119.27. (A) A court that issues
or
modifies a court
support order, or an administrative agency
that issues or modifies
an administrative child support order,
shall impose on the obligor
under the support order a
processing charge that is the greater of
two
per cent of the support payment to be collected under a
support
order or one dollar per month. No court or
agency may
call
the charge a poundage fee.
(B) In each child support case that is a Title IV-D case, the
department of job and family services shall annually claim
twenty-five
dollars from the processing charge described in
division (A) of
this section for federal reporting purposes if
the obligee has
never received assistance under Title IV-A and
the department has
collected at least five hundred dollars of
child support for the
obligee. The director of job and family
services shall adopt rules
under Chapter 119. of the Revised Code
to implement this division,
and the department shall implement
this division not later than
March 31, 2008.
(C) As used in this section:
(1) "Annual" means the period as defined in regulations
issued by the United States secretary of health and human services
to implement the Deficit Reduction Act of 2005 (P.L. 109-171).
(2) "Title IV-A" has the same meaning as in section 5107.02
of the Revised Code.
(3) "Title IV-D case" has the same meaning as in section
3125.01 of the Revised Code.
Sec. 3119.29. (A) As used in this section and sections
3119.30
to 3119.56 of the Revised Code:
(A)(1) "Cash medical support" means an amount ordered to be
paid in a child support order toward the cost of health insurance
provided by a public entity, another parent, or person with whom
the child resides, through employment or otherwise, or for other
medical cost not covered by insurance.
(2) "Federal poverty line" has the same meaning as defined in
section 5104.01 of the Revised Code.
(3) "Health care" means such medical support that includes
coverage under a health insurance plan, payment of costs of
premiums, co-payments, and deductibles, or payment for medical
expenses incurred on behalf of the child.
(4) "Health insurance coverage" means accessible private
health insurance that provides primary care services within thirty
miles from the residence of the child subject to the child support
order.
(5) "Health plan administrator" means any entity authorized
under Title XXXIX of the Revised Code to engage in the business of
insurance in this state, any health insuring corporation, any
legal entity that is self-insured and provides benefits to its
employees or members, and the administrator of any such entity or
corporation.
(B)(6) "National medical support notice" means a form
required
by the "Child Support Performance and Incentive Act of
1998," P.L.
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as
amended, and
jointly developed and promulgated by the secretary of
health and
human services and the secretary of labor in federal
regulations
adopted under that act as modified by the department
of job and
family services under section 3119.291 of the Revised
Code.
(C)(7) "Person required to provide health insurance coverage"
means the obligor, obligee, or both, required by the court under a
court child
support order or by the child support enforcement
agency under an
administrative child support order to provide
health insurance
coverage pursuant to section 3119.30 of the
Revised Code.
(8) Subject to division (B) of this section, "reasonable
cost" means the contributing cost of private family health
insurance to the person responsible for the health care of the
children subject to the child support order that does not exceed
an amount equal to five per cent of the annual gross income of
that person.
(9) "Title XIX" has the same meaning as defined in section
5111.20 of the Revised Code.
(B) If the United States secretary of health and human
services issues a regulation defining "reasonable cost" or a
similar term or phrase relevant to the provisions in child support
orders relating to the provision of health care for children
subject to the orders, and if that definition is substantively
different from the meaning of "reasonable cost" as defined in
division (A) of this section, "reasonable cost" as used in this
section shall have the meaning as defined by the United States
secretary of health and human services.
Sec. 3119.30. (A) In any action or proceeding in which a
child
support
order is issued or modified, the
court, with respect
to
court child support orders, and the child support
enforcement
agency, with respect to administrative child support
orders, shall
determine the
person or persons responsible for the health care
of
the
children subject to the child support order and shall include
provisions for the health care of the children in the child
support order. The order shall specify that the obligor and
obligee are both liable for the health care of the children who
are not covered by private health insurance or cash medical
support as calculated in accordance with section 3119.022 or
3119.023 of the Revised Code, as applicable. The
determination
shall be based
(B) Based on information provided to the
court
or to the
child support enforcement agency under section
3119.31
of the
Revised Code. The, the order shall include
one of
the following:
(A) A requirement that the obligor under the child support
order obtain health insurance coverage for the children if
coverage is available at a reasonable cost through a group
policy,
contract, or plan offered
by the obligor's employer or through any
other group
policy, contract, or plan available to
the obligor and
is
not available for a more reasonable cost through a group
policy, contract, or plan available to
the obligee;
(B)(1) A requirement that both the obligor and the obligee
obtain private health insurance coverage for the children if
coverage is available for the children at a reasonable cost to
both the obligor and the obligee and dual coverage would provide
for coordination of medical benefits without unnecessary
duplication of coverage.
(2) A requirement that the obligee
obtain private health
insurance
coverage for the children if
coverage is available
through a group
policy, contract, or plan offered by the obligee's
employer or
through any other group
policy, contract, or plan
available to the
obligee and
is available at a more reasonable
cost than
coverage
is available to
the obligor;
(C)(3) A requirement that the obligor obtain private health
insurance coverage for the children if coverage is available
through any group policy, contract, or plan available to the
obligor at a more reasonable cost than coverage is available to
the obligee;
(4) If health insurance coverage for the children is not
available at
a reasonable cost
through a group policy, contract,
or plan offered by the obligor's or obligee's employer or through
any
other
group policy, contract, or plan
available to the obligor
or the obligee at the time the court or child enforcement agency
issues the order, a requirement that the obligor
and or the
obligee
share liability for the cost of the medical and
health
care needs
of the children, under an equitable formula established
by
the
court,
with respect to a court child support order, or the
child
support enforcement agency, with respect to an
administrative
child support order, and a
requirement that if,
after the issuance
of the order,
health
insurance coverage for the
children becomes
available at a
reasonable cost
through a group
policy, contract,
or plan offered
by the obligor's or obligee's
employer or through
any other group
policy, contract, or plan
available to the obligor
or obligee, the
obligor or obligee to
whom the coverage becomes
available
immediately inform the court,
with respect to a court
child support order, or the child support
enforcement agency, with
respect to an administrative child
support order;
(D) A requirement that both the
obligor and the obligee
obtain health insurance coverage for
the children if
coverage is
available for the children at a
reasonable cost to both the
obligor and the obligee and
dual coverage
would
provide for
coordination of
medical benefits without unnecessary
duplication
of coverage immediately inform the child support
enforcement
agency that private health insurance coverage for the
children
has become available to either the obligor or obligee.
The child
support enforcement agency shall determine if
the private health
insurance coverage is available at a reasonable
cost and if
coverage is reasonable, division (B)(2) or (3) shall
apply, as
applicable.
(C) When a child support order is issued or modified, and the
obligor's gross income is one hundred fifty per cent or more of
the federal poverty level for an individual, the order shall
include the amount of cash medical support to be paid by the
obligor that is either five per cent of the obligor's adjusted
gross income or the obligor's share of the United States
department of agriculture estimated annual health care expenditure
per child as determined in accordance with federal law and
regulation, whichever is the lower amount. The amount of cash
medical support paid by the obligor shall be paid during any
period after the court or child support enforcement agency issues
or modifies the order in which the children are not covered by
private health insurance.
(D) Any cash medical support paid pursuant to division (C) of
this section shall be paid by the obligor to either the obligee if
the children are not Medicaid recipients, or to the office of
child support to defray the cost of Medicaid expenditures if the
children are Medicaid recipients. The child support
enforcement
agency administering the court or administrative order shall amend
the amount of monthly child support
obligation to reflect the
amount paid when private health insurance is not provided, as
calculated in the current order pursuant to section 3119.022 or
3119.023 of the Revised
Code, as applicable.
The child support enforcement agency shall give the
obligor
notice in accordance with Chapter 3121. of the Revised
Code and
provide the obligor an opportunity to be heard if the
obligor
believes there is a mistake of fact regarding the
availability of
private health insurance at a reasonable cost as
determined under
division (B) of this section.
(E) The obligor shall begin payment of any cash medical
support on the first day of the month immediately following the
month in which private health insurance coverage is unavailable or
terminates and shall cease payment on the last day of the month
immediately preceding the month in which private health insurance
coverage begins or resumes. During the period when cash medical
support is required to be paid, the obligor or obligee must
immediately inform the
child support enforcement agency that
health insurance coverage
for the children has become available.
Sec. 3119.302. (A) When the court, with respect to a court
child support order, or the child support enforcement agency, with
respect to an administrative child support order, determines the
person or persons responsible for the health care of the children
subject to the order pursuant to section 3119.30 of the Revised
Code, all of the following apply:
(1) The court or agency shall consider any private health
insurance in which the obligor, obligee, or children, are enrolled
at the time the court or agency issues the order.
(2) If the contributing cost of private family health
insurance to either parent exceeds five per cent of that parent's
annual gross income, that parent shall not be ordered to provide
private health insurance for the child except as follows:
(a) When both parents agree that one, or both, of the parents
obtain or maintain the private health insurance that exceeds five
per cent of the annual gross income of the parent obtaining or
maintaining the private health insurance;
(b) When either parent requests to obtain or maintain the
private health insurance that exceeds five per cent of that
parent's annual gross income;
(c) When the court determines that it is in the best interest
of the children for a parent to obtain and maintain private health
insurance that exceeds five per cent of that parent's annual gross
income and the cost will not impose an undue financial burden on
either parent. If the court makes such a determination, the court
must include the facts and circumstances of the determination in
the child support order.
(3) If private health insurance is available at a reasonable
cost to either parent through a group policy, contract, or plan,
and the court determines that it is not in the best interest of
the children to utilize the available private health insurance,
the court shall state the facts and circumstances of the
determination in the child support order. The court determination
under this division shall not limit any obligation to provide cash
medical support pursuant to section 3119.30 of the Revised Code.
(4) Notwithstanding division (A)(4) of section 3119.29 of the
Revised Code, the court or agency may allow private health
insurance to be farther than thirty miles if residents in part or
all of the immediate geographic area customarily travel farther
distances or if primary care services are accessible only by
public transportation. The court or agency shall include this
accessibility determination in the child support order.
(B) The director of job and family services shall create and
annually update a table to be used to determine the amount of cash
medical support to be paid pursuant to division (C) of section
3119.30 of the Revised Code. The table shall incorporate potential
combined gross incomes of the parties, in a manner determined by
the director, and the United States department of agriculture
estimated annual health care expenditure per child as determined
in accordance with federal law and regulation.
Sec. 3119.32. A child support order
shall contain
all of the
following:
(A) If
the obligor,
obligee, or both
obligor and
obligee, are
required under
section 3119.30 of the Revised Code to
provide
private health insurance coverage for the children, a
requirement
pursuant to section 3119.30 of the Revised Code that
whoever is
required to
provide private health insurance
coverage
provide to
the other, not
later than thirty
days after the issuance of the
order,
information regarding
the
benefits, limitations, and
exclusions of
the
coverage, copies of
any insurance forms
necessary to receive
reimbursement, payment,
or other benefits
under the
coverage, and
a copy of any necessary
insurance cards;
(B)
A statement setting forth the name, address, and
telephone number of the individual who is to be reimbursed for
out-of-pocket medical, optical, hospital, dental, or prescription
expenses paid for each child and a statement that the
health plan
administrator that
provides
the private health
insurance
coverage
for the children may
continue making payment
for medical,
optical,
hospital, dental, or
prescription services
directly to
any health
care provider in
accordance with the
applicable private health
insurance policy, contract,
or
plan;
(C) A requirement that
a
person required to provide private
health insurance coverage for the
children
designate
the children
as covered dependents under any
private health insurance
policy,
contract, or plan for which
the person contracts;
(D) A requirement that the obligor, the obligee, or both
of
them under a formula established by the court, with respect to
a
court child support order, or the child support enforcement
agency, with
respect to an administrative child support order, pay
co-payment
or deductible costs required under the private health
insurance
policy, contract, or plan that covers the children;
(E) A notice that
the employer of the
person
required to
obtain private health insurance
coverage is
required to
release to
the other parent, any person subject to an order issued
under
section 3109.19 of the Revised Code, or the child support
enforcement
agency on written request any necessary information
on
the private health
insurance coverage, including
the name and
address of
the
health plan administrator
and any
policy, contract,
or
plan
number, and to otherwise comply
with
this section and any
order or
notice issued under this
section;
(F) A statement setting forth the full name and date of
birth
of each child who is the subject of the child support
order;
(G) A requirement that the obligor and the obligee comply
with any requirement described in section 3119.30 of the Revised
Code and divisions
(A) and
(C) of this section that is
contained
in an order
issued
in compliance with this section no
later than
thirty days
after the issuance
of the order;
(H) A notice that states the following: "If the person
required to obtain private health care insurance coverage for the
children
subject to this child support order obtains new
employment, the agency shall comply
with the requirements
of
section 3119.34 of the Revised
Code, which may
result in the
issuance of a notice requiring the
new employer to
take whatever
action is necessary to enroll the
children in private health
care
insurance coverage provided by the new
employer."
(I) A statement that, upon receipt of notice by the
child
support enforcement agency that private health insurance
coverage
is not available at a reasonable cost, cash medical
support shall
be paid in the amount as determined by the child
support
computation worksheets in section 3119.022 or 3119.023 of
the
Revised Code, as applicable. The child support
enforcement agency
may change the financial obligations of the
parties to pay child
support in accordance with the terms of the court or
administrative order and cash medical support without a
hearing
or additional notice to the parties.
Sec. 3123.23. (A) The director of job and family services
shall adopt rules under Chapter 119. of the Revised Code to
implement a program to collect arrearages owed under child support
orders from insurance claims, settlements, awards, and payments
based on information obtained pursuant to Title IV-D of the Social
Security Act, 42 U.S.C. 652.
(B) Any insurer and any director, agent, or employee
authorized to act on behalf of an insurer, that releases
information or makes a disclosure in accordance with rules adopted
pursuant to this section shall be immune from liability in a civil
action for harm resulting from the disclosure.
(C) As used in this section, "insurer" has the same meaning
as in section 3901.32 of the Revised Code.
Sec. 3125.12. Each child
support enforcement agency shall
enter into a plan
of cooperation with the board of county
commissioners under section 307.983
of the Revised Code and comply
with
each fiscal grant agreement the board enters
into under
section sections 307.98 and 5101.21 and contracts the board enters
into under sections
307.981 and 307.982 of the Revised Code that
affect the
agency.
Sec. 3301.011. As used in Title XXXIII of the
Revised Code,
"total student count" for
any school district means the average
number of students
enrolled during the first full school week of
October in a
school district in grades kindergarten through
twelve, including
students with dual enrollment in a joint
vocational or
cooperative education district that week, and the
total number of
students
enrolled in preschool handicapped units
for preschool children with disabilities on the first day of
December in the district.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers
otherwise imposed on the state board under the provisions
of law,
the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E)
May
require as part of the health
curriculum
information
developed under
section 2108.15 of the
Revised Code
promoting the
donation of
anatomical gifts pursuant
to Chapter
2108. of the
Revised Code and
may provide the
information to high
schools,
educational service
centers, and
joint vocational school
district
boards of education;
(F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children with disabilities pursuant to Chapter 3323.
of the Revised
Code, including procedures, standards, and
guidelines governing
programs and services operated by county
boards of mental
retardation and developmental disabilities
pursuant to section
3323.09 of the Revised Code;
(K) For the purpose of encouraging the development of
special
programs of education for academically gifted children,
employ
competent persons to analyze and publish data, promote
research,
advise and counsel with boards of education, and
encourage the
training of teachers in the special instruction of
gifted
children. The board may provide financial assistance out
of any
funds appropriated for this purpose to boards of education
and
educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades;
(M) Formulate and prescribe minimum standards requiring the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test
administered pursuant to division (B)(10) of this section. Each
test so furnished shall include the data verification code of the
student to whom the test will be administered, as assigned
pursuant to division (D)(2) of section 3301.0714 of the Revised
Code. In furnishing the practice versions of Ohio graduation tests
prescribed by division (F) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading tests, the
department shall give preference to Ohio-based
entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the reading test prescribed under division
(A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually
to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code.
(2) Administer the mathematics test prescribed under division
(A)(1)(a) of section 3301.0710 of the Revised Code at least once
annually to all students in the third grade.
(3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to
all students in the fourth grade.
(4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(5) Administer the tests prescribed under division (A)(1)(d)
of section 3301.0710 of the Revised Code at least once annually to
all students in the sixth grade.
(6) Administer
the tests prescribed under division
(A)(1)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade.
(7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(8) Except as provided in division (B)(9) of this
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade
who have not yet attained the score on that test designated
under
that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any
student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an
academic watch or in a state of academic emergency pursuant to
section 3302.03 of the Revised Code or has a three-year average
graduation rate of not more than seventy-five per cent, administer
each test prescribed by division (F) of section 3301.0710 of the
Revised Code in September to all ninth grade students, beginning
in the school year that starts July 1, 2005.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section
if the individualized education program developed for the
student
pursuant to section 3323.08 of the Revised Code excuses
the
student from taking that test
and
instead specifies an
alternate
assessment method approved by the
department of
education as
conforming to requirements of federal
law for receipt
of federal
funds for disadvantaged pupils. To the
extent
possible, the
individualized education program shall not
excuse
the student from
taking a test unless no reasonable
accommodation
can be made to
enable the student to take the test.
(b) Any alternate assessment approved by the department
for
a
student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised
Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who
has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "limited English proficient
student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular test required to be
administered under this section, except that any limited English
proficient student who has been enrolled in United States schools
for less than one full school year shall not be required to take
any such reading or writing test. However, no board shall prohibit
a limited English proficient student who is not required to take a
test under this division from taking the test. A board may permit
any limited English proficient student to take any test required
to be administered under this section with appropriate
accommodations, as determined by the department. For each limited
English proficient student, each
school district shall annually
assess that student's progress
in learning
English, in accordance
with procedures approved by the
department.
The
governing authority of a
chartered
nonpublic school may
excuse a limited English proficient student from taking any test
administered under this section. However, no governing authority
shall prohibit
a limited English proficient student
from
taking
the test.
(D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2),
or (B) of
section
3301.0710 of the Revised Code as it existed
prior to
September 11, 2001, are administered to any
student,
the
board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on
the test.
(2) Following any administration of the tests prescribed by
division (F) of section 3301.0710 of the Revised Code to ninth
grade students, each school district that has a three-year average
graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school
shall be required to provide intervention services to any students
who took the tests. In determining which high schools shall
provide intervention services based on the resources available,
the district shall consider each school's graduation rate and
scores on the practice tests. The district also shall consider the
scores received by ninth grade students on the reading and
mathematics tests prescribed under division (A)(1)(f) of section
3301.0710 of the Revised Code in the eighth grade in determining
which high schools shall provide intervention services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose test results indicate that the student is failing to
make satisfactory progress toward being able to attain scores at
the proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's test performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who is not exempt from the
requirement to take the test under division (C)(3) of this
section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G)(1) Each school district board shall submit designate one
location for the collection of tests administered in the spring
under division (B)(1) of this section and the tests administered
under divisions (B)(2) to (7) of this section. Each district board
shall submit the tests to the entity with which the department
contracts for the scoring of the tests as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after the tests are administered, except that;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after the tests are administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after the tests
are administered.
However, any such test that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the test.
(2)
The
department or an entity with which the department
contracts for the scoring of the test shall send to each school
district board a list of the
individual test scores of all persons
taking any test prescribed by division (A)(1) or (B) of section
3301.0710 of the Revised Code within sixty days after its
administration, but in no case shall the scores be returned later
than the fifteenth day of June following the administration. For
any
tests administered under this section by a joint vocational
school
district, the department or entity shall also send to each
city, local, or
exempted village school district a list of the
individual test
scores of any students of such city, local, or
exempted village
school district who are attending school in the
joint vocational
school district.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department or an entity with which the department contracts for
the scoring of the test shall not release any individual test
scores on
any
test administered under this section. The state
board of education shall adopt rules to
ensure the protection of
student confidentiality at all times. The rules may require the
use of the data verification codes assigned to students pursuant
to division (D)(2) of section 3301.0714 of the Revised Code to
protect the confidentiality of student test scores.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing
to the
superintendent of public instruction prior to the
first day
of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code
to any
chartered nonpublic school electing to participate under
this
division.
(L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least
the basic range on the mathematics test described by division
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of
the
tests
described by division
(A)(1)(b), (c), (d), (e), or (f)
of
section 3301.0710 of the
Revised
Code
as a factor in retaining
that student in the current
grade
level.
(N)(1) In the manner specified in divisions (N)(3) to (5) of
this section, the
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions
on tests to ensure that different versions of the same test are of
comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing
test scores for
individual students. Field
test questions and anchor questions may be
included
as part of the
administration of any
test
required by
section
3301.0710 of the
Revised Code.
(3) Any field test question or anchor question administered
under division
(N)(2) of
this section shall not be a public
record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record
pursuant to division (N)(1) of
this
section.
(4) This division applies to the tests prescribed by division
(A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in
section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less
than forty per cent of the questions on the test that are used to
compute a student's score shall be a public record. The department
shall determine which questions will be needed for reuse on a
future test and those questions shall not be public records and
shall be redacted from the test prior to its release as a public
record. However, for each redacted question, the department shall
inform each city, local, and exempted village school district of
the statewide academic standard adopted by the state board of
education under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The
preceding sentence does not apply to field test questions that are
redacted under division (N)(3) of this section.
(5) Each test prescribed by division (B) of section 3301.0710
of the Revised Code that is administered in the spring shall be a
public record. Each test prescribed by that division that is
administered in the fall or summer shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
Sec. 3301.0714. (A) The state board of education shall
adopt
rules for a statewide education management information
system. The
rules shall require the state board to
establish
guidelines for
the establishment and maintenance of the system in
accordance with
this section and the rules adopted under this
section. The
guidelines shall include:
(1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data
to the state board in accordance with division
(D) of this
section;
(3) Procedures for annually compiling the data in
accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students with disabilities,
and remedial
instruction. The guidelines shall require
instructional services
under this division to be divided into
discrete categories if an
instructional service is limited to a
specific subject, a
specific
type of student, or both, such as
regular instructional
services
in mathematics, remedial reading
instructional services,
instructional services specifically for
students gifted in
mathematics or some other subject area, or
instructional services
for students with a specific type of
handicap disability. The categories of
instructional services
required by the guidelines under this
division shall be the same
as the categories of instructional
services used in determining
cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the
guidelines under this division shall be the same as the
categories
of services used in determining cost units pursuant to
division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed by the testing
of
student
achievement under sections 3301.0710 and
3301.0711 of
the
Revised Code;
(e) The number of students designated as having a
handicapping disabling condition pursuant to division (C)(1) of
section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the
year. For purposes of this division, a student shall be
counted as
present for any field trip that is approved by the
school
administration.
(j) The percentage of students receiving corporal
punishment;
(l) Rates of retention in grade;
(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each
school
district, including:
(a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building.
(b) The total number of employees and the number of
full-time
equivalent employees providing each category of service
used
pursuant to divisions (C)(4)(a) and (b) of this section, and
the
total numbers of licensed employees and nonlicensed
employees
and
the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building.
(c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district.
(d) The number of master teachers employed by each school
district and each school building, once a definition of master
teacher has been developed by the educator standards board
pursuant to section 3319.61 of the Revised Code.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall
include
cost accounting data for each district as a whole and for
each
school building in each school district. The guidelines
adopted
under this section shall require the cost data for each
school
district to be maintained in a system of mutually
exclusive
cost
units and shall require all of the costs of each
school
district
to be divided among the cost units. The
guidelines shall
require
the system of mutually exclusive cost
units to include at
least
the following:
(1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under
this division (C)(2) to be designed so that each of them
may
be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category
required
by guidelines adopted under division (B)(1)(a) of this
section
that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract;
(b) The cost of each such services category provided
directly
to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category.
(D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall
not
authorize school districts to request social
security
numbers
of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the
information technology center operated
under
section
3301.075 of the
Revised Code
and is
authorized
by
the
district or
technology center to have
access to
such
information or is employed by an entity with which the department
contracts for the scoring of tests administered under section
3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section.
Individual student data shall be reported to the department
through the
information technology centers utilizing the code but,
except as provided in section 3310.11 of the Revised Code, at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data.
Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall
utilize the same identifier in its reporting of data
under this
section.
The director of health shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving services under
division (A)(2) of section 3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section.
(F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.357 or 3319.321 of
the Revised Code.
(G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board
shall design formats for profiling each
school
district as a
whole
and each school building within each district
and shall
compile
the data in accordance with these formats. These profile
formats
shall:
(1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school
district.
(2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education.
(3) Copies of the reports received from the state board
under
divisions
(H)(1) and (2) of this section shall be made
available
to the general public at each school district's
offices.
Each
district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to
this
section and that identifies an individual pupil is not a
public
record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data.
(L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files:
(1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system;
(2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system;
(3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system.
Any report made under this division shall include
recommendations
for corrective action by the school district.
Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which
the
report was made by the department.
(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with
sections
3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a
license as defined under
division (A) of section 3319.31
of the
Revised Code that has been issued to
any school district
employee
found to have willfully reported
erroneous, inaccurate,
or
incomplete data to the education
management information system.
(O) No person shall release or maintain any information
about
any
student in violation of this section. Whoever violates
this
division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0718. (A) After completing the required standards
specified in section 3301.079 of the Revised Code, the state
board
of education shall adopt standards and model curricula for
instruction in computer literacy for grades three through twelve
and in fine arts and foreign language for grades kindergarten
through twelve. The
(B) Not later than December 31, 2007, the state board shall
adopt the most recent standards developed by the national
association for sport and physical education for physical
education in grades kindergarten through twelve or shall adopt its
own standards for physical education in those grades. The
department of education shall provide the standards, and any
revisions of the standards, to all school districts and community
schools established under Chapter 3314. of the Revised Code. Any
school district or community school may utilize the standards.
The department shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts and community schools in implementing the standards
adopted under this division. The superintendent of public
instruction shall determine that the person employed as
coordinator is qualified for the position, as demonstrated by
possessing an adequate combination of education, license, and
experience. The department shall hire a coordinator not later than
October 31, 2007.
(C) The state board shall not adopt or revise any
standards
or
curriculum in the area of health or
physical
education unless,
by
concurrent
resolution, the standards,
curriculum, or revisions
are
approved
by both houses of the
general assembly. Before the
house
of
representatives or senate
votes on a concurrent
resolution
approving health or physical
education standards,
curriculum, or
revisions, its standing
committee having
jurisdiction over
education legislation shall
conduct at least one
public hearing on
the standards, curriculum,
or revisions.
(B)(D) The state board shall not adopt a diagnostic
assessment
or achievement test for any grade level or subject area
other than
those specified in section 3301.079 of the Revised
Code.
Sec. 3301.0724. (A) The department of education annually
shall report to the general assembly, in accordance with section
101.68 of the Revised Code, for each school district all of the
following information for the previous school year:
(1) The aggregate amount spent for teacher salaries;
(2) The aggregate amount spent for salaries of nonteaching
employees;
(3) The aggregate amount spent for health care benefits for
all employees and the percentage that amount is of the total
amount paid in employer's contributions and employees'
contributions for those benefits;
(4) The aggregate amount spent for the employer's
contributions to the state teachers retirement system and the
school employees retirement system;
(5) Whether the school district pays any part of the
employees' contributions to the state teachers retirement system
or the school employees retirement system;
(6) The number of sick days, vacation days, and personal days
provided for teachers and nonteaching employees.
(B) The department shall consult with the state employment
relations board in preparing the report required by this section.
(C) If necessary, as determined by the department, each
school district shall report to the department data prescribed by
division (A) of this section in the manner and by the deadline
specified by the department so that the department can comply with
this section.
(D) As used in this section, "school year" has the same
meaning as in section 3313.62 of the Revised Code.
Sec. 3301.12. (A) The superintendent of public
instruction
in addition to the authority otherwise imposed on
the
superintendent, shall perform the following duties:
(1) The superintendent shall provide technical and
professional assistance
and advice to all school districts in
reference to all aspects of
education, including finance,
buildings and equipment,
administration, organization of school
districts, curriculum and
instruction, transportation of pupils,
personnel problems, and
the interpretation of school laws and
state regulations.
(2) The superintendent shall prescribe and require the
preparation and
filing of such financial and other reports from
school districts,
officers, and employees as are necessary or
proper. The
superintendent shall prescribe and require the
installation by school
districts of
such standardized reporting
forms and accounting procedures as
are essential to the
businesslike operations of the public
schools of the state.
(3) The superintendent shall conduct such studies and
research projects as
are necessary or desirable for the
improvement of public school
education in Ohio, and such as may be
assigned to the
superintendent by the state board of education.
Such studies and projects may include analysis of data contained
in the education management information system established under
section 3301.0714 of the Revised Code. For any study or project
that requires the analysis of individual student data, the
department of education or any entity with which the
superintendent or department contracts to conduct the study or
project shall maintain the confidentiality of student data at all
times. For this purpose, the department or contracting entity
shall use the data verification code assigned pursuant to division
(D)(2) of section 3301.0714 of the Revised Code for each student
whose data is analyzed. Except as otherwise provided in division
(D)(1) of section 3301.0714 of the Revised Code, at no time shall
the superintendent, the department, the state board of education,
or any entity conducting a study or research project on the
superintendent's behalf have access to a student's name, address,
or social security number while analyzing individual student data.
(4) The superintendent shall prepare and submit annually to
the state
board of education a report of the activities of the
department
of education and the status, problems, and needs of
education in
the state of Ohio.
(5) The superintendent shall supervise all agencies over
which the board
exercises administrative control, including
schools for education
of handicapped persons with disabilities.
(B) The superintendent of public instruction may annually
inspect and analyze the expenditures of each school district and
make a determination as to the efficiency of each district's
costs, relative to other school districts in the state, for
instructional, administrative, and student support services. The
superintendent shall notify each school district as to the nature
of, and reasons for, the determination. The state board of
education shall adopt rules in accordance with Chapter 119. of
the
Revised Code setting forth the procedures and standards for
the
performance of the inspection and analysis.
Sec. 3301.162. (A) If the governing authority of a chartered
nonpublic school intends to close the school, the governing
authority shall notify all of the following of that intent prior
to closing the school:
(1) The department of education;
(2) The school district that receives auxiliary services
funding under division (I) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school;
(3) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board of education, if applicable.
The notice shall include the school year and, if possible,
the actual date the school will close.
(B) The chief administrator of each
chartered nonpublic
school that closes shall deposit the school's records with either:
(1) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board, if applicable;
(2) The
school district that received auxiliary services
funding under division (I) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school.
The school district that receives the records may charge for
and receive a one-time reimbursement from auxiliary services
funding under division (I) of section 3317.024 of the Revised Code
for costs the district incurred to store the records.
Sec. 3301.311. (A) As used in this section, "preschool
program" has the same meaning as in section 3301.52 of the Revised
Code.
(B)(1) Subject to division (B)(2) divisions (C) and (D) of
this section, after July 1, 2005 beginning in fiscal year 2006, no
preschool program, and no early childhood education program or
early learning program as defined by the department of education
shall
receive any funds from the state unless fifty per cent of
the staff members
employed by that program as teachers are working
toward an associate degree of
a type approved by the department.
(C)(1)
Subject to division (B)(C)(2) of this section,
beginning in fiscal year 2008 2010, no preschool program, and no
early childhood education program, or early learning program as
defined by the department, existing prior to fiscal year 2007,
shall receive
any funds from the state unless every staff member
employed by
that program as a teacher has attained such a an
associate degree of a type approved by the department.
(2) After July 1, 2010 Beginning in fiscal year 2011, no
preschool program, and no early childhood education program or
early learning program as defined by the department of education,
existing prior to fiscal year 2007, shall receive any funds from
the state unless fifty per cent of the staff members employed by
the program as teachers have attained a bachelor's degree of a
type approved by the department.
(D)(1) Subject to division (D)(2) of this section, beginning
in fiscal year 2012, no preschool program, and no early childhood
education program or early learning program as defined by the
department, established during or after fiscal year 2007, shall
receive any funds from the state unless every staff member
employed by that program as a teacher has attained an associate
degree of a type approved by the department.
(2) Beginning in fiscal year 2013, no preschool program, and
no early childhood education program or early learning program as
defined by the department, established during or after fiscal year
2007, shall receive any funds from the state unless fifty per cent
of the staff members employed by the program as teachers have
attained a bachelor's degree of a type approved by the department.
Sec. 3301.53. (A) Not later than July 1, 1988, the The state
board of education, in consultation with the director of job and
family
services, shall formulate and prescribe by rule adopted
under
Chapter 119. of the Revised Code minimum standards to be
applied
to preschool programs operated by school district boards
of
education, county MR/DD boards, or eligible nonpublic
schools.
The rules
shall include the following:
(1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of age, color, national origin, race,
or sex; and
that preschool staff members and nonteaching
employees are
assigned responsibilities in accordance with
written position
descriptions commensurate with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program on or after March 17, 1989,
demonstrate a need for a preschool program that is not being met
by any existing program providing child care, prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years.
(C) On or before January 1, 1992, the The state board of
education, in consultation with the director of
job and family
services,
shall adopt rules for school child programs that are
consistent
with and meet or exceed the requirements of the rules
adopted for
school child day-care centers under Chapter 5104. of
the Revised
Code.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a
district all of the following:
(1) The extent to which the school district or building
meets
each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B) Except as otherwise provided in division divisions (B)(6)
and (7) of this section:
(1) A school district or building shall be declared
excellent
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at
least ninety-four per cent of the applicable state
performance
indicators or has a performance index score established by the
department.
(b) It has failed to make adequate yearly progress for not
more than two consecutive years and either meets at least
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at
least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance
index score established by the department.
(b) It does not make adequate yearly progress and either
meets at least seventy-five per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for three consecutive years, it shall be
declared in need of continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly
progress and either meets at least thirty-one per cent but less
than fifty per cent of the
applicable
state
performance
indicators
or has a performance index score established by the department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance
index score established by the department.
(6) When designating performance ratings for school districts
and buildings under divisions (B)(1) to (5) of this section, the
department shall not assign a school district or building a lower
designation from its previous year's designation based solely on
one subgroup not making adequate yearly progress.
(7) Division (B)(7) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement tests prescribed for
their grade level under section 3301.0710 of the Revised Code from
which they are not excused pursuant to division (C)(1) or (3) of
section 3301.0711 of the Revised Code. A school district or
building shall not be assigned a higher performance rating than
under an academic watch if more than fifteen per cent but not more
than twenty per cent of the enrolled students do not take all
achievement tests prescribed for their grade level under section
3301.0710 of the Revised Code from which they are not excused
pursuant to division (C)(1) or (3) of section 3301.0711 of the
Revised Code. A school district or building shall not be assigned
a higher performance rating than in a state of academic emergency
if more than twenty per cent of the enrolled students do not take
all achievement tests prescribed for their grade level under
section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community
schools that primarily enroll students between sixteen and
twenty-two years of age who dropped out of high school or are at
risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school
under Chapter 3314. of the Revised Code, the department
shall
combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of master teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a
test with
accommodation
or to
whom an
alternate assessment is
administered
pursuant to
division
(C)(1) or (3)
of section
3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any test
prescribed by section 3301.0710 of the Revised Code that is
administered to the student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade reading achievement test;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent
of public instruction shall establish an academic distress
commission for each school district that has been declared to be
in a state of academic emergency pursuant to section 3302.03 of
the Revised Code and has failed to make adequate yearly progress
for four or more consecutive school years. Each commission shall
assist the district for which it was established in improving the
district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education of the applicable
school district. When a school district becomes subject to this
section, the superintendent of public instruction shall provide
written notification of that fact to the district board of
education and shall request the president of the district board to
submit to the superintendent of public instruction, in writing,
the names of the president's appointees to the commission. The
superintendent of public instruction and the president of the
district board shall make appointments to the commission within
thirty days after the district is notified that it is subject to
this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(D)(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after the effective date of
this section September 29, 2005, that contains stipulations
relinquishing one or more of the rights or responsibilities listed
in division (C) of section 4117.08 of the Revised Code, those
stipulations are not enforceable and the district board shall
resume holding those rights or responsibilities as if it had not
relinquished them in that agreement until such time as both the
academic distress commission ceases to exist and the district
board agrees to relinquish those rights or responsibilities in a
new collective bargaining agreement. The provisions of this
paragraph apply to a collective bargaining agreement entered into
after the effective date of this section September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(E)(L) An academic distress commission shall cease to exist
when the district for which it was established receives a
performance rating under section 3302.03 of the Revised Code of in
need of continuous improvement or better for two out of the three
prior school years; however, the superintendent of public
instruction may dissolve the commission earlier if the
superintendent determines that the district can perform adequately
without the supervision of the commission. Upon termination of the
commission, the department of education shall compile a final
report of the commission's activities to assist other academic
distress commissions in the conduct of their functions.
Sec. 3303.20. The superintendent of public instruction shall
appoint a supervisor of agricultural education within the
department of education. The supervisor shall be responsible for
administering and disseminating to school districts information
about agricultural education.
The department shall maintain an appropriate number of
full-time employees focusing on agricultural education. The
department shall employ at least three program consultants who
shall be available to provide assistance to school districts on a
regional basis throughout the state. At least one consultant may
coordinate local activities of the student organization known as
the future farmers of America.
Sec. 3307.01. As used in this chapter:
(A) "Employer" means the board of education, school
district,
governing authority of any community school established
under
Chapter 3314. of the Revised Code, a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code, college, university,
institution, or
other agency
within the state by which a teacher
is employed and
paid.
(B) "Teacher" means all of the following:
(1) Any person paid from public funds and
employed in the
public schools of the state under any type of
contract described
in section 3319.08 of the Revised Code in a
position for which the
person is required to have a
license issued
pursuant to sections
3319.22 to 3319.31 of the Revised Code;
(2) Any person
employed as a teacher by a community school or
a science, technology, engineering, and mathematics school
pursuant to Chapter 3314. or 3326.
of the Revised Code;
(3) Any person having a
license issued pursuant to sections
3319.22 to 3319.31 of the
Revised Code and employed in a public
school in this state
in an educational
position, as determined by
the state board of education, under programs
provided for by
federal acts or regulations and financed in whole or in part
from
federal funds, but for which no licensure requirements for the
position
can be made under the provisions of such federal acts or
regulations;
(4) Any other teacher or faculty member employed in any
school,
college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, and the university
of
Toledo;
(5) The
educational employees of the department of
education,
as
determined by the state superintendent of public
instruction.
In all cases of doubt, the state teachers
retirement board
shall determine whether any person is a teacher,
and its decision
shall be final.
"Teacher" does not include any eligible
employee of a public
institution of higher education, as defined
in section 3305.01 of
the Revised
Code, who elects to participate in an
alternative
retirement plan
established under Chapter 3305. of the
Revised
Code.
(C) "Member" means any person included in the membership
of
the state teachers retirement system, which shall consist of
all
teachers and contributors as defined in divisions (B) and
(D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However,
for purposes of
this
chapter, the following persons shall not be
considered
members:
(1) A student, intern, or resident who is not a member while
employed
part-time by a school, college, or
university at which
the student, intern, or resident is
regularly attending classes;
(2) A person denied membership pursuant to section
3307.24
of
the Revised Code;
(3) An other system retirant, as
defined in
section 3307.35
of the Revised Code, or a
superannuate;
(4) An individual employed in a program established
pursuant
to the "Job Training Partnership Act," 96 Stat. 1322
(1982), 29
U.S.C.A. 1501.
(D) "Contributor" means any person who has an account in
the
teachers' savings fund or defined contribution fund.
(E) "Beneficiary" means any person eligible to receive,
or
in
receipt of, a retirement allowance or other benefit provided
by
this chapter.
(F) "Year" means the year beginning the first day of July
and
ending with the thirtieth day of June next following, except
that
for the purpose of determining final average salary under the
plan
described in sections 3307.50 to 3307.79 of the Revised
Code,
"year"
may mean the contract year.
(G) "Local district pension system" means any school
teachers
pension fund created in any school district of the state
in
accordance with the laws of the state prior to September 1,
1920.
(H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the
normal
and deficiency rates, contributions, and funds wherever
used in
this chapter.
(I) "Five years of service credit" means employment covered
under this
chapter and
employment covered under a former
retirement plan operated,
recognized, or endorsed by a college,
institute, university, or
political subdivision of this state
prior to coverage under this
chapter.
(J) "Actuary" means the actuarial consultant to the state
teachers retirement board, who shall be either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least
one
person is a member of the American academy of actuaries.
(K) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets;
(2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in
the
administration of the system.
(L)(1) Except as provided in this
division,
"compensation"
means all salary, wages, and other earnings paid
to a teacher by
reason of the teacher's employment, including compensation
paid
pursuant to a supplemental contract. The salary, wages,
and other
earnings shall be determined prior to determination of
the amount
required to be contributed to the teachers' savings
fund or
defined contribution fund under section
3307.26 of the Revised
Code and
without regard
to whether any of the salary, wages, or
other earnings are
treated as deferred income for federal income
tax purposes.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter are paid;
(d) Amounts paid by the employer to provide life
insurance,
sickness, accident, endowment, health, medical,
hospital, dental,
or surgical coverage, or other insurance for
the teacher or the
teacher's family, or amounts paid by the
employer to the teacher
in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made by the employer in exchange for a
member's
waiver of a right to receive any payment, amount, or
benefit
described in division (L)(2) of this section;
(g) Payments by the employer for services not actually
rendered;
(h) Any amount paid by the employer as a retroactive
increase
in salary, wages, or other earnings, unless the increase
is one of
the following:
(i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator
issued under section 3319.22 of the Revised Code
that is
paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the
licenses;
(ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of
the Revised Code that is paid in accordance
with
uniform criteria applicable to all members employed by the
board
in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by
a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this
section;
(iv) A retroactive increase paid to a member employed by
an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer.
(i) Payments made to or on behalf of a teacher that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be
taken into account by the retirement system shall be determined
under
division (d)(3) of section 13212 of the "Omnibus
Budget
Reconciliation Act of 1993," Pub.
L. No. 103-66, 107 Stat. 472.
(j) Payments made under division (B), (C), or
(E) of
section
5923.05 of the Revised Code, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general
assembly,
Section 3 of
Amended
Substitute Senate
Bill
No.
164 of the 124th general assembly,
or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(k) Anything of value received by the teacher that is
based
on or attributable to retirement or an agreement to retire.
(3) The retirement board shall determine by rule both of
the
following:
(a) Whether particular forms of earnings are included in
any
of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this
division is to be included in compensation.
Decisions of the board made under this division shall be
final.
(M) "Superannuate" means both of the following:
(1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised
Code;
(2) A former teacher receiving
a benefit from the system
under
a plan established under section 3307.81 of the Revised
Code, except that "superannuate" does not include a former teacher
who is receiving a benefit based on
disability under a plan
established under section 3307.81 of the
Revised Code.
For purposes of sections 3307.35 and 3307.353 of the Revised
Code,
"superannuate" also means a former teacher receiving from
the
system a combined service retirement benefit paid in
accordance
with
section 3307.57 of the Revised Code, regardless of
which
retirement system is paying the benefit.
Sec. 3307.31. (A) Payments by boards of education and
governing authorities
of community schools to the
state teachers
retirement system, as
provided in sections 3307.29 and
3307.291 of
the Revised Code,
shall be made from the amount allocated under
section 3314.08 or
Chapter 3317. of
the Revised Code prior to its
distribution to the individual
school districts or community
schools. The amount due from each school
district or community
school shall
be certified by the secretary of the system to the
superintendent
of public instruction monthly, or at such times as
may be
determined by the state teachers retirement board.
The superintendent shall deduct, from the amount allocated
to
each district or community school under section 3314.08 or
Chapter
3317. of the Revised Code, the
entire amounts due to the system
from such district or school upon the
certification to the
superintendent by the secretary
thereof.
The superintendent shall certify to the director of budget
and management the amounts thus due the system for payment.
(B) Payments to the state teachers retirement system by a
science, technology, engineering, and mathematics school shall be
deducted from the amount allocated under section 3326.33 of the
Revised Code and shall be made in the same manner as payments by
boards of education under this section.
Sec. 3309.01. As used in this chapter:
(A) "Employer" or "public employer" means boards of
education, school districts, joint vocational districts,
governing
authorities of community schools established under
Chapter 3314.
of the Revised Code, a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, educational institutions, technical
colleges,
state,
municipal,
and community colleges, community college
branches,
universities,
university branches, other educational
institutions,
or other
agencies within the state by which an
employee is
employed and
paid, including any organization using
federal funds,
provided
the federal funds are disbursed by an
employer as
determined by
the above. In all cases of doubt, the
school
employees
retirement board shall determine whether any
employer is
an
employer as defined in this chapter, and its
decision shall be
final.
(B) "Employee" means all of the following:
(1) Any person employed by a public employer in a position
for which the person is not required to have a certificate or
license
issued
pursuant to sections 3319.22 to 3319.31 of the
Revised Code;
(2) Any person who performs a service common to the normal
daily operation of an educational unit even though the
person is
employed and paid by one who has contracted with an employer to
perform the service, and the contracting board or
educational
unit
shall be the employer for the purposes of administering the
provisions of this chapter;
(3) Any person, not a faculty member, employed in any
school
or college or other institution wholly controlled and
managed, and
wholly or partly supported by the state or any
political
subdivision thereof, the board of trustees, or other
managing body
of which shall accept the requirements and
obligations of this
chapter.
In all cases of doubt, the school employees retirement
board
shall determine whether any person is an employee, as
defined in
this division, and its decision is final.
(C) "Prior service" means all service rendered prior to
September 1, 1937:
(1) As an employee as defined in division (B) of this
section;
(2) As an employee in a capacity covered by the public
employees retirement system or the state teachers retirement
system;
(3) As an employee of an institution in another state,
service credit for which was procured by a member under the
provisions of section 3309.31 of the Revised Code.
Prior service, for service as an employee in a capacity
covered by the public employees retirement system or the state
teachers retirement system, shall be granted a member under
qualifications identical to the laws and rules applicable to
service credit in those systems.
Prior service shall not be granted any member for
service
rendered in a capacity covered by the public employees
retirement
system, the state teachers retirement system, and this
system in
the event the service credit has, in the
respective
systems, been
received, waived by exemption, or forfeited by
withdrawal of
contributions, except as provided in this chapter.
If a member who has been granted prior service should,
subsequent to September 16, 1957, and before retirement,
establish
three years of contributing service in the public
employees
retirement system, or one year in the state teachers
retirement
system, then the prior service granted shall
become,
at
retirement, the liability of the other system, if the
prior
service or employment was in a capacity that is covered by that
system.
The provisions of this division shall not cancel any prior
service granted a member by the school employees retirement board
prior to August 1, 1959.
(D) "Total service," "total service credit," or "Ohio
service
credit" means all contributing service of a member of the
school
employees retirement system, and all
prior service,
computed as
provided in this chapter, and all service
established
pursuant to
sections 3309.31, 3309.311, and 3309.33 of the Revised
Code. In
addition, "total service" includes any period,
not in
excess of
three years, during which a member was out of
service
and
receiving benefits from the state insurance fund,
provided the
injury or incapacitation was the direct result of
school
employment.
(E) "Member" means any employee, except an SERS retirant
or
other system retirant as defined in section 3309.341 of the
Revised Code, who has established membership in the school
employees retirement system. "Member" includes a disability
benefit recipient.
(F) "Contributor" means any person who has an account in
the
employees' savings fund.
When used in the sections listed in
division (B) of section
3309.82 of the Revised Code, "contributor"
includes any
person
participating in a plan established under
section 3309.81 of the
Revised Code.
(G) "Retirant" means any former member who retired and is
receiving a service retirement allowance or commuted service
retirement allowance as provided in this chapter.
(H) "Beneficiary" or "beneficiaries" means the estate or a
person or persons who, as the result of the death of a
contributor
or retirant, qualifies for or is receiving some right
or benefit
under this chapter.
(I) "Interest," as specified in division (E) of section
3309.60 of the Revised Code, means interest at the rates
for the
respective funds and accounts as the school employees retirement
board may determine from time to time, except as follows:
(1) The rate of interest credited on employee
contributions
at retirement shall be four per cent per annum,
compounded
annually, to and including June 30, 1955; three per
cent per
annum, compounded annually, from July 1, 1955, to and
including
June 30, 1963; three and one-quarter per cent per
annum,
compounded annually, from July 1,
1963, through June 30, 1966; and
thereafter,
four per cent per annum compounded annually until a
change in the amount is recommended by the system's actuary
and
approved by the retirement board. Subsequent to June 30, 1959,
the
retirement board shall discontinue the annual crediting of
current
interest on a contributor's accumulated contributions.
Noncrediting of current interest shall not
affect the rate
of
interest at retirement guaranteed under this division.
(2) In determining the reserve value for purposes of
computing the amount of the contributor's annuity, the rate of
interest used in the annuity values shall be four per cent per
annum through September 30, 1956; three per cent per annum
compounded annually from October 1, 1956, through June 30, 1963;
three and one-quarter per cent per annum compounded annually
from
July 1, 1963, through June 30, 1966; and, thereafter, four per
cent per
annum compounded annually until a change in
the amount is
recommended by the system's actuary and
approved
by the retirement
board. In the purchase of out-of-state service
credit as provided
in section 3309.31 of the Revised Code, and in
the purchase of an
additional annuity, as provided in section
3309.47 of the Revised
Code, interest shall be computed and
credited to reserves therefor
at the rate the
school
employees retirement board shall fix as
regular interest thereon.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's account in the employees'
savings fund
together with any regular interest credited thereon
at the rates
approved by the retirement board prior to
retirement.
(K) "Final average salary" means the sum of the annual
compensation for the three highest years of compensation for
which
contributions were made by the member, divided by three.
If the
member has a partial year of contributing service in the
year in
which the member terminates employment and
the partial year
is at
a rate of compensation that is higher than the rate of
compensation for any one of the highest three years of annual
earnings, the board shall substitute the compensation earned for
the partial year for the compensation earned for a similar
fractional portion in the lowest of the three high years of
annual
compensation before dividing by three. If a member has
less than
three years of contributing membership, the final
average salary
shall be the total compensation divided by the
total number of
years, including any fraction of a year, of
contributing service.
(L) "Annuity" means payments for life derived from
contributions made by a contributor and paid from the annuity and
pension reserve fund as provided in this chapter. All annuities
shall be paid in twelve equal monthly installments.
(M)(1) "Pension" means annual payments for life derived
from
appropriations made by an employer and paid from the
employers'
trust fund or the annuity and pension reserve fund.
All pensions
shall be paid in twelve equal monthly installments.
(2) "Disability retirement" means retirement as provided
in
section 3309.40 of the Revised Code.
(N) "Retirement allowance" means the pension plus the
annuity.
(O)(1) "Benefit" means a payment, other than a retirement
allowance or the annuity paid under section 3309.341 of the
Revised Code, payable from the accumulated contributions of the
member or the employer, or both, under this chapter and includes
a
disability allowance or disability benefit.
(2) "Disability allowance" means an allowance paid on
account
of disability under section 3309.401 of the Revised Code.
(3) "Disability benefit" means a benefit paid as
disability
retirement under section 3309.40 of the Revised Code,
as a
disability allowance under section 3309.401 of the Revised
Code,
or as a disability benefit under section 3309.35 of the
Revised
Code.
(P) "Annuity reserve" means the present value, computed
upon
the basis of mortality tables adopted by the
school employees
retirement board, of all payments to be made on
account of any
annuity, or benefit in lieu of any annuity,
granted to a retirant.
(Q) "Pension reserve" means the present value, computed
upon
the basis of mortality tables adopted by the
school employees
retirement board, of all payments to be made on
account of any
pension, or benefit in lieu of any pension,
granted to a retirant
or a beneficiary.
(R) "Year" means the year beginning the first day of July
and
ending with the thirtieth day of June next following.
(S) "Local district pension system" means any school
employees' pension fund created in any school district of the
state prior to September 1, 1937.
(T) "Employer contribution" means the amount paid by an
employer as determined under section 3309.49 of the Revised Code.
(U) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets;
(2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in
the
administration of the system.
(V)(1) Except as otherwise provided in this division,
"compensation" means all salary, wages, and other earnings paid
to
a contributor by reason of employment. The
salary,
wages, and
other earnings shall be determined prior to
determination of the
amount required to be contributed to the
employees' savings fund
under section 3309.47 of the Revised Code
and without regard to
whether any of the salary, wages, or
other
earnings are treated as
deferred income for federal income tax
purposes.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary or compensation is also paid or
during which benefits are paid under this chapter;
(d) Amounts paid by the employer to provide life
insurance,
sickness, accident, endowment, health, medical,
hospital, dental,
or surgical coverage, or other insurance for
the contributor or
the contributor's family, or amounts paid
by the employer to the
contributor in lieu of providing the
insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made to or on behalf of a contributor that
are
in excess of the annual compensation that may be taken into
account by the retirement system under division (a)(17) of
section
401 of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26
U.S.C.A. 401(a)(17), as amended. For a contributor who
first
establishes membership before July 1, 1996, the annual
compensation that may be taken into account by the retirement
system shall be
determined under division (d)(3) of section 13212
of the
"Omnibus Budget Reconciliation Act of
1993," Pub. L.
No.
103-66, 107 Stat. 472;
(g) Payments made under division (B), (C), or
(E) of
section
5923.05 of the Revised Code, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general assembly,
Section 3 of
Amended
Substitute Senate
Bill
No.
164 of the 124th general assembly,
or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(h) Anything of value received by the contributor that is
based on or attributable to retirement or an agreement to retire,
except that payments made on or before January 1, 1989, that are
based on or attributable to an agreement to retire shall be
included in compensation if both of the following apply:
(i) The payments are made in accordance with contract
provisions that were in effect prior to January 1, 1986.
(ii) The employer pays the retirement system an amount
specified by the retirement board equal to the additional
liability from the payments.
(3) The retirement board shall determine by rule whether
any
form of earnings not enumerated in this division is to be
included
in compensation, and its decision shall be final.
(W) "Disability benefit recipient" means a member who is
receiving a disability benefit.
(X) "Actuary" means an individual who satisfies all of the
following requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial
services to public retirement plans.
Sec. 3309.51. (A) Each employer shall pay annually into the
employers' trust fund, in such monthly or less frequent
installments as the school employees retirement board requires,
an
amount certified by the school employees retirement board,
which
shall be as required by Chapter 3309. of the Revised Code.
Payments by
school district boards of education
to the
employers' trust
fund of
the school employees retirement system
may be made from
the
amounts allocated under
Chapter 3317. of the
Revised Code
prior to their distribution to the individual school
districts. The amount due from each school
district
may be
certified by the
secretary of
the system to the
superintendent of
public
instruction
monthly, or at such times as is determined by
the
school employees
retirement board.
Payments by governing authorities of community schools to the
employers' trust fund of the school employees retirement system
shall be made from the amounts allocated under section 3314.08 of
the Revised Code prior to their distribution to the individual
community schools. The amount due from each community school
shall
be certified by the secretary of the system to the
superintendent
of public instruction monthly, or at such times as
determined by
the school employees retirement board.
Payments by a science, technology, engineering, and
mathematics school to the employers' trust fund of the school
employees retirement system shall be made from the amounts
allocated under section 3326.33 of the Revised Code prior to their
distribution to the school. The amount due from a science,
technology, engineering, and mathematics school shall be certified
by the secretary of the school employees retirement system to the
superintendent of public instruction monthly, or at such times as
determined by the school employees retirement board.
(B) The superintendent shall deduct from the amount allocated
to each
community school under section 3314.08 or of the Revised
Code,
to
each school district under
Chapter 3317. of the Revised
Code, or to each science, technology, engineering, and mathematics
school under section 3326.33 of the Revised Code the
entire
amounts due to the school employees retirement system from such
school
or
school district upon the
certification to
the
superintendent by
the secretary
thereof.
(C) Where an employer fails
or has failed or refuses to make
payments to the
employers' trust fund, as provided for under
Chapter 3309. of the
Revised Code, the
secretary of the school
employees retirement system may certify to
the state
superintendent of public instruction, monthly or at such
times as
is determined by the school employees retirement board,
the
amount
due from such employer, and the superintendent shall
deduct from
the amount allocated to each district or community
school the
employer
under section 3314.08 or 3326.33 or Chapter
3317. of the
Revised Code, as applicable,
the entire amounts due to the system
from such districts or
schools the employer upon the certification
to
the superintendent
by the
secretary of the school employees
retirement system.
(D) The superintendent shall certify to the director of
budget
and management the amounts thus due the system for
payment.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the child's parent
owes fees for the services provided to the child:
(a) A school district that is not the school district in
which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Formula ADM" and "category six special education ADM"
have the same meanings as in section 3317.02 of the Revised Code.
(4) "Handicapped preschool Preschool child with a disability"
and "individualized education program" have the same meanings as
in section 3323.01 of the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of
the Revised Code, except that "parent" does not mean a parent
whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of
handicapped preschool children with disabilities reported under
division (B)(3)(h) of section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom
all of the following conditions apply:
(a) The school district in which the child is entitled to
attend school has identified the child as autistic. A child who
has been identified as having a "pervasive developmental disorder
- not otherwise specified (PPD-NOS)" shall be considered to be an
autistic child for purposes of this section.
(b) The school district in which the child is entitled to
attend school has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through
twelve in the school year prior to the year in which a scholarship
under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the Department
department of Education education to participate in the program
established under this section.
(9) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
(B) There is hereby established the autism scholarship
program. Under the program, the department of education shall pay
a scholarship to the parent of each qualified special education
child upon application of that parent pursuant to procedures and
deadlines established by rule of the state board of education.
Each scholarship shall be used only to pay tuition for the child
on whose behalf the scholarship is awarded to attend a special
education program that implements the child's individualized
education program and that is operated by an alternative public
provider or by a registered private provider. Each scholarship
shall be in an amount not to exceed the lesser of the tuition
charged for the child by the special education program or twenty
thousand dollars. The purpose of the scholarship is to permit the
parent of a qualified special education child the choice to send
the child to a special education program, instead of the one
operated by or for the school district in which the child is
entitled to attend school, to receive the services prescribed in
the child's individualized education program once the
individualized education program is finalized. A scholarship under
this section shall not be awarded to the parent of a child while
the child's individualized education program is being developed by
the school district in which the child is entitled to attend
school, or while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending. A scholarship under
this section shall not be used for a child to attend a public
special education program that operates under a contract, compact,
or other bilateral agreement between the school district in which
the child is entitled to attend school and another school district
or other public provider, or for a child to attend a community
school established under Chapter 3314. of the Revised Code.
However, nothing in this section or in any rule adopted by the
state board shall prohibit a parent whose child attends a public
special education program under a contract, compact, or other
bilateral agreement, or a parent whose child attends a community
school, from applying for and accepting a scholarship under this
section so that the parent may withdraw the child from that
program or community school and use the scholarship for the child
to attend a special education program for which the parent is
required to pay for services for the child. A child attending a
special education program with a scholarship under this section
shall continue to be entitled to transportation to and from that
program in the manner prescribed by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and
(B)(10) of section 3317.03 of the Revised Code, a child who is not
a handicapped preschool child with a disability for whom a
scholarship is awarded under this section shall be counted in the
formula ADM and the category six special education ADM of the
district in which the child is entitled to attend school and not
in the formula ADM and the category six special education ADM of
any other school district. As prescribed in divisions (B)(3)(h)
and (B)(10) of section 3317.03 of the Revised Code, a child who is
a handicapped preschool child with a disability for whom a
scholarship is awarded under this section shall be counted in the
preschool scholarship ADM and category six special education ADM
of the school district in which the child is entitled to attend
school and not in the preschool scholarship ADM or category six
special education ADM of any other school district.
(2) In each fiscal year, the department shall deduct from the
amounts paid to each school district under Chapter 3317. of the
Revised Code, and, if necessary, sections 321.24 and 323.156 of
the Revised Code, the aggregate amount of scholarships awarded
under this section for qualified special education children
included in the formula ADM, or preschool scholarship ADM, and in
the category six special education ADM of that school district as
provided in division (C)(1) of this section. The scholarships
deducted shall be considered as an approved special education and
related services expense for the purpose of the school district's
compliance with division (C)(5) of section 3317.022 of the Revised
Code.
(3) From time to time, the department shall make a payment to
the parent of each qualified special education child for whom a
scholarship has been awarded under this section. The scholarship
amount shall be proportionately reduced in the case of any such
child who is not enrolled in the special education program for
which a scholarship was awarded under this section for the entire
school year. The department shall make no payments to the parent
of a child while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment
of tuition owed to a nonpublic entity unless that entity is a
registered private provider. The
department shall approve
entities that meet the standards established by rule of the state
board for the program
established
under this section.
(E) The state board shall adopt rules under Chapter 119. of
the Revised Code prescribing procedures necessary to implement
this section, including, but not limited to, procedures and
deadlines for parents to apply for scholarships, standards for
registered private providers, and procedures for approval of
entities as registered private providers.
Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the
Revised Code:
(A) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the eligible
applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in
which the child is entitled to attend school or the child's school
district of residence, if different;
(2) A public entity other than a school district.
(B) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(C) "Category one through six special education ADM" means
the respective categories prescribed in divisions (F)(1) to (6) of
section 3317.02 of the Revised Code.
(D) "Child with a disability" and "individualized education
program" have the same meanings as in section 3323.01 of the
Revised Code.
(E) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a qualified
special education child, except as otherwise specified in this
division. When the marriage of the natural or adoptive parents of
the student has been terminated by a divorce, dissolution of
marriage, or annulment, or when the natural or adoptive parents of
the student are living separate and apart under a legal separation
decree, and a court has issued an order allocating the parental
rights and responsibilities with respect to the child, "eligible
applicant" means the residential parent as designated by the
court. If the court issues a shared parenting decree, "eligible
applicant" means either parent. "Eligible applicant" does not mean
a parent whose custodial rights have been terminated.
(2) The custodian of a qualified special education child,
when a court has granted temporary, legal, or permanent custody of
the child to an individual other than either of the natural or
adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child, when
a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education child,
when the grandparent is the child's attorney in fact under a power
of attorney executed under sections 3109.51 to 3109.62 of the
Revised Code or when the grandparent has executed a caregiver
authorization affidavit under sections 3109.65 to 3109.73 of the
Revised Code;
(5) The surrogate parent appointed for a qualified special
education child pursuant to division (B) of section 3323.05 and
section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does
not have a custodian or guardian and the child is at least
eighteen years of age.
(F) "Entitled to attend school" means entitled to attend
school in a school district under sections 3313.64 and 3313.65 of
the Revised Code.
(G) "Formula ADM" and "formula amount" have the same meanings
as in section 3317.02 of the Revised Code.
(H) "Qualified special education child" is a child for whom
all of the following conditions apply:
(1) The child is at least five years of age and less than
twenty-two years of age;
(2) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has identified the child as a child with a disability;
(3) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has developed an individualized education program under
Chapter 3323. of the Revised Code for the child;
(a) Was enrolled in the schools of the school district in
which the child is entitled to attend school in any grade from
kindergarten through twelve in the school year prior to the school
year in which a scholarship is first sought for the child;
(b) Is eligible to enter school in any grade kindergarten
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship is first sought for the child.
(I) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the
superintendent of public instruction under section 3310.58 of the
Revised Code.
(J) "Scholarship" means a scholarship awarded under the
special education scholarship pilot program pursuant to sections
3310.51 to 3310.63 of the Revised Code.
(K) "School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school
established under Chapter 3314. of the Revised Code is not a
"school district of residence" for purposes of sections 3310.51 to
3310.63 of the Revised Code.
(L) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(M) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
Sec. 3310.52. (A) The special education scholarship pilot
program is hereby established. Under the program, in fiscal years
2009 through 2014, subject to division (B) of this section, the
department of education annually shall pay a scholarship to an
alternative public provider or a registered private provider on
behalf of an eligible applicant for services provided for a
qualified special education child. The scholarship shall be used
only to pay all or part of the fees for the child to attend the
special education program operated by the alternative public
provider or registered private provider to implement the child's
individualized education program in lieu of the child's attending
the special education program operated by the school district in
which the child is entitled to attend school.
(B) The number of scholarships awarded under the pilot
program in any fiscal year shall not exceed three per cent of the
total number of students residing in the state identified as
children with disabilities during the previous fiscal year.
(C) No scholarship or renewal of a scholarship shall be
awarded to an eligible applicant on behalf of a qualified special
education child for the next school year, unless on or before the
fifteenth day of April the eligible applicant completes the
application for the scholarship or renewal, in the manner
prescribed by the department, and notifies the school district in
which the child is entitled to attend school that the eligible
applicant has applied for the scholarship or renewal.
Sec. 3310.53. (A) Except for development of the child's
individualized education program, as specified in division (B) of
this section, the school district in which a qualified special
education child is entitled to attend school and the child's
school district of residence, if different, are not obligated to
provide the child with a free appropriate public education under
Chapter 3323. of the Revised Code for as long as the child
continues to attend the special education program operated by
either an alternative public provider or a registered private
provider for which a scholarship is awarded under the special
education scholarship pilot program. If at any time, the eligible
applicant for the child decides no longer to accept scholarship
payments and enrolls the child in the special education program of
the school district in which the child is entitled to attend
school, that district shall provide the child with a free
appropriate public education under Chapter 3323. of the Revised
Code.
(B) Each eligible applicant and each qualified special
education child have a continuing right to the development of an
individualized education program for the child that complies with
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and
administrative rules or guidelines adopted by the Ohio department
of education or the United States department of education. The
school district in which a qualified special education child is
entitled to attend school, or the child's school district of
residence if different, shall develop each individualized
education program for the child in accordance with those
provisions.
(C)
Each school district shall notify an eligible applicant
of the applicant's and qualified special education child's rights
under sections 3310.51 to 3310.63 of the Revised Code by providing
to each eligible applicant the comparison document prescribed in
section 3323.052 of the Revised Code. An eligible applicant's
receipt of that document, as acknowledged in a format prescribed
by the department of education, shall constitute notice that the
eligible applicant has been informed of those rights. Upon receipt
of that document, subsequent acceptance of a scholarship
constitutes the eligible applicant's informed consent to the
provisions of sections 3310.51 to 3310.63 of the Revised Code.
Sec. 3310.54. As prescribed in divisions (A)(2)(h),
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised
Code, a qualified special education child in any of grades
kindergarten through twelve for whom a scholarship is awarded
under the special education scholarship pilot program shall be
counted in the formula ADM and category one through six special
education ADM, as appropriate, of the school district in which the
child is entitled to attend school. A qualified special education
child shall not be counted in the formula ADM or category one
through six special education ADM of any other school district.
Sec. 3310.55. The department of education shall deduct from
a school district's state education aid, as defined in section
3317.02 of the Revised Code, and, if necessary, from its payment
under sections 321.24 and 323.156 of the Revised Code, the
aggregate amount of scholarships paid under section 3310.57 of the
Revised Code for qualified special education children included in
the formula ADM and the category one through six special education
ADM of that school district.
Sec. 3310.56. The amount of the scholarship awarded and paid
on behalf of an eligible applicant for services for a qualified
special education child under the special education scholarship
pilot program in each school year shall be the least of the
following:
(A) The amount of fees charged for that school year by the
alternative public provider or registered private provider;
(B) The sum of the amounts calculated under divisions (B)(1)
and (2) of this section:
(1) The sum of the formula amount plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code;
(2) The formula amount times the applicable special education
weight for the child's disability;
(C) Twenty thousand dollars.
Sec. 3310.57. The department of education shall make
periodic payments to an alternative public provider or a
registered private provider on behalf of an eligible applicant for
services for each qualified special education child for whom a
scholarship has been awarded. The total of all payments made on
behalf of an applicant in each school year shall not exceed the
amount calculated for the child under section 3310.56 of the
Revised Code.
The scholarship amount shall be proportionately reduced in
the case of a child who is not enrolled in the special education
program of an alternative public provider or a registered private
provider for the entire school year.
In accordance with division (A) of section 3310.62 of the
Revised Code, the department shall make no payments on behalf of
an applicant for a first-time scholarship for a qualified special
education child while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending.
Sec. 3310.58. No nonpublic school or entity shall receive
payments for services for a qualified special education child
under the special education scholarship pilot program until the
school or entity registers with the superintendent of public
instruction. The superintendent shall register and designate as a
registered private provider any nonpublic school or entity that
meets the following requirements:
(A) The special education program operated by the school or
entity meets the minimum education standards established by the
state board of education.
(B) The school or entity complies with the antidiscrimination
provisions of 42 U.S.C. 2000d, regardless of whether the school or
entity receives federal financial assistance.
(C) If the school or entity is not chartered by the state
board under section 3301.16 of the Revised Code, the school or
entity agrees to comply with section 3319.39 of the Revised Code
as if it were a school district.
(D) The teaching and nonteaching professionals employed by
the school or entity, or employed by any subcontractors of the
school or entity, hold credentials determined by the state board
to be appropriate for the qualified special education children
enrolled in the special education program it operates.
(E) The school or entity meets applicable health and safety
standards established by law for school buildings.
(F) The school or entity agrees to retain on file
documentation as required by the department of education.
(G) The school or entity demonstrates fiscal soundness to the
satisfaction of the department.
(H) The school or entity agrees to meet other requirements
established by rule of the state board under section 3310.63 of
the Revised Code.
Sec. 3310.59. The superintendent of public instruction shall
revoke the registration of any school or entity if, after a
hearing, the superintendent determines that the school or entity
is in violation of any provision of section 3310.58 of the Revised
Code.
Sec. 3310.60. A qualified special education child attending
a special education program at an alternative public provider or a
registered private provider with a scholarship shall be entitled
to transportation to and from that program in the manner
prescribed by law for any child with a disability attending a
nonpublic special education program.
Sec. 3310.61. An eligible applicant on behalf of a child who
currently attends a public special education program under a
contract, compact, or other bilateral agreement, or on behalf of a
child who currently attends a community school, shall not be
prohibited from applying for and accepting a scholarship so that
the applicant may withdraw the child from that program or
community school and use the scholarship for the child to attend a
special education program operated by an alternative public
provider or a registered private provider.
Sec. 3310.62. (A) A scholarship under the special education
scholarship pilot program shall not be awarded for the first time
to an eligible applicant on behalf of a qualified special
education child while the child's individualized education program
is being developed by the school district in which the child is
entitled to attend school, or by the child's school district of
residence if different, or while any administrative or judicial
mediation or proceedings with respect to the content of that
individualized education program are pending.
(B) Development of individualized education programs
subsequent to the one developed for the child the first time a
scholarship was awarded on behalf of the child and the
prosecuting, by the eligible applicant on behalf of the child, of
administrative or judicial mediation or proceedings with respect
to any of those subsequent individualized education programs do
not affect the applicant's and the child's continued eligibility
for scholarship payments.
(C)
In the case of any child for whom a scholarship has been
awarded, if the school district in which the child is entitled to
attend school has agreed to provide some services for the child
under an agreement entered into with the eligible applicant or
with the alternative public provider or registered private
provider implementing the child's individualized education
program, or if the district is required by law to provide some
services for the child, including transportation services under
sections 3310.60 and 3327.01 of the Revised Code, the district
shall not discontinue the services it is providing pending
completion of any administrative proceedings regarding those
services. The prosecuting, by the eligible applicant on behalf of
the child, of administrative proceedings regarding the services
provided by the district does not affect the applicant's and the
child's continued eligibility for scholarship payments.
(D) The department of education shall continue to make
payments to the alternative public provider or registered private
provider on behalf of the eligible applicant under section 3310.57
of the Revised Code while either of the following are pending:
(1) Administrative or judicial mediation or proceedings with
respect to a subsequent individualized education program for the
child referred to in division (B) of this section;
(2) Administrative
proceedings regarding services provided by
the district under division (C) of this section.
Sec. 3310.63. The state board of education shall adopt rules
in accordance with Chapter 119. of the Revised Code prescribing
procedures necessary to implement sections 3310.51 to 3310.62 of
the Revised Code including, but not limited to, procedures for
parents to apply for scholarships, standards for registered
private providers, and procedures for registration of private
providers.
Sec. 3311.24. (A)(1) Except as provided in division (B) of
this section, if the board of education of a city, exempted
village, or local school district
deems it advisable shall file
with the state board of education a proposal to
transfer territory
from such district to an adjoining city,
exempted village, or
local school district,
or if a in any of the following
circumstances:
(a) The district board deems the transfer advisable;
(b) A petition, signed by seventy-five per cent of the
qualified electors residing within that portion of a city,
exempted village, or local school district proposed to be
transferred
voting at the last general election, requests such a
transfer,
the;
(c) If no qualified electors reside in that portion of the
district proposed to be transferred, a petition, signed by
seventy-five per cent of the owners of parcels of real property on
the tax duplicate within that portion of the district, requests
such a transfer.
(2) The board of education of the district in which such
proposal
originates shall file such proposal, together with a map
showing
the boundaries of the territory proposed to be
transferred, with
the state board of education prior to the first
day of April in
any even-numbered year. The state board of
education may, if it
is advisable, provide for a hearing in any
suitable place in any
of the school districts affected by such
proposed transfer of
territory. The state board of education or
its representatives
shall preside at any such hearing.
(3) A board of education of a city, exempted village, or
local school district that receives a petition of transfer signed
by electors of the district under this division (A)(1)(b) of this
section shall cause the board of elections to check the
sufficiency of signatures on the petition. A board of education of
a city, exempted village, or local school district that receives a
petition of transfer signed by owners of parcels of real property
under division (A)(1)(c) of this section shall cause the county
auditor to check the sufficiency of signatures on the petition.
(4) Not later than the first day of September the state board
of education shall either approve or disapprove a proposed
transfer of territory filed with it as provided by this section
and shall notify, in writing, the boards of education of the
districts affected by such proposed transfer of territory of its
decision.
If the decision of the state board of education is an
approval of the proposed transfer of territory then the board of
education of the district in which the territory is located
shall,
within thirty days after receiving the state board of
education's
decision, adopt a resolution transferring the
territory and shall
forthwith submit a copy of such resolution to
the treasurer of the
board of education of the city, exempted
village, or local school
district to
which the territory is
transferred. Such transfer
shall not be complete however, until:
(1)(a) A resolution accepting the transfer has been passed by
a majority vote of the full membership of the board of education
of the city, exempted village, or local school
district to which
the territory is transferred;
(2)(b) An equitable division of the funds and indebtedness
between the districts involved has been
made
by the board of
education making the transfer;
(3)(c) A map showing the boundaries of the territory
transferred has been filed, by the board of education accepting
the transfer, with the county auditor of each county affected by
the transfer.
When such transfer is complete the legal title of the
school
property in the territory transferred shall be vested in
the board
of education or governing board of the school district to which
the
territory is transferred.
(B) Whenever the transfer of territory pursuant to this
section is initiated by a board of education, the board shall,
before filing a proposal for transfer with the state board of
education under this section, make a good faith effort to
negotiate the terms of transfer with any other school district
whose territory would be affected by the transfer. Before the
state board may hold a hearing on the transfer, or approve or
disapprove any such transfer, it must receive the following:
(1) A resolution requesting approval of the transfer,
passed
by the school district submitting the proposal;
(2) Evidence determined to be sufficient by the state
board
to show that good faith negotiations have taken place or
that the
district requesting the transfer has made a good faith
effort to
hold such negotiations;
(3) If any negotiations took place, a statement signed by
all
boards that participated in the negotiations,
listing
the
terms
agreed on and the points on which no agreement could be
reached.
Negotiations held pursuant to this section shall be
governed
by the rules adopted by the state board under division
(D) of
section 3311.06 of the Revised Code. Districts involved
in a
transfer under division (B) of this section may agree to
share
revenues from the property included in the territory to be
transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
Sec. 3311.51. Nothing in this section or sections 3311.50
and 5705.215 of the Revised Code shall be construed to permit or
require the education of handicapped children with disabilities
other than in the
manner required by Chapter 3323. of the Revised
Code. To the
maximum extent appropriate, handicapped children with
disabilities shall be
educated with nonhandicapped nondisabled
children.
The governing board that is taxing authority of a county
school financing district that levies a tax pursuant to section
5705.215 of the Revised Code may, by resolution adopted by
majority vote of its members, expend the proceeds of such tax for
the benefit of school districts with territory in the county
school financing district in accordance with this section and the
resolution to levy the tax.
(A) In the case of a district created for special
education,
as described in division (B)(1) of section 3311.50 of
the Revised
Code, the proceeds may be expended either:
(1) To pay for operating costs and permanent improvements
necessary to implement and maintain special education programs
and
related services in accordance with a contract or agreement
entered into under section 3313.92 or 3323.08 of the Revised
Code;
(2) To make grants or otherwise distribute funds to boards
of
education with territory in the county school financing
district
for special education programs and related services.
(B) In the case of a district created for the provision of
specified educational programs and services as described in
division (B)(2) of section 3311.50 of the Revised Code, the
proceeds may be expended either:
(1) To pay for operating costs and permanent improvements
necessary to implement and maintain specified educational
programs
in accordance with a contract or agreement entered into
under
section 3313.812, 3313.842, or division (A)(3) of section
3313.90
of the Revised Code;
(2) To make grants or otherwise distribute funds for those
programs to boards of education with territory in the county
school financing district.
(C) In the case of a district created for the making of
permanent improvements under division (B)(3) of section 3311.50
of
the Revised Code, the proceeds shall be expended either:
(1) To pay for the permanent improvements in accordance
with
a contract entered into under section 3313.92 of the Revised
Code;
(2) To make grants or otherwise distribute funds for those
permanent improvements to boards of education with territory in
the county school financing district.
Sec. 3311.521. (A) The boards of education of any two or
more contiguous city, exempted village, or local school districts
may establish a cooperative education school district in
accordance with this section for the purpose of operating a joint
high school in lieu of each of such boards operating any high
school. Such a cooperative education school district shall only
be
established pursuant to the adoption of identical resolutions
in
accordance with this section within a sixty-day period by a
majority of the members of the board of education of all such
boards. Upon the adoption of all such resolutions, a copy of
each
resolution shall be filed with the state board of education.
The territory of any cooperative education school district
established pursuant to this section shall consist of the
territory of all of the school districts whose boards of
education
adopt identical resolutions under this section.
(B) Any resolutions adopted under division (A) of this
section shall include all of the following:
(1) Provision for the date on which the cooperative
district
will be created, which date shall be the first day of
July in the
year specified in the resolution;
(2) Provision for the composition, selection, and terms of
office of the board of education of the cooperative district,
which provision shall include but not necessarily be limited to
both of the following:
(a) A requirement that the board include at least two
members
selected from or by the members of the board of education
of each
city, local, and exempted village school district within
the
territory of the cooperative district;
(b) Specification of the date by which the initial members
of
the board must be selected, which date shall be the same as
the
date specified pursuant to division (B)(1) of this section.
(3) Provision for the selection of a superintendent and
treasurer of the cooperative school district, which provision
shall require one of the following:
(a) The selection of one person as both the superintendent
and treasurer of the cooperative district, which provision may
require such person to be the superintendent or treasurer of any
city, local, or exempted village school district within the
territory of the cooperative district;
(b) The selection of one person as the superintendent and
another person as the treasurer of the cooperative district,
which
provision may require either one or both such persons to be
superintendents or treasurers of any city, local, or exempted
village school district within the territory of the cooperative
district.
(4) A statement of the high school education program the
board of education of the cooperative education school district
will conduct in lieu of any high school education program being
operated by the boards of education of the city, local, and
exempted village school districts within the territory of the
cooperative district, which statement shall include but not
necessarily be limited to the high school grade levels to be
operated in the program, the timetable for commencing operation
of
the program, and the facilities proposed to be used or
constructed
to be used by the program;
(5) A statement that the boards of education of the city,
local, and exempted village school districts within the territory
of the cooperative district will not operate any high school
education program for the grade levels operated by the
cooperative
district;
(6) A statement of how special education and related
services
will be provided in accordance with Chapter 3323. of the
Revised
Code to the handicapped children with disabilities who are
identified by
each city, exempted village, or local school
district with
territory in the cooperative district and who are in
the grade
levels to be operated by the cooperative district;
(7) A statement of how transportation of students to and
from
school will be provided in the cooperative district, which
statement shall include but not be necessarily limited to both of
the following:
(a) How special education students will be transported as
required by their individualized education program adopted
pursuant to section 3323.08 of the Revised Code;
(b) Whether transportation to and from school will be
provided to any other students of the cooperative district and,
if
so, the manner in which this transportation will be provided.
(8) A statement of the annual amount, or the method for
determining the annual amount, of funds or services or facilities
that each city, local, and exempted village school district is
required to pay to or provide for the use of the board of
education of the cooperative education school district;
(9) Provision for adopting amendments to the provisions
adopted pursuant to divisions (B)(3) to (8) of this section,
which
provision shall require that any such amendments comply
with
divisions (B)(3) to (8) of this section.
(C) Upon the adoption of identical resolutions in
accordance
with this section, the cooperative education school
district and
board of education of that district specified in and
selected in
accordance with such resolutions shall be established
on the date
specified in the resolutions. Upon the establishment
of the
district and board, the board of the cooperative district
shall
give written notice of the creation of the district to the
county
auditor and the board of elections of each county having
any
territory in the new district.
Sec. 3313.532. (A) Any person twenty-two or more years of
age and enrolled in an adult high school continuation program
established pursuant to section 3313.531 of the Revised Code may
request the board of education operating the program to conduct
an
evaluation in accordance with division (C) of this section.
(B) Any applicant to a board of education for a diploma of
adult education under division (B) of section 3313.611 of the
Revised Code may request the board to conduct an evaluation in
accordance with division (C) of this section.
(C) Upon the request of any person pursuant to division
(A)
or (B) of this section, the board of education to which the
request is made shall evaluate the person to determine whether
the
person is handicapped disabled, in accordance with rules adopted
by
the
state board of education. If the evaluation indicates that
the
person is handicapped disabled, the board shall determine
whether to
excuse
the person from taking any of the tests required
by
division (B)
of section 3301.0710 of the Revised Code
as a
requirement for
receiving a diploma under section 3313.611 of the
Revised Code.
The board may require the person to take an
alternate assessment in place of any test from which the person is
so excused.
Sec. 3313.537. (A) As used in this section,
"extracurricular activity" means a pupil activity program that a
school or school district operates and is not included in the
school district's graded course of study, including an
interscholastic extracurricular activity that a school or school
district sponsors or participates in and that has participants
from more than one school or school district.
(B)(1) A student in grades seven to twelve who is enrolled in
a community school established under Chapter 3314. of the Revised
Code that is sponsored by the city, local, or exempted village
school district in which the student is entitled to attend school
pursuant to section 3313.64 or 3313.65 of the Revised Code shall
be afforded the opportunity to participate in any extracurricular
activities offered at the traditional public school that is
operated by the school district and to which the student otherwise
would be assigned. If more than one such school operated by the
school district serves the student's grade level, the student
shall be afforded the opportunity to participate in any
extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code.
(2) A student who is enrolled in a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code shall be afforded the opportunity to
participate in any extracurricular activities offered at the
traditional public school that is operated by the school district
in which the student is entitled to attend school pursuant to
section 3313.64 or 3313.65 of the Revised Code and to which the
student otherwise would be assigned. If more than one such school
operated by the school district serves the student's grade level,
the student shall be afforded the opportunity to participate in
any extracurricular activities offered at the school to which the
student would be assigned by the district superintendent pursuant
to section 3319.01 of the Revised Code.
(C) In order to participate in any extracurricular activity
under this section, the student shall fulfill the same academic,
nonacademic, and financial requirements as any other participant,
including the rules and policies adopted by the school district
under section 3313.535 of the Revised Code. The school district
board of education may require the a community school student to
enroll and participate in no more than one academic course at the
school offering the extracurricular activity as a condition to
participating in the activity. In that case, the board shall admit
students seeking to enroll in an academic course to fulfill the
requirement as space allows after first enrolling students
assigned to that school.
(D) No school or school district shall impose fees for a
student to participate under this section that exceed any fees
charged to other students participating in the same
extracurricular activity.
(E) No school district, interscholastic conference, or
organization that regulates interscholastic conferences or events
shall require a student who is eligible to participate in
extracurricular activities under this section to meet eligibility
requirements that conflict with this section.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a
minimum of one hundred twenty hours
of
course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction.
(2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the
requirements for
graduation from every
high school shall include
twenty units earned in grades nine
through twelve and shall be
distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one
unit;
(b) Physical sciences, one
unit.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
(7) Elective units, seven units until September 15, 2003,
and
six units thereafter.
Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010,
except as provided in
divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school
shall include
twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three
units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Biology Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
section 3301.079 of the Revised Code, into one or more existing
social studies credits required under division (C)(6) of this
section, or into the content of another class, so that every high
school student receives instruction in those concepts. In
developing the curriculum required by this paragraph, schools
shall use available public-private partnerships and resources and
materials that exist in business, industry, and through the
centers for economics education at institutions of higher
education in the state.
(7) Five
units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
or English language arts, mathematics, science, or social studies
courses not otherwise required under division (C) of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board of education, the Ohio board of regents, and the partnership
for continued learning shall develop policies to ensure that only
in rare instances will students who complete the Ohio core
curriculum require academic remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
whenever practicable across the curriculum in order to maximize
efficiency, enhance learning, and prepare students for success in
the technology-driven twenty-first century. Districts and schools
may use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall whenever practicable utilize technology access
and electronic learning opportunities provided by the eTech Ohio
commission, the Ohio learning network, education technology
centers, public television stations, and other public and private
providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The partnership for continued learning, in collaboration with
the department of education and the Ohio board of regents, shall
analyze student performance data to determine if there are
mitigating factors that warrant extending the exception permitted
by division (D) of this section to high school classes beyond
those entering ninth grade before July 1, 2014. The partnership
shall submit its findings and any recommendations not later than
August 1, 2014, to the speaker and minority leader of the house of
representatives, the president and minority leader of the senate,
the chairpersons and ranking minority members of the standing
committees of the house of representatives and the senate that
consider education legislation, the state board of education, and
the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department
of education, may qualify for graduation from high school by
successfully completing a competency-based instructional program
administered by the dropout prevention and recovery program in
lieu of completing the Ohio core curriculum prescribed in division
(C) of this section. The department shall grant a waiver to a
dropout prevention and recovery program, within sixty days after
the program applies for the waiver, if the program meets all of
the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the tests prescribed under
division (B) of section 3301.0710 of the Revised Code.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school
may permit students below the ninth
grade to take advanced work
for high school credit. A high school
shall count
such advanced work toward the
graduation requirements
of division
(B) or (C) of
this section if the advanced work was
both:
(1) Taught by a person who possesses a license or
certificate
issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised
Code
that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section.
(J) The state board of education, in consultation with the
Ohio board of regents and the partnership for continued learning,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district, community
school, and chartered nonpublic school shall comply with the state
board's plan adopted under this division and award units of high
school credit in accordance with the plan. The state board may
adopt existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons. If the board or authority adopts such a
policy, the board or authority shall not require the student to
complete any physical education course as a condition to graduate.
However, the student shall be required to complete one-half unit,
consisting of at least sixty hours of instruction, in another
course of study.
Sec. 3313.615. This section shall apply to diplomas awarded
after September 15, 2006, to students who are required to take the
five Ohio graduation tests prescribed by division (B) of
section
3301.0710 of the Revised Code.
(A) As an alternative to the requirement that a person
attain
the scores designated under division (B) of section
3301.0710 of
the Revised Code on all the tests required under that
division in
order to be eligible for a high school diploma or an
honors
diploma under sections 3313.61, 3313.612, or 3325.08 of the
Revised Code or for a diploma of adult education under section
3313.611 of the Revised Code, a person who has attained at least
the applicable scores designated under division (B) of section
3301.0710 of the Revised Code on all but one of the tests required
by that division and from which the person was not excused or
exempted, pursuant to division (H) or (L) of section 3313.61,
division (B)(1) of section 3313.612, or section 3313.532 of the
Revised Code, may be awarded a diploma or honors diploma if the
person has satisfied all of the following conditions:
(1) On the one test required under division (B) of section
3301.0710 of the Revised Code for which the person failed to
attain the designated score, the person missed that score by ten
points or less;
(2) Has a ninety-seven per cent school attendance rate in
each of the last four school years, excluding any excused
absences;
(3) Has not been expelled from school under
section
3313.66
of the Revised Code in any of the last four school
years;
(4) Has a grade point average of at least 2.5 out of 4.0,
or
its equivalent as designated in rules adopted by the state
board
of education, in the subject area of the test required under
division (B) of section 3301.0710 of the Revised Code for which
the person failed to attain the designated score;
(5) Has completed the high school curriculum requirements
prescribed in section 3313.603 of the Revised Code or has
qualified under division (D) or (F) of that section;
(6) Has taken advantage of any intervention programs
provided
by the school district or school in the subject area
described in
division (A)(4) of this section and has a
ninety-seven per cent
attendance rate, excluding any excused
absences, in any of those
programs that are provided at times
beyond the normal school day,
school week, or school year or has
received comparable
intervention services from a source other than
the school district
or school;
(7) Holds a letter recommending graduation from each of the
person's high school teachers in the subject area described in
division (A)(4) of this section and from the person's high school
principal.
(B) The state board of education shall establish rules
designating grade point averages equivalent to the average
specified in division (A)(4) of this section for use by school
districts and schools with different grading systems.
(C) Any student who is exempt from attaining the applicable
score designated under division (B) of section 3301.0710 of the
Revised Code on the Ohio graduation test in social studies
pursuant to division (H) of section 3313.61 or division (B)(2) of
section 3313.612 of the Revised Code shall not qualify for a high
school diploma under this section, unless, notwithstanding the
exemption, the student attains the applicable score on that test.
If the student attains the applicable score on that test, the
student may qualify for a diploma under this section in the same
manner as any other student who is required to take the five Ohio
graduation tests prescribed by division (B) of section 3301.0710
of the Revised Code.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact
under the power of attorney.
When a child is the subject of a
caretaker authorization affidavit
executed under sections 3109.64
to 3109.73 of the Revised Code,
"parent" means the grandparent
that executed the affidavit.
(2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home"
means a home, institution, foster home, group home,
or
other
residential facility in this state that receives and
cares
for
children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.22 of the Revised Code.
(6) A child is placed for adoption if either of the
following
occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child.
(7)
"Handicapped preschool Preschool child with a disability"
means a handicapped
child,
as defined by division (A) of has the
same meaning as in section 3323.01 of the
Revised Code,
who is at
least three years of age but is not of
compulsory school
age, as
defined in section 3321.01 of the
Revised Code, and who is
not
currently enrolled in kindergarten.
(8)
"Child," unless otherwise indicated, includes
handicapped
preschool children with disabilities.
(9) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child with a disability shall be
admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this
section to be admitted to the schools of the district where
the
child resides and who is residing with a resident of this
state
with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless
either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
with a disability who resides in the district in a special
education program
outside
of the district or its schools in
compliance with Chapter
3323. of
the Revised Code.
(C) A district shall not charge tuition for children
admitted
under division (B)(1) or (3) of this section. If the
district
admits a child under division (B)(2) of this section,
tuition
shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in
accordance with section
3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code
regardless of who has custody of the child or
whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of
this section, if the
child is in the permanent or legal custody
of
a government agency
or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division
(C)(2)(a) or (b) of this section, tuition shall be paid
by the
district determined as required by section 2151.362 of the
Revised
Code by the court at the time it vests custody of the
child in the
person or government agency;
(d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement;
(e) If the court has modified its order as to which district
department of education has determined, pursuant to division
(A)(2) of section 2151.362 of the Revised Code, that a school
district other than the one named in the court's initial order, or
in a prior determination of the department, is responsible to bear
the cost of educating the child pursuant to division (A)(2) of
section 2151.362 of the Revised Code, the district so determined
to shall be responsible for that cost in the order so modified.
(3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is
living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the
location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district
outside the district where the parent is residing and
who
is
waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the
location of the house being purchased, and stating the
parent's
intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised
Code.
Upon
request, the grandparent shall complete any consent
form
required
by the district. A school district shall not incur
any
liability
solely because of its receipt of a consent form from
a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is
entitled
to
attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division;
(b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to attend
school in the school district in which that person resides if both
of the following apply:
(a) That person has been appointed, through a military power
of attorney executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10
U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active
duty as a member of the national guard or a reserve unit of the
armed forces of the United States or because the parent is a
member of the armed forces of the United States and is on a duty
assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the
parent's agent under the military power of attorney or comparable
document resides applies until the end of the school year in which
the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04,
3327.04, and 3327.06 of the Revised Code, a child may
attend
school or participate in a special education program in a
school
district other than in the district where the child is
entitled to
attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of the
district but since that time the child or the child's parent has
relocated to a new address located outside of that school district
and within the same county as the child's or parent's address
immediately prior to the relocation. The child may continue to
attend school in the district, and at the school to which the
child was assigned at the end of the first full week of October of
the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the
following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the
relocation outside of the school district to the superintendent of
each of the two school districts.
(2) At the beginning of the school year following the school
year in which the child or the child's parent relocated outside of
the school district as described in division (I)(1) of this
section, the child is not entitled to attend school in the school
district under that division.
(3) Any person or entity owing tuition to the school district
on behalf of the child at the end of the first full week in
October, as provided in division (C) of this section, shall
continue to owe such tuition to the district for the child's
attendance under division (I)(1) of this section for the lesser of
the balance of the school year or the balance of the time that the
child attends school in the district under division (I)(1) of this
section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent has
relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (H) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section
3313.98 of the Revised Code.
(J) This division does not apply to a child receiving
special
education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a reserve
unit of the armed forces of the United States and is called to
active duty, or a child whose parent is a member of the armed
forces of the United States and is ordered to a temporary duty
assignment outside of the district, may continue to attend school
in the district in which the child's parent lived before being
called to active duty or ordered to a temporary duty assignment
outside of the district, as long as the child's parent continues
to be a resident of that district, and regardless of where the
child lives as a result of the parent's active duty status or
temporary duty assignment. However, the district is not
responsible for providing transportation for the child if the
child lives outside of the district as a result of the parent's
active duty status or temporary duty assignment.
Sec. 3313.646. (A) The board of education of a school
district, except a cooperative education district established
pursuant to section 3311.521 of the Revised Code, may establish
and operate a preschool program except that no such program shall
be established after March 17, 1989, unless both of the following
apply at the time the program is established:
(1) The, provided the board has demonstrated a need for the
program.
(2) Unless it is a cooperative education district
established
pursuant to divisions (A) to (C) of section 3311.52
of the Revised
Code, the school district is eligible for moneys
distributed by
the department of education pursuant to section
3317.029 of the
Revised Code. A board may use
school funds in support of preschool
programs. The board shall
maintain, operate, and admit children to
any such program
pursuant to rules adopted by such board and the
rules of the
state board of education adopted under sections
3301.52 to
3301.57 of the Revised Code.
A board of education may establish fees or tuition, which
may
be graduated in proportion to family income, for
participation in
a preschool program. In cases where payment of
fees or tuition
would create a hardship for the child's parent or
guardian, the
board may waive any such fees or tuition.
(B) No board of education that is not receiving funds
under
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A.
9831, on
March 17, 1989, shall compete for funds under the "Head
Start Act"
with any grantee receiving funds under that act.
(C) A board of education may contract with any of the
following preschool providers to provide preschool programs,
other
than programs for units described by divisions
(B) and (C) of
section 3317.05 of the Revised Code, for children of the school
district:
(1) Any organization receiving funds under the "Head Start
Act";
(2) Any nonsectarian eligible nonpublic school as defined
in
division (H) of section 3301.52 of the Revised Code;
(3) Any child care provider licensed under Chapter
5104. of
the Revised Code.
Boards may contract to provide preschool programs only with
such organizations whose staff meet the requirements of rules
adopted under section 3301.53 of the Revised Code or those of the
child development associate credential established by the
national
association for the education of young children.
(D) A contract entered into under division (C) of this
section may provide for the board of education to lease school
facilities to the preschool provider or to furnish
transportation,
utilities, or staff for the preschool program.
(E) The treasurer of any board of education operating a
preschool program pursuant to this section shall keep an account
of all funds used to operate the program in the same manner as he
the treasurer would any other funds of the district pursuant to
this chapter.
Sec. 3313.66. (A) Except as provided under division
(B)(2)
of this section, the superintendent of schools of a
city, exempted
village, or local school district, or the
principal of a public
school may suspend a pupil from school for
not more than ten
school days. The board of
education of a city, exempted village,
or local school district
may adopt a policy granting assistant
principals and other
administrators the authority to suspend a
pupil from school for
a period of time as specified in the policy
of the board of
education, not to exceed ten school days. If at
the time a
suspension is
imposed there are fewer than ten school
days remaining in the
school year in which the incident that gives
rise to the
suspension takes place, the superintendent may apply
any
remaining part or all of the period of the suspension to the
following school year. Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior
to
the suspension such superintendent or principal does both of
the
following:
(1) Gives the pupil written notice of the intention to
suspend the pupil and the reasons for the intended
suspension and,
if
the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a
delinquent
child
for that violation;
(2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain the
pupil's actions.
(B)(1) Except as provided under division (B)(2), (3),
or (4)
of this section, the
superintendent of schools of a city, exempted
village, or local school
district may expel a pupil from school
for a period not to exceed the greater of eighty school days or
the number of school days remaining in the semester or term in
which the incident that gives rise to the expulsion takes place,
unless the expulsion is extended pursuant to division (F) of this
section. If at the time an expulsion is imposed there are fewer
than eighty school days remaining in the school year in which the
incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the period
of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to
section
3313.662 of the Revised Code, the superintendent of
schools of a city,
exempted village, or
local school district
shall expel a pupil from school for a period of one year
for
bringing a firearm to a school operated by the board of education
of the
district or onto any other property owned or
controlled by
the
board, except
that the superintendent may reduce this
requirement on a case-by-case basis in
accordance with the policy
adopted by the board under section 3313.661 of the
Revised Code.
(b) The superintendent of schools of a city, exempted
village, or
local school district may expel a pupil from school
for a period of one year
for bringing a firearm to
an
interscholastic competition, an extracurricular event, or any
other school program or activity
that is not located in a school
or on
property that is owned or controlled by the district. The
superintendent may
reduce this disciplinary action on a
case-by-case basis in accordance with the
policy adopted by the
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of
this
section
shall extend, as necessary, into the
school year
following
the
school year in which the incident that gives rise to the
expulsion
takes
place. As used in this division, "firearm" has
the same
meaning as provided
pursuant to the "Gun-Free Schools Act
of
1994," 108 115 Stat. 270 1762, 20 U.S.C.
8001(a)(2) 7151.
(3) The board of education of
a city, exempted village, or
local school district may adopt a
resolution authorizing the
superintendent of schools to expel a
pupil from school for a
period not to exceed one year for
bringing a knife to a school
operated by the board, onto any
other property owned or controlled
by the board,
or to an interscholastic competition, an
extracurricular event, or any
other program or activity sponsored
by the school district or in which
the district is a participant,
or for possessing a
firearm
or knife at a school, on any other
property owned or
controlled by the board, or at
an
interscholastic competition, an extracurricular event, or any
other school program or activity,
which firearm or knife was
initially brought onto school board property by
another person.
The resolution
may authorize the superintendent to extend such an
expulsion, as
necessary, into the school year following the school
year in
which the incident that gives rise to the expulsion takes
place.
(4) The board of education of
a city, exempted village, or
local school district may adopt a
resolution establishing a policy
under section 3313.661 of the
Revised Code that authorizes the
superintendent of schools
to expel a
pupil from school for a
period not to exceed one year for
committing an act that is a
criminal offense when committed by
an adult and that results in
serious physical harm to persons as
defined in division (A)(5) of
section 2901.01 of the Revised
Code or serious physical harm
to
property as defined in division
(A)(6) of section 2901.01 of
the
Revised
Code while the pupil is at
school, on any other property
owned or controlled by the
board, or at
an interscholastic
competition, an extracurricular event, or any
other school program
or activity. Any
expulsion under this division shall extend,
as
necessary, into the school year following the
school year in which
the incident that gives rise to the
expulsion takes place.
(5) The board of education of any city, exempted village, or
local school
district may adopt a resolution establishing a policy
under section 3313.661
of the Revised Code that authorizes the
superintendent of schools to expel a pupil from
school for a
period not to exceed one year for making a bomb threat to a
school
building or to any premises at which a school activity is
occurring at
the time of the threat. Any expulsion under this
division shall extend, as
necessary, into the school year
following the school year in which the
incident that gives rise to
the expulsion takes place.
(6) No pupil shall be expelled under division (B)(1), (2),
(3), (4), or (5)
of this section unless, prior to the pupil's
expulsion, the
superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or
custodian
written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or the superintendent's designee
to
challenge the reasons for the intended expulsion or otherwise to
explain
the pupil's actions.
The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and the pupil's parent, guardian,
custodian, or
representative to appear before the superintendent
or the
superintendent's designee to challenge the reasons for the
intended
expulsion or
otherwise to explain the pupil's action, and
notification of the
time and place to appear. The time to appear
shall not be
earlier than three nor later than five school days
after the
notice is given, unless the superintendent grants an
extension of
time at the request of the pupil or the pupil's
parent,
guardian, custodian, or representative. If an extension
is
granted after
giving the original notice, the superintendent
shall
notify the
pupil and the pupil's parent, guardian,
custodian, or
representative of
the new time and place to appear.
If the
proposed expulsion is
based on a violation listed in
division (A)
of section 3313.662
of the Revised Code and if the
pupil is
sixteen years of age or
older, the notice shall include a
statement that the
superintendent may seek to permanently exclude
the pupil if the
pupil is convicted of or adjudicated a delinquent
child for that
violation.
(7) A superintendent of schools of a city, exempted
village,
or
local school district shall initiate expulsion proceedings
pursuant to this
section with respect to any pupil who has
committed an act warranting
expulsion under the district's policy
regarding expulsion even if the pupil
has
withdrawn from school
for any reason after the incident that gives rise to the
hearing
but prior to the hearing or decision to impose the expulsion. If,
following the hearing, the pupil would have been expelled for a
period of time
had the pupil still been enrolled in the school,
the expulsion shall be
imposed
for the same length of time as on a
pupil who has not withdrawn from the
school.
(C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular activities or from the school
premises, and a teacher
may remove a pupil from curricular activities under
the teacher's
supervision,
without the notice and hearing requirements of
division (A) or (B) of this
section. As soon as practicable after
making such a removal, the
teacher shall submit in writing to the
principal the reasons for
such removal.
If a pupil is removed under this division from a curricular
activity or from the school premises, written
notice of the
hearing and of the reason for the removal shall be
given to the
pupil as soon as practicable prior to the hearing,
which shall be
held within three school days from the time the
initial removal is
ordered. The hearing shall be held in
accordance with division
(A)
of this section unless it is
probable that the pupil may be
subject to expulsion, in which
case a hearing in accordance with
division (B) of this section
shall be held, except that the
hearing shall be held within three
school days of the initial
removal. The individual who ordered,
caused, or requested the
removal to be made shall be present at
the hearing.
If the superintendent or the principal reinstates a pupil
in
a curricular activity under the teacher's
supervision prior to the
hearing following a removal under this
division, the teacher, upon
request, shall be given in writing
the reasons for such
reinstatement.
(D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and
the
treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the
expulsion
or suspension, notification of the right of the pupil
or
the
pupil's parent, guardian, or custodian to appeal the
expulsion
or
suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if
the
suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation.
In accordance with the policy adopted by the board of
education under section 3313.661 of the Revised Code, the notice
provided under this division shall specify the manner and date by
which the pupil or the pupil's parent, guardian, or custodian
shall notify the board of the pupil's, parent's, guardian's, or
custodian's intent to appeal the expulsion or suspension to the
board or its designee.
Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and the pupil's parent, guardian, or custodian with
information
about services or programs offered by public and
private agencies
that work toward improving those aspects of the
pupil's attitudes
and behavior that contributed to the incident
that gave rise to
the pupil's expulsion. The information shall
include the names,
addresses, and phone numbers of the appropriate
public and
private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian
may
appeal the pupil's expulsion by a superintendent
or suspension
by
a
superintendent,
principal, assistant principal, or other
administrator to the
board of education or to its designee. If the
pupil or the pupil's parent, guardian, or custodian intends to
appeal the expulsion or suspension to the board or its designee,
the pupil or the pupil's parent, guardian, or custodian shall
notify the board in the manner and by the date specified in the
notice provided under division (D) of this section. The
pupil or
the pupil's parent, guardian, or custodian may be
represented in
all appeal proceedings and shall be granted a
hearing before the
board or its designee in order to be heard
against the suspension
or expulsion. At the request of the pupil
or of the pupil's
parent, guardian, custodian, or attorney, the
board or its
designee may
hold the hearing in executive session
but shall act
upon the
suspension or expulsion only at a public
meeting. The
board, by
a majority vote of its full membership or
by the action
of its
designee, may affirm the order of suspension
or expulsion,
reinstate the pupil, or otherwise reverse, vacate,
or modify the
order of suspension or expulsion.
The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code.
This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular activity
for a period of less
than one school day and is not subject to
suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was
sixteen
years of age or older at the time of
committing the violation, if
a complaint, indictment, or information is filed alleging that the
pupil is a delinquent child based upon the
commission of the
violation or the pupil is prosecuted as an
adult
for the
commission of the violation, and if the resultant
juvenile
court
or criminal proceeding is pending at the time that
the
expulsion
terminates, the superintendent of schools that
expelled
the pupil
may file a motion with the court in which the
proceeding
is
pending requesting an order extending the expulsion
for the
lesser
of an additional eighty days or the number of
school days
remaining in the school year. Upon the filing of the
motion, the
court immediately shall schedule a hearing and give
written notice
of the time, date, and location of the hearing to
the
superintendent and to the pupil and the pupil's parent,
guardian,
or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil
committed
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of
section
3313.662 of the Revised Code for an act that was
committed when
the child was sixteen years of age or older, if
the pupil has been
expelled pursuant to division (B) of this
section for that
violation, and if the board of education of the
school district of
the school from which the pupil was
expelled has adopted a
resolution seeking the pupil's
permanent exclusion, the
superintendent may file a motion with the court that
convicted
the
pupil or adjudicated the pupil a delinquent child requesting
an
order to extend the expulsion until an adjudication order or
other
determination regarding permanent exclusion is issued by
the
superintendent of public instruction pursuant to section
3301.121
and division (D) of section 3313.662 of the Revised
Code. Upon
the
filing of the motion, the court immediately shall
schedule a
hearing and give written notice of the time, date, and
location of
the hearing to the superintendent of the school
district, the
pupil, and the pupil's parent, guardian, or
custodian. At the
hearing, the court shall determine whether there is
reasonable
cause to believe the pupil's continued attendance in
the public
school system may endanger the health and safety of
other pupils
or school employees and, upon making that
determination, shall
grant the requested extension.
(G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or
the
validity of a permanent exclusion procedure that is conducted
in
accordance with sections 3301.121 and 3313.662 of the Revised
Code.
(H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education
of
any city, exempted village, or local school district, this
section
shall apply to any student, whether or not the student is
enrolled
in the district, attending or otherwise participating in
any
curricular program provided in a school operated by the board
or
provided on any other property owned or controlled by the
board.
(I) Whenever a student is expelled under this section, the
expulsion shall
result in removal of the student from the
student's regular school setting.
However, during the period of
the expulsion, the board of education of the
school district that
expelled the student or any board of education admitting
the
student during that expulsion period may provide educational
services to
the student in an alternative setting.
(J)(1) Notwithstanding
sections 3109.51 to 3109.80,
3313.64,
and 3313.65 of the
Revised
Code, any
school district,
after
offering an opportunity
for a hearing, may temporarily deny
admittance
to any pupil if one
of the following applies:
(a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under
division
(F) of this section, has not expired.
If a pupil is temporarily
denied admission under this
division, the pupil shall be admitted to school in
accordance with
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the
Revised
Code no later than
upon
expiration
of the suspension or
expulsion
period, as
applicable.
(2) Notwithstanding
sections 3109.51 to 3109.80,
3313.64, and
3313.65 of the
Revised Code,
any school district,
after offering
an opportunity
for a hearing, may
temporarily deny
admittance to
any pupil if the
pupil has been expelled or
otherwise removed for
disciplinary
purposes from a public school
in another
state and
the period of
expulsion or removal has not
expired. If a pupil is
temporarily
denied admission under this
division, the pupil shall
be admitted
to school in accordance with
sections 3109.51 to
3109.80, 3313.64, or 3313.65 of the
Revised Code
no later than the
earlier of the following:
(a) Upon expiration of the expulsion or removal period
imposed by
the out-of-state school;
(b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the
out-of-state school,
that is no greater than the period of
expulsion that
the pupil would have received under the policy
adopted by the district under
section 3313.661 of the Revised
Code
had the offense that gave rise to the
expulsion or removal by the
out-of-state school been committed while the pupil
was enrolled in
the district.
(K) As used in this section:
(1) "Permanently exclude"
and "permanent exclusion" have the
same meanings as in section
3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of
the
suspension in a school setting.
Sec. 3313.661. (A) The board of education of each city,
exempted village, and local school district shall adopt a
policy
regarding suspension, expulsion, removal, and permanent
exclusion
that specifies the types of misconduct for which a
pupil may be
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned or
controlled
by the district but that is connected to activities or
incidents
that have occurred on property owned or controlled by
that
district and misconduct by a pupil that, regardless of where
it occurs, is
directed at a district official or employee, or the
property of such official
or employee. The policy shall specify
the
reasons for which the superintendent of the district may
reduce the expulsion
requirement in division (B)(2) of section
3313.66 of the Revised Code. If a
board
of education adopts a
resolution pursuant to division
(B)(3) of section 3313.66 of the
Revised Code, the
policy shall define the term "knife" or
"firearm," as
applicable, for purposes of expulsion under that
resolution and shall specify any reasons for which the
superintendent of the
district may reduce any required expulsion
period on a case-by-case
basis. If a board of education adopts a
resolution pursuant to division
(B)(4) or (5) of section 3313.66
of the Revised Code, the
policy shall specify any reasons for
which the superintendent of the district
may reduce any required
expulsion period on a case-by-case
basis. The policy also
shall
set forth the acts listed in section 3313.662 of the
Revised Code
for which a pupil may be permanently excluded.
The policy adopted under this division shall specify the date
and manner by which a pupil or a pupil's parent, guardian, or
custodian may notify the board of the pupil's, parent's,
guardian's, or custodian's intent to appeal an expulsion or
suspension to the board or its designee pursuant to division (E)
of section 3313.66 of the Revised Code. In the case of any
expulsion, the policy shall not specify a date that is less than
fourteen days after the date of the notice provided to the pupil
or the pupil's parent, guardian, or custodian under division (D)
of that section.
A copy of the policy shall be posted in a central location in
the
school and made available to pupils upon request. No pupil
shall
be suspended, expelled, or removed except in accordance with
the
policy adopted by the board of education of the school
district
in which the pupil attends school, and no pupil shall be
permanently excluded except in accordance with sections 3301.121
and 3313.662 of the Revised Code.
(B) A board of education may establish a program and adopt
guidelines under which a superintendent may require a pupil to
perform community service in conjunction with a
suspension or
expulsion imposed under section 3313.66 of the
Revised Code or in
place of a suspension or expulsion imposed under section
3313.66
of the Revised Code except for an
expulsion imposed pursuant to
division
(B)(2) of that section. If a board adopts guidelines
under this
division,
they shall permit, except with regard to an
expulsion pursuant to
division (B)(2) of section 3313.66 of the
Revised Code, a superintendent
to impose a community service
requirement beyond the end of the school year in lieu of applying
the suspension or expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under
this section.
(C) The written policy of each board of education that is
adopted pursuant to section 3313.20 of the Revised Code shall be
posted in a central location in each school that is subject to
the
policy and shall be made available to pupils upon request.
(D) Any policy, program, or guideline adopted by a board
of
education under this section with regard to suspensions or
expulsions pursuant to division (A) or (B) of section
3313.66 of
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise
participating in any curricular program provided in a school
operated by the board or provided on any other property owned or
controlled by the board.
(E) As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
Sec. 3313.82. (A)(1) The boards of education of two or more
city, local, or exempted village school districts each having a
majority of its territory in a county with a population greater
than one million two hundred thousand, by adopting identical
resolutions, may enter into an agreement providing for the
creation of a student special services district for the purpose of
funding the following for students enrolled in those school
districts, including students diagnosed as autistic and students
with special needs, and their immediate family members:
(a) Special education services;
(b) Behavioral health services for persons with special
needs.
If more than eight boards of education adopt resolutions to
form a student special services district, the boards may meet at
facilities of the educational service center of the county to
discuss membership in the district.
(2) The territory of a student special services district at
any time shall be composed of the combined territories of the
school districts that are parties to the agreement at that time.
Services funded by a student special services district shall be
available to all individuals enrolled in a school district that is
a part of the student special services district and members of
their immediate family.
(3) The agreement may be amended pursuant to terms and
procedures mutually agreed to by the boards of education that are
parties to the agreement.
(B) Each student special services district shall be governed
by a board of directors. The superintendent of each board of
education that is a party to the agreement shall serve on the
board of directors. The agreement shall provide for the terms of
office of directors. Directors shall receive no compensation, but
shall be reimbursed, from the special fund of the student special
services district, for the reasonable and necessary expenses they
incur in the performance of their duties for the district. The
agreement shall provide for the conduct of the board's initial
organizational meeting and for the frequency of subsequent
meetings and quorum requirements. At its first meeting, the board
shall designate from among its members a president and secretary
in the manner provided in the agreement.
The board of directors of a student special services district
is a body corporate and politic, is capable of suing and being
sued, is capable of contracting within the limits of this section
and the agreement governing the district, and is capable of
accepting gifts, donations, bequests, or other grants of money for
use in paying its expenses. The district is a public office and
its directors are public officials within the meaning of section
117.01 of the Revised Code, the board of directors is a public
body within the meaning of section 121.22 of the Revised Code, and
records of the board and of the district are public records within
the meaning of section 149.43 of the Revised Code.
The agreement shall require the board to designate a
permanent location for its offices and meeting place, and may
provide for the use of such facilities and property for the
provision of services by the agencies with which the board
contracts under division (C) of this section.
(C)(1) To provide the services identified in division (A)(1)
of this section, the board of directors of a student special
services district shall provide for the hiring of employees or
shall contract with one or more entities. Except as provided in
division (C)(2) of this section, any entity with which the board
of directors contracts to provide the services identified in
division (A)(1)(b) of this section shall be a qualified nonprofit,
nationally
accredited agency to which all of the following apply:
(a) The agency is licensed or certified by the departments of
mental health, job and family services, and alcohol and drug
addiction services.
(b) The agency is chartered by the department of education
and provides services to persons diagnosed with autism.
(c) The agency
provides school-based behavioral health
services.
(2) The board of directors may contract with an entity that
does not meet the conditions stated in division (C)(1) of this
section if the services to be provided by the entity are only
incidental to the services identified in division (A)(1)(b) of
this section.
(3) The board of directors may levy a tax throughout the
district as provided in section 5705.219 of the Revised Code. The
board of directors shall provide for the creation of a special
fund to hold the proceeds of any tax levied under section 5705.219
of the Revised Code and any gifts, donations, bequests, or other
grants of money coming into the possession of the district. A
student special services district is a subdivision, and the board
of directors is a governing body, within the meaning of section
135.01 of the Revised Code. The board of directors may not issue
securities or otherwise incur indebtedness.
(4) The adoption or rejection by electors of a tax levy to
fund a student special services district pursuant to section
5705.219 of the Revised Code does not alter the duty of each
school district member of the student special services district to
provide special education and related services as required under
Chapter 3323. of the Revised Code. On the expiration of a student
special services district levy, the state, member school districts
of the student special services district, and any other
governmental entity shall not be obligated to provide replacement
funding for the revenues under the expired levy. The tax levy, in
whole or in part, shall not be considered a levy for current
operating expenses pursuant to division (A) of section 3317.01 of
the Revised Code for any of the school districts that are members
of the student special services district.
(D)(1) The agreement shall provide for the manner of
appointing an individual or entity to perform the duties of fiscal
officer of the student special services district. The agreement
shall specify the length of time the individual or entity shall
perform those duties and whether the individual or entity may be
reappointed upon the completion of a term. The fiscal officer may
receive compensation for performing the duties of the position and
be reimbursed for reasonable expenses of performing those duties
from the student special services district's special fund.
(2) The legal advisor of the board of directors of a student
special services district shall be the prosecuting attorney of the
most populous county containing a school district that is a member
of the student special services district. The prosecuting attorney
shall prosecute all actions against a member of the board of
directors for malfeasance or misfeasance in office and shall be
the legal counsel for the board and its members in all other
actions brought by or against them and shall conduct those actions
in the prosecuting attorney's official capacity. No compensation
in addition to the prosecuting attorney's regular salary shall be
allowed.
(E) The board of directors of a student special services
district shall procure a policy or policies of insurance insuring
the board, the fiscal officer, and the legal representative
against liability on account of damage or injury to persons and
property. Before procuring such insurance the board shall adopt a
resolution setting forth the amount of insurance to be purchased,
the necessity of the insurance, and a statement of its estimated
premium cost. Insurance procured pursuant to this section shall be
from one or more recognized insurance companies authorized to do
business in this state. The cost of the insurance shall be paid
from the district's special fund.
A student special services district is a political
subdivision within the meaning of section 2744.01 of the Revised
Code.
(F)(1) The board of education of a school district having a
majority of its territory in the county may join an existing
student special services district by adopting a resolution
requesting to join as a party to the agreement and upon approval
by the boards of education that currently are parties to the
agreement. If a tax is levied in the student special services
district under section 5705.219 of the Revised Code, a board of
education may join the district only after a majority of qualified
electors in the school district voting on the question vote in
favor of levying the tax throughout the school district. A board
of education joining an existing district shall have the same
powers, rights, and obligations under the agreement as other
boards of education that are parties to the agreement.
(2) A board of education that is a party to an agreement
under this section may withdraw the school district from a student
special services district by adopting a resolution. The withdrawal
shall take effect on the date provided in the resolution. If a tax
is levied in the student special services district under section
5705.219 of the Revised Code, the resolution shall take effect not
later than the first day of January following adoption of the
resolution. Beginning with the first day of January following
adoption of the resolution, any tax levied under section 5705.219
of the Revised Code shall not be levied within the territory of
the withdrawing school district. Any collection of tax levied in
the territory of the withdrawing school district under that
section that has not been settled and distributed when the
resolution takes effect shall be credited to the district's
special fund.
(G) An agreement entered into under this section shall
provide for the manner of the student special services district's
dissolution. The district shall cease to exist when not more than
one school district remains in the district, and the levy of any
tax under section 5705.219 of the Revised Code shall not be
extended on the tax lists in any tax year beginning after the
dissolution of the district. The agreement shall provide that,
upon dissolution of the district, any unexpended balance in the
district's special fund shall be divided among the school
districts that are parties to the agreement immediately before
dissolution in proportion to the taxable valuation of taxable
property in the districts, and credited to their respective
general funds.
Sec. 3313.841. The boards of education and governing boards
of two or more
city, local, joint vocational, or exempted village
school
districts or educational service centers may contract in
accordance with the
terms of this
section for the sharing on a
cooperative basis of the services of
supervisory teachers, special
instruction teachers, special
education teachers, and other
licensed personnel necessary to
conduct approved cooperative
classes for special education and related
services
and gifted
education.
The boards of two or more districts or service centers
desiring
to enroll students in such classes shall each adopt
resolutions
indicating such desire and designating one of the
participating
districts or service centers as the funding agent
for purposes of this
section. The
district or service center
designated as the funding agent shall enter into an
employment
contract with each licensed teacher
whose services
are to be
shared among the participating districts and service centers. In
turn, the funding agent shall enter into contracts with each of
the
districts and service centers which have adopted resolutions
agreeing to
participate
in the cooperative program upon terms
agreed to by all parties to
such contract. Such contracts between
districts and service centers shall set
forth the services to be
provided by the licensed teacher
employed by the funding agent
whose services are to be shared by the
participating districts and
service centers and the basis for computing the
amounts to be paid
for such services to the funding agent by the
participating
districts and service centers.
For purposes of division (B) of
section
3317.05 of the
Revised Code, the funding agent shall count all
pupils enrolled in
cooperative programs for handicapped pupils with disabilities as
pupils enrolled in such programs in the funding agent district.
Upon receipt
of payment for such programs, the funding agent
district shall credit the account of districts participating in
the cooperative program for the amounts due under contracts
entered into under the terms of this section in proportion to the
number of resident students enrolled in the cooperative program
from each participating district and service center.
In determining the terms of the contract entered into by
the
funding agent district or service center and the participating
districts
and service centers, the
superintendent of schools of
each participating board of
education and governing board shall
serve as a committee which shall
recommend such terms to such
boards.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to
either
of the following:
(1) Any cooperative education school district;
(2) Any city or exempted village school district with
a total
student count of thirteen
thousand or more determined pursuant to
section 3317.03 of the Revised
Code
that has not entered into one
or more agreements pursuant to this
section prior to July 1, 1993,
unless the district's total student count
did not exceed thirteen
thousand at
the time it entered into an
initial agreement under
this section.
(B) The board of education of a city or exempted village
school
district and the governing board of an educational service
center
may enter into an agreement,
through adoption of identical
resolutions, under which the
educational service center governing
board will provide services to the city or exempted village
school
district.
Services provided under the agreement shall be specified in
the agreement, and may include any one or a combination of the
following: supervisory teachers; in-service and continuing
education programs for city or exempted village school district
personnel; curriculum services as provided to the local school
districts under the supervision of the service center governing
board; research and
development programs; academic instruction for
which the
governing
board employs teachers pursuant to section
3319.02 of the Revised
Code; and assistance in the provision of
special accommodations
and classes for handicapped students with
disabilities. Services included in the
agreement shall be provided
to the city or exempted village
district in the same manner they
are provided to local school
districts under the governing board's
supervision, unless
otherwise
specified in the agreement. The city
or exempted village board
of education shall reimburse the
educational service center
governing board
pursuant to section
3317.11 of the Revised Code.
(C) If an educational service center received funding under
division
(B) of former section 3317.11 or division (F) of section
3317.11 of the Revised Code for an agreement under this section
involving a city school district whose
total student count was
less than
thirteen thousand, the service center may continue to
receive funding under
that division for such an agreement in any
subsequent year if the city
district's total student count exceeds
thirteen thousand. However, only
the first thirteen thousand
pupils in the
formula ADM of such
district shall be included in
determining the amount of the per pupil subsidy
the service center
shall receive under division (F) of section
3317.11 of the Revised
Code.
(D) Any agreement entered into pursuant to this section shall
be valid only if a copy is filed with the department of education
by the first day of the school year for which the agreement is in
effect.
Sec. 3313.97. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative
education school district.
(A) As used in this section:
(1) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(2) "Alternative school" means a school building other
than
the one to which a student is assigned by the district
superintendent.
(3) "IEP" means an individualized education program
defined
by division (E) of has the same meaning as in section 3323.01 of
the Revised Code.
(B) The board of education of each city, local, and
exempted
village school district shall adopt an open enrollment
policy
allowing students entitled to attend school in the
district
pursuant to section 3313.64 or 3313.65 of the Revised
Code to
enroll in an alternative school. Each policy shall provide for
the
following:
(1) Application procedures, including deadlines for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted.
The policy shall require a student to apply only if the
student
wishes to attend an alternative school.
(2) The establishment of district capacity limits by grade
level, school building, and education program;
(3) A requirement that students enrolled in a school
building
or living in any attendance area of the school building
established by the superintendent or board be given preference
over applicants;
(4) Procedures to ensure that an appropriate racial
balance
is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting applicants to alternative
schools shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping disabling conditions, except that a board may require
a
student receiving services under Chapter 3323. of the Revised
Code to attend school where the services described in the
student's IEP are available;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been
subject to disciplinary proceedings, except that if an
applicant
has been suspended or expelled for ten consecutive days
or more in
the term for which admission is sought or in the term
immediately
preceding the term for which admission is sought, the
procedures
may include a provision denying admission of such
applicant to an
alternative school.
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and
except as provided in division (D)(2) of this section, a
district
board is not required to provide transportation to a
nonhandicapped nondisabled student enrolled in an alternative
school unless
such student can be picked up and dropped off at a
regular school
bus stop designated in accordance with the board's
transportation
policy or unless the board is required to provide
additional
transportation to the student in accordance with a
court-approved
desegregation plan.
(2) A district board shall provide transportation to any
student enrolled in an alternative school pursuant to division (E)
of section 3302.04 of the Revised Code to the extent required by
that division, except that no district board shall be required to
provide transportation to any student enrolled in an alternative
school pursuant to division (E) of section 3302.04 of the Revised
Code after the date the school in which the student was enrolled
immediately prior to enrolling in the alternative school ceases to
be subject to that division.
(E) Each school board shall provide information about the
policy adopted under this section and the application procedures
and deadlines to the parent of each student in the district and
to
the general public.
(F) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies.
Sec. 3313.974. As used in this section and in
sections
3313.975 to 3313.979 of the Revised
Code:
(A) "Individualized education
program" and "handicapped child
with a disability" have the same
meanings as in section 3323.01 of
the Revised
Code.
(B) "Mainstreamed handicapped
student with a disability"
means a handicapped child with a disability who has an
individualized
education program providing for the student to
spend more than
half of each school day in a regular school
setting with
nonhandicapped nondisabled students.
(C) "Separately educated handicapped
student with a
disability" means a handicapped child with a disability who has an
individualized
education program providing for the student to
spend at least
half of each school day in a class or setting
separated from
nonhandicapped nondisabled students.
(D) "Low-income family" means a family whose income is
below
the level which the superintendent of public instruction shall
establish.
(E) "Parent" has the same meaning as
in section 3313.98 of
the Revised Code.
(F) "Registered private school" means
a school registered
with the superintendent of public instruction pursuant
to section
3313.976 of the Revised Code.
(G) "Alternative school" means a
registered private school
located in a school district or a
public school located in an
adjacent school district.
(H) "Tutorial assistance" means
instructional services
provided to a student outside of regular
school hours approved by
the commission on school choice pursuant
to section
3313.976 of
the Revised Code.
Sec. 3313.977. (A)(1) Each registered private
school shall
admit students to kindergarten and first, second, and third
grades
in accordance with the following priorities:
(a) Students who were enrolled in the school during the
preceding year;
(b) Siblings of students enrolled in the school during
the
preceding year, at the discretion of the school;
(c) Children from low-income families attending school
or
residing in the school district in which the school is located
until the number of such students in each grade equals the number
that
constituted twenty per
cent of the total number of students
enrolled in the school
during the preceding year in such grade.
Admission of such
twenty per cent shall be by lot from among all
low-income family
applicants who apply prior to the fifteenth day
of February
prior to admission.
(d) All other applicants residing anywhere, provided
that all
remaining available spaces shall be filled from among
such
applicants by lot.
Children from low-income families not selected by lot
under
division (A)(1)(c) of this section shall be
included
in the
lottery of all remaining applicants pursuant to division
(A)(1)(d)
of this section.
(2) Each registered private school shall first admit to
grades four
through twelve students who were enrolled in the
school during the preceding
year. Any remaining spaces for
students in these grades may be filled as
determined by the
school.
(B) Notwithstanding division (A) of
this section, except
where otherwise prohibited by federal law, a
registered private
school may elect to admit students of only one gender
and may deny
admission to any separately educated handicapped
student with a
disability.
(C) If a scholarship student who has been accepted in
accordance
with this section fails to enroll in the school for any
reason or
withdraws from the school during the school year for any
reason,
the school may elect to replace such student with another
scholarship student
only by first
offering the admission to any
low-income scholarship students who filed
applications
by the
preceding fifteenth day of February and who were not
accepted at
that time due to space limitations.
Sec. 3313.978. (A) Annually by the first day of
November,
the superintendent of public instruction shall notify the
pilot
project school district of the number of initial
scholarships that
the state superintendent will be awarding in
each of grades
kindergarten through eight.
The state superintendent shall provide information about the
scholarship program
to all students residing in the district,
shall accept
applications from any
such students until such date
as shall be established by the
state superintendent as a
deadline
for applications, and shall establish criteria for the selection
of
students to receive
scholarships from among all those applying
prior to the
deadline, which criteria shall give preference to
students from
low-income families. For each student selected, the
state superintendent
shall also determine whether the student
qualifies for seventy-five or ninety
per cent of the scholarship
amount. Students whose family income is at or
above two hundred
per cent of the maximum income level established by the
state
superintendent for low-income families shall qualify for
seventy-five
per cent of
the scholarship amount and students whose
family income is below two hundred
per cent of that maximum income
level shall qualify for ninety per cent of the
scholarship amount.
The state superintendent shall notify
students of their selection
prior to the fifteenth day of January and
whether they qualify for
seventy-five or ninety per cent of the scholarship
amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative
public school by notifying the
district superintendent, at any time before the beginning of the
school year,
of the name of the public school in an adjacent
school district
to which the student has been
accepted pursuant to
section 3327.06 of the Revised
Code.
(2) A student may decide to utilize a pilot project
scholarship at
a registered private school in the district if all
of the
following conditions are met:
(a) By the fifteenth day of February of the
preceding school
year, or at any time prior to the start of the
school year, the
parent makes an application on behalf of the
student to a
registered private school.
(b) The registered private school notifies the
parent and
the
state superintendent as follows that the
student has been
admitted:
(i) By the fifteenth day of March of
the preceding school
year if the student filed an application by the
fifteenth day of
February and was admitted by the school
pursuant to division (A)
of section 3313.977 of the
Revised Code;
(ii) Within one week of the decision to admit
the student if
the student is admitted pursuant to division
(C) of section
3313.977 of the
Revised Code.
(c) The student actually enrolls in the
registered private
school to which the student was first admitted or in
another
registered private school in the district or in a public school
in
an adjacent school district.
(B) The state superintendent shall also award in
any school
year tutorial assistance grants to a number of
students
equal to
the number of students who receive scholarships under
division (A)
of this section. Tutorial assistance
grants shall be awarded
solely to students who are enrolled
in the public schools of the
district in a grade level covered by
the
pilot project. Tutorial
assistance
grants may be used solely to obtain
tutorial assistance
from a provider approved pursuant to division
(D) of section
3313.976 of the Revised
Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the
first
day of
the school year in which the
assistance will be used. The
state superintendent shall
award assistance grants in accordance
with criteria the superintendent shall
establish. For each
student
awarded a grant, the state superintendent shall
also
determine
whether the student qualifies for seventy-five
or ninety
per cent
of the grant amount and so notify the student. Students
whose
family income is at or above two hundred per cent of the
maximum
income
level established by the state superintendent for
low-income families shall
qualify for
seventy-five per cent of the
grant amount and students whose family income is
below two hundred
per cent of that maximum income level shall qualify for
ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships for students in
grades kindergarten through eight, the
scholarship
amount shall
not exceed the lesser of the tuition
charges of the
alternative
school the scholarship recipient
attends or
three thousand
dollars before fiscal year 2007 and three thousand four hundred
fifty dollars in fiscal year 2007 and thereafter.
In the case of basic scholarships for students in grades nine
through twelve, the scholarship amount shall not exceed the lesser
of the tuition charges of the alternative school the scholarship
recipient attends or two thousand seven hundred dollars before
fiscal year 2007 and three thousand four hundred fifty dollars in
fiscal year 2007 and thereafter.
(2) The state superintendent shall provide for an increase
in
the basic
scholarship amount in the case of any student who is
a
mainstreamed handicapped student with a disability and shall
further increase such
amount in the case of any separately
educated handicapped child student with a disability.
Such
increases shall take into account the instruction, related
services, and transportation costs of educating such students.
(3) In the case of tutorial
assistance grants, the grant
amount shall not exceed the
lesser of the provider's actual
charges for such assistance or:
(a) Before fiscal year 2007, a
percentage established by the
state superintendent, not to exceed twenty
per cent, of the amount
of the pilot project school district's
average basic scholarship
amount;
(b) In fiscal year 2007 and thereafter, four hundred dollars.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such
scholarship or grant pursuant to division
(C)(1), (2), or (3) of this
section will be furnished by a
political subdivision, a private
nonprofit or for profit entity,
or another person. Only
seventy-five or ninety per cent of such
amounts, as applicable, shall be paid
from state funds pursuant to
section 3313.979 of the Revised
Code.
(D)(1) Annually by the first day of
November, the state
superintendent shall estimate the maximum
per-pupil
scholarship
amounts for the ensuing school year. The state
superintendent
shall make this estimate available to the
general
public at the
offices of the district board of education together
with the
forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of
January, the chief
administrator of each registered
private school located in the
pilot project district and the
principal of each public school in
such
district shall complete a parental information form and
forward
it to the president of the board of education. The
parental
information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts,
achievement
test results, and any sectarian or other
organizational
affiliations.
Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983
of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents
of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of
the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(b) When a court has granted temporary or permanent
custody
of the student to an individual or agency other than
either of the
natural or adoptive parents of the student,
"parent" means the
legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school
in a
district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village,
or
local school district having territory that abuts the
territory of
a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means
an
adjacent district student who enrolls in a city, exempted
village,
or local school district pursuant to this section and
who also
enrolls in a joint vocational school district that does
not
contain the territory of the district for which that student
is a
native student and does contain the territory of the city,
exempted village, or local district in which the student enrolls.
(6) "Formula amount" has the same meaning as in section
3317.02
of the Revised Code.
(7) "Adjusted formula amount" means the greater of the
following:
(a) The fiscal year 2005 formula
amount multiplied by the
fiscal year 2005
cost-of-doing-business factor for a
district
defined in the version of section 3317.02 of the
Revised Code in
effect that year;
(b) The sum of (the current formula amount times the current
cost-of-doing-business factor as defined in section 3317.02 of the
Revised Code) plus the per pupil amount of the base funding
supplements specified in divisions (C)(1) to (4) of section
3317.012 of the Revised Code.
(8) "Poverty line" means the poverty line established by
the
director of the United States office of management and budget
as
revised by the director of the office of community services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(9) "IEP" means an individualized education
program
defined
by division (E) of has the same meaning as in section 3323.01 of
the Revised Code.
(10) "Other district" means a city,
exempted village, or
local school district having territory
outside of the territory of
a district adopting a resolution
under this section.
(11) "Other district student" means a student entitled
under
section 3313.64 or 3313.65 of the Revised Code to attend school in
an
other district.
(12) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school
district that does not contain the territory of the
district for
which that student is a native student in
accordance with a policy
adopted under section 3313.983 of the
Revised Code.
(B)(1) The board of education of each city, local, and
exempted village school district shall adopt a resolution
establishing for the school district one of the following
policies:
(a) A policy that entirely
prohibits the enrollment of
students from adjacent districts or
other districts, other than
students for whom
tuition is
paid in accordance with section
3317.08 of the Revised Code;
(b) A policy that permits
enrollment of students from all
adjacent
districts in accordance with policy statements contained
in
the resolution;
(c) A policy that permits enrollment of
students from all
other districts in accordance with policy
statements contained in
the resolution.
(2) A policy permitting enrollment of students from adjacent
or from other districts, as applicable, shall
provide for all of
the following:
(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of
the applicable district whenever an adjacent or
other
district student's application is
approved.
(b) Procedures for admitting adjacent or other district
applicants free of
any tuition obligation to the district's
schools,
including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or
other district students previously
enrolled in the district shall
receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance
is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions disability, except that a board may refuse
to admit
a student receiving services under Chapter
3323. of the
Revised Code, if the services described in the
student's IEP are
not available in the district's schools;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been
subject to disciplinary proceedings, except that if an
applicant
has been suspended or expelled by the
student's district
for ten
consecutive days or more in the term for which admission
is sought
or in the term immediately preceding the term for which
admission
is sought, the procedures may include a provision
denying
admission of such applicant.
(D)(1) Each school board permitting only enrollment of
adjacent
district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district
students shall provide information about the policy
adopted under
this section, including the application procedures
and deadlines,
upon request, to the board of education of any
other school
district or to the parent of any student
anywhere in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging
or prohibiting its native students from applying to
enroll in the
schools of an adjacent or any other district that has
adopted a
policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native
student in an adjacent or other district in order to maintain an
appropriate racial balance.
(b) The board of education of a district receiving funds
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,
may adopt a resolution objecting to the enrollment of its native
students in adjacent or other districts if at least ten per cent
of
its students are included in the determination of the United
States secretary
of education made under section 20 U.S.C.A.
238(a).
(2) If a board objects to enrollment of native students
under
this division, any adjacent or other district shall refuse to
enroll
such native students unless tuition is paid for the
students in
accordance with section 3317.08 of the Revised Code.
An adjacent
or other district enrolling such students may not
receive funding for
those students in accordance with section
3313.981 of the Revised
Code.
(G) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies. The board may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If
the state board adopts such
rules, no
school board shall adopt a policy that conflicts with
those
rules.
(H) A resolution adopted by a board of education under
this
section that entirely prohibits the enrollment of students
from
adjacent and from other school districts does not abrogate any
agreement
entered into under section 3313.841 or 3313.92 of the
Revised
Code or any contract entered into under section 3313.90 of
the
Revised Code between the board of education adopting the
resolution and the board of education of any adjacent or other
district or prohibit these boards of education from entering into
any such
agreement or contract.
(I) Nothing in this section shall be construed to permit
or
require the board of education of a city, exempted village, or
local school district to exclude any native student of the
district from enrolling in the district.
Sec. 3313.983. (A) The board of education of each joint
vocational school district shall adopt a policy pertaining to
enrollment of students who, upon enrollment, will be adjacent
district joint vocational students except that, in lieu of
such a
policy, a board may adopt a policy pertaining to enrollment of
students
who, upon enrollment, will be other district joint
vocational students. Any
such policy to enroll other district
joint vocational students
shall
apply
beginning with the school
year that commences July 1,
1998.
A policy adopted under this section shall provide for all of
the
following:
(1) Application procedures, including procedures for
notifying any future adjacent district or other district joint
vocational
students, as applicable,
and the superintendent of the
city, exempted village, or local
school districts in which they
are also enrolled whenever their
applications are approved;
(2) Procedures for admitting to the district applicants
who
will be, as applicable, adjacent district or
other district joint
vocational students,
including, but not limited to:
(a) The establishment of district capacity limits by grade
level, school building, and education program;
(b) A requirement that all students entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in a
district that has territory in the joint vocational school
district will be enrolled in the district ahead of any adjacent
district or
other district joint
vocational students;
(c) A requirement that any previously enrolled adjacent
district or
other
district joint vocational student, as
applicable, shall
receive preference over
first-time applicants to
become adjacent district or other district
joint
vocational
students.
(B) The procedures for admitting students who will be, as
applicable, adjacent district or other district joint
vocational
students shall not
include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions disability, except that a board may refuse
to admit
an applicant receiving services under Chapter 3323. of
the
Revised Code if the services described in the student's IEP
are
not available in the district;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been
subject to disciplinary proceedings, except that if an
applicant
has been suspended or expelled by any school district
for ten
consecutive days or more in the term for which admission
is sought
or in the term immediately preceding the term for which
admission
is sought, the procedures may include a provision
denying
admission of such applicant.
(C) The board of education of each joint vocational school
district shall provide information about the policy it adopts
under this section, including the application procedures, to the
superintendent and the board of education of each city, exempted
village, and local school district with territory in the district
and, upon request, to the parent of any student who could become,
as
applicable, an adjacent district or other district joint
vocational student of the
district.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to
the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No entity listed in division (C)(1) of section
3314.02
of the Revised Code shall enter into a preliminary
agreement under
division (C)(2) of section 3314.02 of the Revised
Code until it
has received approval from the department of
education to sponsor
community schools under this chapter and has
entered into a
written agreement with the department regarding the
manner in
which the entity will conduct such sponsorship. The
department
shall adopt in accordance with Chapter 119. of the
Revised Code
rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. The rules also shall require
entities approved as sponsors on and after June 30, 2005, to
demonstrate a record of financial responsibility and successful
implementation of educational programs. If an entity seeking
approval on or after June 30, 2005, to sponsor community schools
in this state sponsors or operates schools in another state, at
least one of the schools sponsored or operated by the entity must
be comparable to or better than the performance of Ohio schools in
a state of academic watch need of continuous improvement under
section 3302.03 of the Revised Code, as determined by the
department.
An entity that sponsors community schools may
enter into
preliminary agreements and sponsor schools as follows, provided
each school and the contract for
sponsorship meets the
requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were
open for operation as of May 1, 2005, may sponsor not more than
fifty schools.
(b) An entity that sponsored more than fifty but not more
than seventy-five schools that were open for operation as of May
1, 2005, may sponsor not more than the number of schools the
entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than
seventy-five schools that were open for operation as of May 1,
2005, may sponsor not more than the number of schools the entity
sponsored that were open for operation as of May 1, 2005. After
June 30, 2006, such an entity may sponsor not more than
seventy-five schools.
Upon approval of an entity to be a sponsor under this
division, the department shall notify the entity of the number of
schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1) of
this section applies shall be decreased by one for each school
sponsored by the entity that permanently closes.
If at any time an entity exceeds the number of schools it may
sponsor under this division, the department shall assist the
schools in excess of the entity's limit in securing new sponsors.
If a school is unable to secure a new sponsor, the department
shall assume sponsorship of the school in accordance with division
(C) of this section. Those schools for which another sponsor or
the department assumes sponsorship shall be the schools that most
recently entered into contracts with the entity under section
3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board
or designee has confirmed the original finding, the
department of
education may revoke the sponsor's approval to
sponsor
community
schools and may assume the sponsorship of any
schools
with which
the sponsor has contracted until the earlier of
the
expiration of
two school years or until a new sponsor as
described
in division
(C)(1) of section 3314.02 of the Revised
Code is
secured by the
school's governing authority. The
department may
extend the term
of the contract in the case of a
school for which
it has assumed
sponsorship under this division as
necessary to
accommodate the
term of the department's
authorization to sponsor
the school
specified in this division.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. (A) After June 30, 2007, a new start-up
school may be established under this chapter only if the school's
governing authority enters into a contract with an operator that
manages other schools in the United States that perform at a level
higher than academic watch. The governing authority of the
community school may sign a contract with an operator only if the
operator has fewer contracts with the governing authorities of new
start-up schools established under this chapter after June 30,
2007, than the number of schools managed by the operator in the
United States that perform at a level higher than academic watch,
as determined by the department of education.
(B) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by an entity
described in divisions (C)(1)(b) to (f) of section 3314.02 of the
Revised Code may establish one additional school serving the same
grade levels and providing the same educational program as the
current start-up school and may open that additional school in the
2007-2008 school year, if both of the following conditions are
met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
Sec. 3314.017. Notwithstanding division (A) of section
3314.016 of the Revised Code, the governing authority of a
start-up school sponsored by an entity described in divisions
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may
establish one additional start-up school that is located in the
same school district as the current start-up school, regardless of
whether that district is a challenged school district as otherwise
required by division (C)(1) of section 3314.02 of the Revised
Code, and that provides a general educational program to students
in grades kindergarten through six to facilitate their transition
to the current start-up school, and may open the additional
start-up school in the 2008-2009 school year, if both of the
following conditions are met:
(A) The governing authority enters into another contract with
the same sponsor, which is hereby authorized to sponsor the
additional start-up school and to continue that sponsorship as
long as the entity sponsors the current start-up school, and files
a copy of the contract with the superintendent of public
instruction prior to March 15, 2008.
(B) The governing authority's current school satisfies all of
the following conditions:
(1) The school was rated excellent or effective pursuant to
section 3302.03 of the Revised Code for three of the four school
years beginning with the 2002-2003 school year and ending with the
2005-2006 school year.
(2) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for each of the four school
years beginning with the 2002-2003 school year and ending with the
2005-2006 school year.
(3) The school was recognized by the superintendent of public
instruction as a school of promise for three of the four school
years beginning with the 2002-2003 school year and ending with the
2005-2006 school year.
(4) The school has been in operation for at least five school
years.
(5) The school is not managed by an operator.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of
education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand,
as reported pursuant to former division
(A) of section
3317.03 of
the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based
instructional method that
does not rely on regular classroom
instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in
section
3345.011 of the Revised Code
or the board of
trustees
itself
as
long as a mission of the proposed school to be specified
in the
contract under division (A)(2) of section 3314.03 of the
Revised
Code and as approved by the department of education under
division
(B)(2) of section 3314.015 of the Revised Code will be
the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3)
of the Internal Revenue Code as long as all of the
following
conditions are satisfied:
(i) The entity has been in operation for at least five
years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity
described in division (C)(1) of this
section may
enter
into a
preliminary agreement
pursuant
to
division (C)(2) of
this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an
entity described in division (C)(1)
of this section
to
sponsor the
community school. A proposing person or
group that
has such a
preliminary agreement may proceed to
finalize plans for
the
school, establish a governing authority
as described in
division
(E) of this section
for the school, and
negotiate a
contract with
the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in
accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school. Beginning September 29, 2005, adoption of the
contract shall occur not later than the fifteenth day of March,
and signing of the contract shall occur not later than the
fifteenth day of May, prior to the school year in which the school
will open. The governing authority shall notify the department of
education when the contract has been signed. Subject to sections
3314.013 and, 3314.014, 3314.016, and 3314.017 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
.
No person shall serve on the governing authority or
operate
the community school under contract with the governing
authority
so long as the person owes the state any money or is in
a dispute
over whether the person owes the state any money
concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any nonprofit or for-profit operator of
a community school, as defined in section 3314.014 of the Revised
Code, unless at least one year has elapsed since the conclusion of
the person's membership.
(F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract.
(G)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on the effective
date of this amendment, sponsors a community school that is not
located in a county within the territory of the service center or
in a county contiguous to such county may continue to sponsor that
community school on and after the effective date of this amendment
and may renew its contract with the school. However, the
educational service center shall not enter into a contract with
any additional community school unless the school is located in a
county within the territory of the service center or in a county
contiguous to such county.
Sec. 3314.06. The governing authority of each community
school
established under this chapter shall adopt admission
procedures that specify
the following:
(A) That except as otherwise provided in this section,
admission to the
school shall be open to any individual
age
five
to twenty-two
entitled to
attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in
a school district in the
state.
(B)(1) That admission to the school may be limited to
students
who
have attained a specific grade level or are within
a
specific
age group; to students that meet a definition of
"at-risk," as
defined in the contract; to residents of a
specific
geographic
area
within the district,
as defined in the
contract;
or to separate groups of autistic students and nonhandicapped
nondisabled students, as authorized in section 3314.061 of the
Revised Code and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district
in which the school is located or is open to
residents of other districts, as
provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of
students to the school on the basis of race, creed, color,
handicapping
condition disability, or sex
except that:
(a) The
governing
authority may establish single-gender
schools for the
purpose
described in division (G) of this section
provided
comparable facilities and learning opportunities are
offered for
both boys and girls. Such comparable facilities and
opportunities
may be offered for each sex at separate locations.
(b) The governing authority may establish a school that
simultaneously serves a group of students identified as autistic
and a group of students who are not handicapped disabled, as
authorized in section 3314.061 of the Revised Code. However,
unless the total capacity established for the school has been
filled, no student with any handicap disability shall be denied
admission on the basis of that handicap disability.
(2) That upon
admission of any
handicapped student with a
disability, the
community
school will
comply with all
federal and
state laws
regarding the
education of
handicapped
students with
disabilities.
(E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or
aptitude, or
athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
section.
(F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's
programs, classes, grade levels, or
facilities.
(G)
That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division
(B) of
this section or section 3314.061 of the Revised Code, if the
number of applicants exceeds the capacity
restrictions of division
(F) of this section, students
shall be
admitted by lot from all
those submitting applications,
except
preference shall be given to
students attending the
school the
previous year and to students
who reside in the district in
which
the school is located.
Preference may be given to siblings of
students attending the
school the previous year.
Notwithstanding divisions (A)
to (H) of this
section,
in the
event the racial composition of the enrollment of
the
community
school is violative of a federal desegregation
order,
the
community school shall take any and all corrective
measures to
comply with the desegregation order.
Sec. 3314.061. A governing authority may establish a
community school under this chapter that is limited to providing
simultaneously special education and related services to a
specified number of students identified as autistic and regular
educational programs to a specified number of students who are not
handicapped disabled. The contract between the governing authority
and the school's sponsor shall specify the target ratio of number
of autistic students to number of nonhandicapped nondisabled
students in the school's population, the total number of autistic
students that may be enrolled in the school, and the total number
of nonhandicapped nondisabled students that may be enrolled in the
school. A school established in accordance with this section is
subject to division (H) of section 3314.06 of the Revised Code,
except that because the governing authority establishes a separate
capacity for autistic students and nonhandicapped nondisabled
students, if the number of applicants among the group of autistic
students or the group of nonhandicapped students with disabilities
exceeds the capacity restrictions for that group, students shall
be admitted by lot from all those of that same group submitting
applications. However, unless the total capacity established for
the school has been filled, no student with any handicap
disability shall be denied admission on the basis of that handicap
disability.
Sec. 3314.074. Divisions (A) and (B) of this section apply
only to the extent permitted under Chapter 1702. of the Revised
Code.
(A) If any community school established under this
chapter
permanently closes and ceases its operation as a community
school,
the assets of that school shall be distributed first to
the
retirement
funds of employees of the school, employees of the
school, and private creditors who are owed
compensation, and
then
any remaining funds shall be paid to the
state treasury to
the
credit of the general revenue fund department of education for
redistribution to the school districts in which the students who
were enrolled in the school at the time it ceased operation were
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. The amount distributed to each school district shall
be proportional to the district's share of the total enrollment in
the community school.
(B) If a community school closes and ceases to operate as a
community school and the school has received computer hardware or
software from the former Ohio SchoolNet commission or the eTech
Ohio commission, such hardware or
software shall be returned to
the eTech Ohio commission, and the eTech Ohio commission shall
redistribute the hardware and software, to the extent such
redistribution is possible, to school districts in conformance
with the provisions of the programs operated and administered by
the eTech Ohio commission.
(C) If the assets of the school
are insufficient to pay all
persons or entities to whom
compensation is owed, the
prioritization of the distribution of
the assets to individual
persons or entities within each class of
payees may be determined
by decree of a court in accordance with
this section and Chapter
1702. of the Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined has the same meaning as in section 3323.01 of
the Revised
Code.
(4)(3)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a
handicap
disability described
in that
section.
(5)(4)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)(5)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)(6)
A community school student
is "included in the
poverty student count" of a school district if
the student is
entitled to
attend school in the district and the
student's family
receives assistance under the Ohio works first
program.
(8)(7) "Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of
poverty-based assistance a community school is entitled to receive
pursuant to
divisions (D)(5) and
(6) to (9) of this
section in any
year,
as
specified
in the school's financial plan for the year
pursuant to
division
(A)(15) of section 3314.03 of the Revised
Code.
(9)(8)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(10) "SF-3 payment" means the sum of the payments to a school
district in a fiscal year under divisions (A), (C)(1), (C)(4),
(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)
of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after
making the adjustments required by sections 3313.981 and 3313.979,
divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of
section 3317.023, and division (C) of section 3317.20 (9) "State
education aid" has the same meaning as in section 5751.20 of the
Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap disability described in each of
divisions
(A)
to (F)
of section 3317.013
of
the Revised Code;
(d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school;
(e)
Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district;
(f) The number of
enrolled preschool handicapped students
children with disabilities receiving special education
services in
a state-funded unit;
(g) The community
school's base formula amount;
(h) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(i) Any poverty-based assistance reduction factor that
applies to a
school
year.
(C) From the SF-3 payment made to state education aid
calculated for a city, exempted village, or
local
school district
and,
if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code, the
department of
education
shall annually subtract the sum of the
amounts described
in divisions (C)(1) to (9) of this section. However, when
deducting payments on behalf of students enrolled in internet- or
computer-based community schools, the department shall deduct only
those amounts described in divisions (C)(1) and (2) of this
section. Furthermore, the aggregate amount deducted under this
division shall not exceed the sum of the district's SF-3 payment
state education aid and its payment under sections 321.24 and
323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled
in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the greater of the
following:
(a) The fiscal year 2005 base
formula amount
of that
community school
as adjusted by the school
district's fiscal year
2005 cost-of-doing-business factor;
(b) The sum of (the current base formula amount of that
community school times the school district's current
cost-of-doing-business factor) plus the per pupil amount of the
base funding supplements specified in divisions (C)(1) to (4) of
section 3317.012 of the Revised Code.
(2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
disability described in section 3317.013 of
the Revised Code, the
product of
the applicable special education weight
times
the
community
school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap disability described in
section
3317.013 of the
Revised
Code, one-half of the amount
calculated as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's poverty
student
count
is multiplied by the per pupil amount of
poverty-based assistance the school district receives that
year
pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any poverty-based assistance reduction factor
of that
community
school.
If
the district receives
poverty-based
assistance under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's poverty
student count,
as defined
in that section.
If
the
district
receives
poverty-based assistance under division
(C) of section
3317.029 of the Revised
Code, the The
per pupil
amount
of that aid
for the
district
shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
poverty-based assistance reduction factor of the community
school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(6) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(F) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the number of the district's students
enrolled in the community school who are identified as
limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(G) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code is the district's amount per teacher
calculated under division (G)(1) or (2) of that section divided by
17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in
fiscal year 2007.
(8) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under divisions
(H) and (I) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code is the amount calculated
under each division divided by the district's formula ADM, as
defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding
calculated for the school district under either division (C) or
(D) of section 3317.0217 of the Revised Code multiplied by the sum
of the number of students in grades one through twelve, and
one-half of the number of students in kindergarten, who are
entitled to attend school in the district and are enrolled in a
community school as reported under division (B)(1) of this
section.
(D) The department shall annually pay to a community school
established under
this chapter the sum of the amounts described in
divisions (D)(1) to (10) of this section. However, the department
shall calculate and pay to each internet- or computer-based
community school only the amounts described in divisions (D)(1) to
(3) of this section. Furthermore, the sum of the payments to all
community schools under divisions (D)(1), (2), and (4) to (10) of
this section for the students entitled to attend school in any
particular school district shall not exceed the sum of that
district's SF-3 payment state education aid and its payment under
sections 321.24 and 323.156 of the Revised Code. If the sum of the
payments calculated under those divisions for the students
entitled to attend school in a particular school district exceeds
the sum of that district's SF-3 payment state education aid and
its payment under sections 321.24 and 323.156 of the Revised Code,
the department shall calculate and apply a proration factor to the
payments to all community schools under those divisions for the
students entitled to attend school in that district.
(1) Subject to section 3314.085 of the Revised Code, an
amount equal to the sum of the amounts obtained when
the number of
students enrolled in grades one through twelve, plus
one-half of
the kindergarten students in the school,
reported
under
divisions
(B)(2)(a), (b), and (e) of
this
section who
are not
receiving
special education and related services pursuant
to an
IEP for a
handicap disability described in
section
3317.013
of the
Revised
Code
is
multiplied by the greater of the following:
(a) The community school's fiscal year 2005 base formula
amount,
as
adjusted by the fiscal year 2005 cost-of-doing-business
factor of the
school
district in which the student is
entitled to
attend school;
(b) The sum of (the community school's current base formula
amount times the current cost-of-doing-business factor of the
school district in which the student is entitled to attend school)
plus the per pupil amount of the base funding supplements
specified in divisions (C)(1) to (4) of section 3317.012 of the
Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount
calculated under division (D)(2)(a) or (b) of this section, and in
fiscal year 2007 and thereafter, the amount calculated under
division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap disability described in
section
3317.013
of the
Revised
Code, the following amount:
the greater of (the community school's fiscal year 2005
base formula amount X the fiscal year 2005
cost-of-doing-business factor of the district
where the student is entitled to attend school)
or [(the school's current base formula amount times
the current cost-of-doing-business factor of the school district
where the student is entitled to attend school) plus
the per pupil amount of the base funding supplements specified in
divisions (C)(1) to (4) of section 3317.012 of the Revised Code])
+ (the applicable
special education
weight X the
community school's base formula amount);
(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
disability described in
section
3317.013
of the Revised
Code,
one-half
of
the
amount calculated under the formula prescribed in
division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's poverty student count is
multiplied by the per pupil
amount of poverty-based assistance that school district
receives
that year pursuant to
division
(B) or (C) of
section
3317.029 of
the Revised Code, as
adjusted by
any poverty-based assistance
reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any
poverty-based assistance reduction
factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are identified as
limited-English proficient is multiplied by the district's per
pupil amount received under division (F) of section 3317.029 of
the Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under division (G) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code shall be determined as described in
division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under divisions (H) and (I) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school, is multiplied by the sum
of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code shall be determined as
described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of
state parity aid funding calculated under either division (C) or
(D) of section 3317.0217 of the Revised Code is multiplied by the
sum of the number of that district's students enrolled in grades
one through twelve, and one-half of the number of that district's
students enrolled in kindergarten, in the community school as
reported under division (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
disability described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs.
(2) The community school shall only report
under division
(E)(1) of this section, and the department
shall
only pay
for, the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program. Any legal fees, court
costs, or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount.
(F) A community school may apply to the department of
education for
preschool handicapped children with disabilities or
gifted unit funding the
school would receive if it were a school
district. Upon request
of its
governing authority, a community
school that received
unit
funding as a school district-operated
school before it became a
community
school shall retain any units
awarded to it as a school
district-operated
school provided the
school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing. The
proceeds
of the notes
shall be used only for the purposes for
which the
anticipated
receipts may be lawfully expended by the
school.
(b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under
this
division, the department
of
job and family services
shall
determine,
for each school district where one or more
students on
the list is entitled
to attend school,
the
number
of
students
residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section and section
3314.13 of the Revised Code including
initial payments in a school
year and
adjustments and reductions
made in subsequent periodic
payments to
community schools and
corresponding deductions from
school
district accounts as provided
under divisions (C) and (D)
of this
section and section 3314.13 of the Revised Code. For
purposes of this
section and section 3314.13 of the Revised Code:
(1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has
received
documentation of the student's enrollment from a parent
and the student has
commenced participation in learning
opportunities as defined in
the contract with the sponsor, or
thirty days prior to the date on which the student is entered into
the education management information system established under
section 3301.0714 of the Revised Code. For purposes of
applying
this
division and division (L)(3) of this section to a community
school student, "learning
opportunities"
shall be defined in the
contract, which shall
describe both
classroom-based and
non-classroom-based learning
opportunities and
shall be in
compliance with criteria and
documentation
requirements for
student participation which shall
be established
by the
department. Any student's instruction time
in
non-classroom-based
learning opportunities shall be certified
by
an employee of the
community school. A student's enrollment
shall
be considered to
cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A The department shall determine each community school
student's percentage of full-time equivalency shall
be considered
to be based on the percentage the hours of learning
opportunity
offered opportunities offered by the community school to that
student, reported either as number of hours or number of days, is
of nine hundred and twenty
hours the total learning opportunities
offered by the community school to a student who attends for the
school's entire school year. However, no internet- or
computer-based community school shall be credited for any time a
student spends participating in learning opportunities beyond ten
hours within any period of twenty-four consecutive hours. Whether
it reports hours or days of learning opportunities, each community
school shall offer not less than nine hundred twenty hours of
learning opportunities during the school year.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
(N)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student
possesses or
has been provided with all
required hardware and
software
materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The
school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D) of
this
section to any
community
school that
includes
in its program the
provision of
computer
hardware and
software
materials to
any student, if such
hardware
and software
materials
have not been
delivered,
installed, and
activated for
each such
student in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor.
The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
schools.
(O)(1) The department shall
not withhold payments to a
community school based on a challenge
brought by a school
district
concerning the community school's
enrollment and
student residency
reports submitted to the
department without
first providing the
governing authority of the
community school
written notice stating
the specific grounds for
the challenge
and requiring the school
district to submit
evidence supporting
its claim that a particular
student should
not be included in
the community school's
enrollment or that
payment for that
student otherwise should be
denied. The
department also shall
permit the governing authority
to submit
documentation the
governing authority believes confirms
or
corrects its earlier
reports that are subject to challenge. The
school district bears
the burden of proof. The department shall
set a reasonable
deadline for the school district and community
school to submit
documentation regarding the challenge. The
department shall not
withhold payments pending that deadline. The
department
immediately shall dismiss any challenge regarding a
particular
student if the department finds that the school
district has not
timely submitted evidence as required under this
division or
otherwise has not met its burden of proof or that the
documentation submitted by the governing authority confirms or
corrects its earlier reports regarding that student.
(2) If the department finds that the school district has
timely submitted evidence and has met its burden of proof and,
accordingly, that the particular student for which the district
brought the challenge should not be included in the community
school's enrollment or that payment otherwise should be denied for
that student, the department shall withhold payments to the
community school for that student.
If the governing authority of the community school
subsequently submits documentation that the department finds
confirms or corrects the earlier reports regarding that student,
the department shall resume payments to the community school for
that student and, if appropriate, shall include payment for the
prior months that were withheld.
(3) The department shall not withhold any other payments from
a community school without first providing to the governing
authority of the community school written notice stating the
amount to be withheld, reasons for withholding, and offering an
opportunity for a hearing in accordance with division (P)(2) of
this section.
(P) (1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P)(Q) The department shall not subtract from a school
district's state aid account under division (C) of this section
and shall not pay to a community school under division (D) of this
section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when tests were administered under
section 3301.0711 of the Revised Code but did not take one or more
of the tests required by that section and was not excused pursuant
to division (C)(1) or (3) of that section, unless the
superintendent of public instruction grants the student a waiver
from the requirement to take the test and a parent is not paying
tuition for the student pursuant to section 3314.26 of the Revised
Code. The superintendent may grant a waiver only for good cause in
accordance with rules adopted by the state board of education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account under division
(C) of this section and shall not pay to a community school under
division (D) of this section any amount for that veteran.
Sec. 3314.083. If the department of education pays a joint
vocational school district under division (G)(4) of section
3317.16 of the Revised Code for excess costs of providing special
education and related services to a handicapped student with a
disability who is enrolled in a community school, as calculated
under division (G)(2) of that section, the department shall deduct
the amount of that payment from the amount calculated for payment
to the community school under section 3314.08 of the Revised Code.
Sec. 3314.086. If the department of education is required to
pay an amount under section 3353.25 of the Revised Code to a
school district delivering a course included in the clearinghouse
established under section 3353.21 of the Revised Code for a
student enrolled in a community school established under this
chapter, the department shall deduct the amount of that payment
from the amount calculated for payment to the community school
under section 3314.08 of the Revised Code.
Sec. 3314.087. (A) As used in this section:
(1) "Career-technical program" means vocational programs or
classes described in division (A) or (B) of section 3317.014 of
the Revised Code in which a student is enrolled.
(2) "Formula ADM," "category one or two vocational education
ADM," and "FTE basis" have the same meanings as in section 3317.02
of the Revised Code.
(3) "Resident school district" means the city, exempted
village, or local school district in which a student is entitled
to attend school under section 3313.64 or 3313.65 of the Revised
Code.
(B) Notwithstanding anything to the contrary in this chapter
or Chapter 3317. of the Revised Code, a student enrolled in a
community school may simultaneously enroll in the career-technical
program operated by the student's resident school district. On an
FTE basis, the student's resident school district shall count the
student in the category one or two vocational education ADM for
the proportion of the time the student is enrolled in the
district's career-technical program and, accordingly, the
department of education shall calculate funds under Chapter 3317.
for the district attributable to the student for the proportion of
time the student attends the career-technical program. The
community school shall count the student in its enrollment report
under section 3314.08 of the Revised Code and shall report to the
department the proportion of time that the student attends classes
at the community school. The department shall pay the community
school and deduct from the student's resident school district the
amount computed for the student under section 3314.08 of the
Revised Code in proportion to the fraction of the time on an FTE
basis that the student attends classes at the community school.
"Full-time equivalency" for a community school student, as defined
in division (L) of section 3314.08 of the Revised Code, does not
apply to the student.
Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the
superintendent of
public instruction
as having met
all of the following
requirements:
(1) It is submitted to the
department
of education
by a
deadline which shall be established by the
department.
(2) It In accordance with divisions (C)(1) and (2) of this
section, it specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged.
(3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement.
(B)(1) For the school year that begins on July 1, 2007, a
school district is not required to provide transportation for any
native student enrolled in a community school, if the community
school during the previous school year transported the students
enrolled in the school or arranged for the students'
transportation, even if that arrangement consisted of having
parents transport their children to and from the school, but did
not enter into an agreement to transport or arrange for
transportation for those students under division (A) of this
section, and if the governing authority of the community school by
July 15, 2007, submits written notification to the district board
of education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school.
(2) For any school year subsequent to the school year that
begins on July 1, 2007, a school district is not required to
provide transportation for any native student enrolled in a
community school if the governing authority of the community
school, by the thirty-first day of January of the previous school
year, submits written notification to the district board of
education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school. If the governing authority of the community school has
previously accepted responsibility for providing or arranging for
the transportation of a district's native students to and from the
community school, under division (B)(1) or (2) of this section,
and has since relinquished that responsibility under division
(B)(3) of this section, the governing authority shall not accept
that responsibility again unless the district board consents to
the governing authority's acceptance of that responsibility.
(3) A governing authority's acceptance of responsibility
under division (B)(1) or (2) of this section shall cover an entire
school year, and shall remain in effect for subsequent school
years unless the governing authority submits written notification
to the district board that the governing authority is
relinquishing the responsibility. However, a governing authority
shall not relinquish responsibility for transportation before the
end of a school year, and shall submit the notice relinquishing
responsibility by the thirty-first day of January, in order to
allow the school district reasonable time to prepare
transportation for its native students enrolled in the school.
(C)(1) A community school governing
authority that
enters
into
an agreement to provide transportation under division (A) of
this
section, or that accepts responsibility under division (B) of
this section, shall
provide or arrange transportation free of any
charge
for each of
its enrolled students
eligible for
transportation as
specified in who is required to be transported
under section 3327.01 of the Revised Code or who would otherwise
be transported by the school district under the district's
transportation policy. The governing authority shall report to the
department of education the number of students transported or for
whom transportation is arranged under this section in accordance
with rules adopted by the state board of education.
(2) The governing
authority may
provide or arrange
transportation for any other enrolled student
who is not eligible
for transportation in accordance with division (C)(1) of this
section
and may charge a fee
for such service
up to the
actual
cost of the service.
(2)(3) Notwithstanding anything to the contrary in division
(B)(C)(1) or (2) of this section, a community school governing
authority shall
provide or arrange transportation free of any
charge for any
disabled student enrolled in the school for whom
the student's
individualized education program developed under
Chapter 3323. of
the Revised Code specifies transportation.
(C)(D)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under
division (A) of this
section, the department of education annually
shall pay make payments to
the
community school the amount
specified in division (C)(2) of this
section
for each of the
enrolled
students for whom the school's
governing
authority
provides or arranges
transportation to and
from school.
The
according to the terms of the agreement for each student actually
transported under division (C)(1) of this section.
If a community school governing authority accepts
transportation responsibility under division (B) of this section,
the department shall make payments to the community school for
each student actually transported or for whom transportation is
arranged by the community school under division (C)(1) of this
section, calculated as follows:
(a) For any fiscal year which the general assembly has
specified that transportation payments to school districts be
based on an across-the-board percentage of the district's payment
for the previous school year, the per pupil payment to the
community school shall be the following quotient:
(i) The total amount calculated for the school district in
which the child is entitled to attend school for student
transportation other than transportation of children with
disabilities; divided by
(ii) The number of students included in the district's
transportation ADM for the current fiscal year, as reported under
division (B)(13) of section 3317.03 of the Revised Code, plus the
number of students enrolled in the community school not counted in
the district's transportation ADM who are transported under
division (B)(1) or (2) of this section.
(b) For any fiscal year which the general assembly has
specified that the transportation payments to school districts be
calculated in accordance with division (D) of section 3317.022 of
the Revised Code and any rules of the state board of education
implementing that division, the payment to the community school
shall be the amount so calculated that otherwise would be paid to
the school district in which the student is entitled to attend
school by the method of transportation the district would have
used. The community school, however, is not required to use the
same method to transport that student.
As used in this division "entitled to attend school" means
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(2) The department shall deduct the payment under division
(D)(1) of this section from the
state payment under Chapter 3317.
state education aid, as defined in section 3314.08 of the Revised
Code, and, if
necessary, the payment under sections
321.14 and
323.156 of the Revised Code, that is otherwise paid to
the school
district in which the student enrolled in the community
school
resides is entitled to attend school.
The
department shall
include
the number of the
district's native
students for whom
payment is
made to a community
school under this division (D)(1) of this
section in the
calculation of the
district's
transportation
payment under
division
(D) of section
3317.022 of
the Revised Code
and the operating appropriations act.
(3) A community school shall be paid under this division
(D)(1) of this section only for
students who
are eligible
as
specified in section 3327.01 of the Revised Code or who are
disabled and whose individualized education program requires
transportation and division (C)(1) of this section, and whose
transportation
to and from school is
actually provided or, who
actually utilized transportation arranged,
or for whom a payment
in lieu of
transportation is made by the
community school's
governing
authority.
To
qualify for
the
payments, the community
school
shall report to
the department, in
the form
and
manner
required
by the department, data
on the
number of students
transported or
whose transportation is
arranged, the
number of
miles traveled,
cost to transport, and any
other information
requested by the
department.
(4) A community school shall use payments received under this
division section solely
to pay the costs of providing or arranging
for the
transportation of students who
are eligible as specified
in section 3327.01 of the Revised
Code or who are disabled and
whose individualized education
program requires transportation and
division (C)(1) of this section, which may
include payments to a
parent, guardian,
or other
person in charge
of a child in lieu of
transportation.
(2) The payment to a community school governing authority
under this section for
eligible students shall be made
according
to the
terms of the agreement entered into
under this section.
(D)(E) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 and of the Revised Code, division
(B)
of section 3327.16
of the Revised Code and, subject to
division (C)(1) of this section, sections 3327.01 and 3327.02 of
the Revised Code, as if it were a
school
district. For purposes
of
complying with section 3327.10 of the
Revised Code, the
educational
service center that serves the
county in which the
community
school is located shall be the
certifying agency, unless
the
agreement designates the school
district as the certifying
agency.
Sec. 3314.19. The sponsor of each community school annually
shall provide the following assurances in writing to the
department of education not later than ten business days prior to
the opening of the school:
(A) That a current copy of the contract between the sponsor
and the governing authority of the school entered into under
section 3314.03 of the Revised Code has been filed with the state
office of community schools established under section 3314.11 of
the Revised Code and that any subsequent modifications to that
contract will be filed with the office;
(B) That the school has submitted to the sponsor a plan for
providing special education and related services to students with
disabilities and has demonstrated the capacity to provide those
services in accordance with Chapter 3323. of the Revised Code and
federal law;
(C) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710 and 3301.0715 of the Revised
Code;
(D) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code in
accordance with methods and timelines established under section
3314.17 of the Revised Code;
(E) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(F) That the school will enroll at least the minimum number
of students required by division (A)(11)(a) of section 3314.03 of
the Revised Code in the school year for which the assurances are
provided;
(G) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code, except for
noncertificated persons engaged to teach up to twelve hours per
week pursuant to section 3319.301 of the Revised Code;
(H) That the school's fiscal officer is in compliance with
section 3314.011 of the Revised Code;
(I) That the school has complied with section 3319.39 of the
Revised Code with respect to all employees who are responsible for
the care, custody, or control of a child and that the school has
conducted a criminal records check of each of its governing
authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
division (A)(11)(b) of section 3314.03 of the Revised Code, that
the sponsor considers sufficient to indemnify the school's
facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit
to the school for the school year for which the assurances are
provided;
(L) That the school has designated a date it will open for
the school year for which the assurances are provided that is in
compliance with division (A)(25) of section 3314.03 of the Revised
Code;
(M) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
Sec. 3314.26. (A) Each internet- or computer-based community
school shall withdraw from the school any student who, for two
consecutive school years, has failed to participate in the spring
administration of any test prescribed under section 3301.0710 or
3301.0712 of the Revised Code for the student's grade level and
was not excused from the test pursuant to division (C)(1) or (3)
of section 3301.0711 of the Revised Code, regardless of whether a
waiver was granted for the student under division (P)(Q)(3) of
section 3314.08 of the Revised Code. The school shall report any
such student's data verification code, as assigned pursuant to
section 3301.0714 of the Revised Code, to the department of
education. The department shall maintain a list of all data
verification codes reported under this division and section
3313.6410 of the Revised Code and provide that list to each
internet- or computer-based community school and to each school to
which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall
receive any state funds under this chapter for any enrolled
student whose data verification code appears on the list
maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revised Code to the
contrary, the parent of any such student shall pay tuition to the
internet- or computer-based community school in an amount equal to
the state funds the school otherwise would receive for that
student, as determined by the department. An internet- or
computer-based community school may withdraw any student for whom
the parent does not pay tuition as required by this division.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys
shall be distributed
pursuant to this chapter without the
approval
of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped nondisabled students, utilizing
the
determination in
section 3317.012 of the Revised Code. In
addition, the
department
shall
calculate and report separately for
each school district the
district's total
state and local funds
for providing an adequate
education for its handicapped
students
with disabilities, utilizing the
determinations in both sections
3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments made during the
first six
months of
the
fiscal year may be based on an estimate of
the
amounts
payable for
the entire year. Payments made in the last
six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated
to reflect the biannual reporting of average daily membership. In
fiscal year 2007 and in each fiscal year thereafter, annualized
periodic payments for each school district shall be based on the
district's final student counts certified pursuant to verified by
the superintendent of public instruction based on reports under
section 3317.03 of
the Revised Code, as adjusted, if so ordered,
under division (K) of that section, as follows:
the sum of one-half of the number of students reported verified
and adjusted
for the first full week in October plus one-half of the
average of the numbers reported verified and adjusted for the
first full week
in October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income
tax levies
under Chapter 5748. of the Revised Code, limited
to or
to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.012. (A) The general assembly, having deliberated
on the model with which to calculate the base cost of an adequate
education per pupil, has made a policy decision to calculate that
amount as consisting of the following building blocks:
(1) Base classroom teachers;
(2) Other personnel support, which includes additional
teachers, such as music, arts, and physical education teachers
funded by state, local, or federal funds or other funds that are
above the base cost funding level, and other school personnel
including administrators;
(3) Nonpersonnel support.
This model reflects policy decisions made by the general
assembly concerning the cost of base classroom teachers, which
decisions entail two policy variables: the number of students per
base classroom teacher necessary for an adequate education and the
average compensation for a base classroom teacher necessary for an
adequate education. The model requires the general assembly to
decide the amount of other personnel support necessary for an
adequate education, and increase that amount from year to year by
the same percentage as it increases the average compensation for
base classroom teachers. The model finally requires the general
assembly to decide the nonpersonnel costs necessary for an
adequate education and to inflate the nonpersonnel costs from year
to year using the projected inflationary measure for the gross
domestic product deflator (all items) prepared by the bureau of
labor statistics of the United States department of labor.
(B)(1) For fiscal year 2006 2008, the general assembly has
resolved that a ratio of one base classroom teacher per twenty
students is necessary for an adequate education. The general
assembly has made a policy decision that the average compensation
for base classroom teachers is $53,680 $56,754 for fiscal year
2006 2008, which includes an amount for the value of fringe
benefits. For fiscal year 2007 2009, the general assembly has
resolved that a ratio of one base classroom teacher per twenty
students is necessary for an adequate education. The general
assembly has made a policy decision that the average compensation
for base classroom teachers is $54,941 $58,621 for fiscal year
2009, which includes an amount for the value of fringe benefits.
Based on a ratio of twenty students per base classroom teacher,
these amounts equal $2,684 $2,838 per pupil in fiscal year 2006
2008 and $2,747 $2,931 per pupil in fiscal year 2007 2009.
(2) The general assembly has made a policy decision that the
per pupil cost of salary and benefits of other personnel support
is $1,807 $1,905 in fiscal year 2006 2008. Based on the percentage
increase for the average compensation of base classroom teachers
per pupil cost of salary and benefits of other personnel support
from fiscal year 2006 2007 to fiscal year 2007 2008, the per pupil
cost of other personnel support is $1,850 $1,962 in fiscal year
2007 2009.
(3) The general assembly has made a policy decision that the
per pupil cost of nonpersonnel support is $792 $822 in fiscal year
2006 2008 and $806 $839 in fiscal year 2007 2009. The amount for
fiscal year 2007 2009 reflects the projected inflationary measure
for the gross domestic product deflator (all items) of 1.80%
2.00%.
(4) Based on the determinations specified in divisions (B)(1)
to (3) of this section, the per-pupil base cost is $5,283 $5,565
in fiscal year 2006 2008 and $5,403 $5,732 in fiscal year 2007
2009.
(C) In addition to the per-pupil base cost as determined
under divisions (A) and (B) of this section, the general assembly
determines that the following base funding supplements shall be
paid to each school district:
(1) Base funding for large-group academic intervention for
all students, based on 25 hours per group of students per year at
an hourly rate of $20.00 $21.01 in fiscal year 2006 2008 and
$20.40 $21.64 in fiscal year 2007 2009, as follows:
large-group intervention units X 25 hours X hourly rate
(a) "Large-group intervention units" equals the district's
formula ADM divided by 20;
(b) "Hourly rate" equals $20.00 $21.01 in fiscal year 2006
2008 and $20.40 $21.64 in fiscal year 2007 2009.
(2) Base funding for professional development, phased in
according to the following formula:
district's teacher factor X 0.045 X
formula amount X phase-in percentage
(a) For each school district, the district's "teacher factor"
is the district's formula ADM divided by 17;
(b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and
0.75 in fiscal year 2007.
(3) Base funding for data-based decision making, calculated
according to the following formula:
0.001 X formula amount X formula ADM
(4) Base funding for professional development regarding
data-based decision making, calculated according to the following
formula:
(0.20 X the district's teacher factor X 0.08 X formula amount) +
(the district's principal factor X
0.08 X formula amount)
(a) For each school district, the district's "teacher factor"
is the district's formula ADM divided by 17;
(b) For each school district, the district's "principal
factor" is the district's formula ADM divided by 340.
(D) The general assembly intends that school districts spend
the state funds calculated and paid for each component of the
building blocks methodology described in divisions (B)(1) to (3)
and (C)(1) to (4) of this section according to the purposes
described in those divisions.
Sec. 3317.013. Except for a handicapped preschool child with
a disability for whom a scholarship has been awarded under section
3310.41 of the Revised Code, this section does not apply to
handicapped
preschool students children with disabilities.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code,
and
adjusted as provided in this section, are as
follows:
(A)
A multiple of 0.2892 for students whose primary or only
identified handicap disability is a speech and language handicap
disability, as this
term is defined pursuant to Chapter 3323. of
the Revised Code;
(B) A multiple of
0.3691 for students identified as
specific
learning disabled or
developmentally
handicapped disabled, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or as having an other health
handicapped-minor
impairment-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped disabled,
vision
impaired,
or severe behavior
handicapped disabled, as
these
terms
are defined pursuant to
Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 for students identified as
orthopedically handicapped disabled, as this
term is defined
pursuant to
Chapter 3323. of the Revised Code or as having an
other health handicapped -
major impairment-major;
(E) A multiple of 3.1129 for students identified as
multihandicapped having multiple disabilities, as
this term is
defined pursuant to Chapter
3323. of the Revised
Code;
(F) A multiple of 4.7342 for students identified as
autistic,
having traumatic brain injuries, or as both visually
and hearing
disabled impaired, as these terms are
defined
pursuant to
Chapter
3323. of the Revised Code.
In fiscal year 2004 years 2008 and 2009, the multiples
specified in divisions (A)
to (F) of this section shall be
adjusted by multiplying them by
0.88. In fiscal years 2005, 2006,
and 2007, the multiples specified in those
divisions shall be
adjusted by multiplying them by 0.90.
Not later than the thirtieth day of May December in 2004,
2005, 2006, and 2007, 2008, and 2009, the department of education
shall submit to the office of budget and management a report that
specifies for each city, local, exempted village, and joint
vocational school district the fiscal year allocation of the state
and local shares of special education and related services
additional weighted funding and federal special education funds
passed through to the district.
Sec. 3317.014. The average vocational education additional
cost per pupil can be expressed as a multiple of the base cost per
pupil calculated under section 3317.012 of the Revised Code. the
The
multiples for the following categories of vocational education
programs
are as follows:
(A) A multiple of
0.57 for students enrolled in
vocational
education job-training and workforce development
programs approved
by the
department of education in accordance
with rules
adopted
under section 3313.90 of the Revised Code.
(B) A multiple of
0.28 for students enrolled in
vocational
education classes other than job-training and workforce
development
programs.
Vocational education associated services costs can be
expressed as
a multiple of 0.05 of the base cost per pupil
calculated under section
3317.012 of the Revised Code.
The general assembly has adjusted the multiples specified in
this section for calculating payments beginning in fiscal year
2002 in recognition that its policy change regarding the
application of the cost-of-doing-business factor produces a higher
base cost amount than would exist if no change were made to its
application. The adjustment maintains the same weighted costs as
would exist if no change were made to the application of the
cost-of-doing-business factor.
The By the thirtieth day of each December, the department of
education shall annually report to the governor office of budget
and management and the general assembly the amount of weighted
funding for vocational education and associated services that is
was spent by each city, local, exempted village, and joint
vocational school district specifically for vocational educational
and associated services during the previous fiscal year.
Sec. 3317.015. (A) In addition to the information certified
to
the department of education and the office of budget and
management under division (A) of section 3317.021
of the Revised
Code, the tax commissioner shall, at the same time, certify the
following information to the department and the office of budget
and management for each city, exempted village, and local school
district to be used for the same purposes as described under that
division:
(1) The taxable value of the school district's carryover
property, as defined in section
319.301 of the Revised Code, for
the preceding tax year;
(2) The increase in such carryover value, if any, between
the
second preceding tax year and the preceding tax year as used in
calculating the percentage reduction under section 319.301 of the
Revised Code.
(B) For each fiscal year the department of education shall
calculate each school district's recognized valuation in the
following
manner:
(1) For a school district located in a county in which a
reappraisal or
triennial update occurred in the preceding tax
year, the recognized valuation
equals the district's total taxable
value for the preceding tax year minus
two-thirds times the
increase in the carryover value from the second preceding
tax year
to the preceding tax year.
(2) For a school district located in a county in which a
reappraisal or
triennial update occurred in the second preceding
tax year, the recognized
valuation equals the district's total
taxable value for the preceding tax year
minus one-third times the
increase in the carryover value from the third
preceding tax year
to the second preceding tax year.
(3) For a school district located in a county in which a
reappraisal or
triennial update occurred in the third preceding
tax year, the recognized
valuation equals the district's total
taxable value for the preceding tax
year.
Sec. 3317.016. In addition to its form SF-3, or any successor
to that form, the department of education shall publish on its web
site a spreadsheet for each school district that specifies the
constituent components of the district's "building blocks" funds,
as follows:
(A) For compensation of base classroom teachers, as described
in division (B)(1) of section 3317.012 of the Revised Code, each
spreadsheet shall specify the district's aggregate and per pupil
amounts of state funds and of combined state and local funds, the
average compensation decided by the general assembly for base
classroom teachers, as specified in that division, and the number
of base classroom teachers attributable to the district based on
the student-teacher ratio decided by the general assembly, as
specified in that division.
(B) Each spreadsheet shall specify the district's aggregate
and per pupil amounts of state funds and of combined state and
local funds for each of the following:
(1) Other personnel support, as described in division (B)(2)
of section 3317.012 of the Revised Code;
(2) Nonpersonnel support, as described in division (B)(3) of
that section;
(3) Academic intervention services, as described in division
(C)(1) of that section;
(4) Professional development, as described in division (C)(2)
of that section;
(5) Data-based decision making, as described in division
(C)(3) of that section;
(6) Professional development for data-based decision making,
as described in division (C)(4) of that section.
(C) Each spreadsheet shall separately specify the district's
aggregate and per pupil state funds for each of the following
components of poverty-based assistance under section 3317.029 of
the Revised Code:
(1) Poverty-based assistance guarantee payment under division
(B) of that section;
(2) Academic intervention funding under division (C) of that
section;
(3)(2) All-day kindergarten under division (D) of that
section;
(4) Class-size reduction (3) Increased classroom learning
opportunities under division (E) of that section;
(5)(4) Services to limited English proficient students under
division (F) of that section;
(6)(5) Professional development, under division (G) of that
section;
(7)(6) Dropout prevention under division (H) of that section;
(8)(7) Community outreach under division (I) of that section;
(8) Assistance in closing the achievement gap under division
(K) of that section.
Sec. 3317.017. (A) Not later than July 1, 2006, the
superintendent of public instruction shall adopt a rule under
which the superintendent may issue an order with respect to the
spending, by a school district declared to be under an academic
watch or in a state of academic emergency under section 3302.03 of
the Revised Code, of the following state building block funds
intended to pay instructional-related costs:
(1) State funds for compensation of base classroom teachers,
as described in division (B)(1) of section 3317.012 of the Revised
Code;
(2) State funds for academic intervention services under
division (C)(1) of section 3317.012 and division (C) of section
3317.029 of the Revised Code;
(3) State funds for professional development under divisions
(C)(2) and (4) of section 3317.012 and division (G) of section
3317.029 of the Revised Code;
(4) State funds for data based decision making under division
(C)(3) of section 3317.012 of the Revised Code;
(5) The poverty-based assistance guarantee payment under
division (B) of section 3317.029 of the Revised Code;
(6) State funds for all-day kindergarten under division (D)
of section 3317.029 of the Revised Code;
(7)(6) State funds for class-size reduction increased
classroom learning opportunities under division (E) of section
3317.029 of the Revised Code;
(8)(7) State funds for services to limited English proficient
students under division (F) of section 3317.029 of the Revised
Code;
(9)(8) State funds for dropout prevention under division (H)
of section 3317.029 of the Revised Code;
(10)(9) State funds for community outreach under division (I)
of section 3317.029 of the Revised Code;
(10) State funds for assistance in closing the achievement
gap under division (K) of section 3317.029 of the Revised Code.
(B) The rule shall authorize the superintendent of public
instruction to issue an order that does one or a combination of
the following:
(1) Requires the school district to periodically report to
the superintendent of public instruction on its spending of the
state funds paid for each building blocks component described in
divisions (A)(1) to (10) of this section;
(2) Requires the district to establish a separate account for
each of the building blocks components described in divisions
(A)(1) to (10) of this section to which the district shall credit
the state funds paid for each;
(3) Directs the district's spending of any or all of the
state funds paid for the components described in divisions (A)(1)
to (10) of this section in accordance with the descriptions and
requirements of sections 3317.012 and 3317.029 of the Revised
Code.
(C) The rule shall specify situations in which the
superintendent may issue an order and the types of orders the
superintendent will issue for each of those situations. The rule,
however, shall authorize the superintendent to issue orders in
situations that are not enumerated or described in the rule.
(D) The board of education of each school district to which
the superintendent of public instruction issues an order pursuant
to the rule adopted under this section shall comply with that
order.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised
Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the final number verified by the
superintendent of public instruction, based on the number reported
pursuant to
division
(A) of section 3317.03 of the Revised Code,
and as adjusted, if so ordered, under division (K) of that
section. "Formula ADM" means, for a joint
vocational school
district, the final number verified by the superintendent of
public instruction, based on the number reported pursuant to
division
(D) of section 3317.03 of the Revised Code, as adjusted,
if so ordered, under division (K) of that section. Beginning in
fiscal year 2007, for payments in which formula ADM is a factor,
the formula ADM for each school district for the fiscal year is
the sum of one-half of the number reported verified and adjusted
for October of that
fiscal year plus one-half of the average of
the numbers reported verified and adjusted
for October and
February of that fiscal year.
(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two three fiscal years.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children with disabilities
receiving
special
education services for
the handicap
disability
specified in
division (A)
of
section 3317.013 of the
Revised Code
and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03
of the
Revised
Code. Beginning in fiscal year 2007, the district's
category one special education ADM for a fiscal year is the sum of
one-half of the number reported for October of that fiscal year
plus one-half of the average of the numbers reported for October
and February of that fiscal year.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children with disabilities
receiving
special
education services for those handicaps
disabilities specified in
division (B)
of section 3317.013 of the
Revised Code and reported under
division (B)(6) or (D)(2)(c) of
section 3317.03 of
the Revised
Code. Beginning in fiscal year
2007, the district's category two special education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those handicaps disabilities specified in division (C) of
section 3317.013
of the Revised Code, and
reported
under division
(B)(7) or
(D)(2)(d) of section 3317.03 of
the
Revised Code.
Beginning in fiscal year 2007, the district's category three
special education ADM for a fiscal year is the sum of one-half of
the number reported for October of that fiscal year plus one-half
of the average of the numbers reported for October and February of
that fiscal year.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those handicaps disabilities specified
in division (D) of
section 3317.013
of the Revised Code and
reported under division
(B)(8) or
(D)(2)(e) of section 3317.03 of
the Revised Code.
Beginning in fiscal year 2007, the district's category four
special education ADM for a fiscal year is the sum of one-half of
the number reported for October of that fiscal year plus one-half
of the average of the numbers reported for October and February of
that fiscal year.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the handicap disabilities specified in division (E) of section
3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code. Beginning in
fiscal year 2007, the district's category five special education
ADM for a fiscal year is the sum of one-half of the number
reported for October of that fiscal year plus one-half of the
average of the numbers reported for October and February of that
fiscal year.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the handicap disabilities specified in division (F) of section
3317.013
of
the Revised Code and reported under division (B)(10)
or
(D)(2)(g)
of section 3317.03 of the Revised Code. Beginning in
fiscal year 2007, the district's category six special education
ADM for a fiscal year is the sum of one-half of the number
reported for October of that fiscal year plus one-half of the
average of the numbers reported for October and February of that
fiscal year.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category one vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category two vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(G)
"Handicapped preschool Preschool child with a disability"
means a
handicapped child with a disability,
as defined in section
3323.01 of the
Revised Code, who is at least
age three
but is not
of compulsory school age, as defined in
section
3321.01 of the
Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N) "Cost-of-doing-business factor" means the amount
indicated in division (N)(1) or (2) of this section for the county
in which a city,
local,
exempted village, or joint vocational
school district is located.
If a
city, local, or exempted village
school
district is located
in
more than one county,
the factor is
the amount indicated for
the
county to which the
district is
assigned by the state
department
of education. If a joint
vocational school district is
located in
more than one county, the
factor is
the amount
indicated for the
county in which the joint
vocational school with
the greatest
formula ADM operated by the
district is
located.
(1) In fiscal year 2006, the cost-of-doing-business factor
for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00233 |
|
Allen |
1.01373 |
|
Ashland |
1.01980 |
|
Ashtabula |
1.02647 |
|
Athens |
1.00093 |
|
Auglaize |
1.01647 |
|
Belmont |
1.00427 |
|
Brown |
1.01180 |
|
Butler |
1.04307 |
|
Carroll |
1.00913 |
|
Champaign |
1.02973 |
|
Clark |
1.02980 |
|
Clermont |
1.03607 |
|
Clinton |
1.02193 |
|
Columbiana |
1.01427 |
|
Coshocton |
1.01153 |
|
Crawford |
1.01093 |
|
Cuyahoga |
1.04173 |
|
Darke |
1.02253 |
|
Defiance |
1.00973 |
|
Delaware |
1.03520 |
|
Erie |
1.02587 |
|
Fairfield |
1.02440 |
|
Fayette |
1.02127 |
|
Franklin |
1.04053 |
|
Fulton |
1.0220 |
|
Gallia |
1.00000 |
|
Geauga |
1.03340 |
|
Greene |
1.02960 |
|
Guernsey |
1.00440 |
|
Hamilton |
1.05000 |
|
Hancock |
1.01433 |
|
Hardin |
1.02373 |
|
Harrison |
1.00493 |
|
Henry |
1.02120 |
|
Highland |
1.00987 |
|
Hocking |
1.01253 |
|
Holmes |
1.01187 |
|
Huron |
1.01953 |
|
Jackson |
1.00920 |
|
Jefferson |
1.00487 |
|
Knox |
1.01860 |
|
Lake |
1.03493 |
|
Lawrence |
1.00540 |
|
Licking |
1.02540 |
|
Logan |
1.02567 |
|
Lorain |
1.03433 |
|
Lucas |
1.02600 |
|
Madison |
1.03253 |
|
Mahoning |
1.02307 |
|
Marion |
1.02040 |
|
Medina |
1.03573 |
|
Meigs |
1.00173 |
|
Mercer |
1.01353 |
|
Miami |
1.02740 |
|
Monroe |
1.00333 |
|
Montgomery |
1.03020 |
|
Morgan |
1.00593 |
|
Morrow |
1.02007 |
|
Muskingum |
1.00847 |
|
Noble |
1.00487 |
|
Ottawa |
1.03240 |
|
Paulding |
1.00767 |
|
Perry |
1.01067 |
|
Pickaway |
1.02607 |
|
Pike |
1.00687 |
|
Portage |
1.03147 |
|
Preble |
1.02947 |
|
Putnam |
1.01440 |
|
Richland |
1.01327 |
|
Ross |
1.01007 |
|
Sandusky |
1.02140 |
|
Scioto |
1.00080 |
|
Seneca |
1.01487 |
|
Shelby |
1.01853 |
|
Stark |
1.01700 |
|
Summit |
1.03613 |
|
Trumbull |
1.02340 |
|
Tuscarawas |
1.00593 |
|
Union |
1.03333 |
|
Van Wert |
1.00887 |
|
Vinton |
1.00633 |
|
Warren |
1.04387 |
|
Washington |
1.00400 |
|
Wayne |
1.02320 |
|
Williams |
1.01520 |
|
Wood |
1.02400 |
|
Wyandot |
1.01140 |
(2) In fiscal year 2007, the cost-of-doing-business factor
for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00117 |
|
Allen |
1.00687 |
|
Ashland |
1.00990 |
|
Ashtabula |
1.01323 |
|
Athens |
1.00047 |
|
Auglaize |
1.00823 |
|
Belmont |
1.00213 |
|
Brown |
1.00590 |
|
Butler |
1.02153 |
|
Carroll |
1.00457 |
|
Champaign |
1.01487 |
|
Clark |
1.01490 |
|
Clermont |
1.01803 |
|
Clinton |
1.01097 |
|
Columbiana |
1.00713 |
|
Coshocton |
1.00577 |
|
Crawford |
1.00547 |
|
Cuyahoga |
1.02087 |
|
Darke |
1.01127 |
|
Defiance |
1.00487 |
|
Delaware |
1.01760 |
|
Erie |
1.01293 |
|
Fairfield |
1.01220 |
|
Fayette |
1.01063 |
|
Franklin |
1.02027 |
|
Fulton |
1.01100 |
|
Gallia |
1.00000 |
|
Geauga |
1.01670 |
|
Greene |
1.01480 |
|
Guernsey |
1.00220 |
|
Hamilton |
1.02500 |
|
Hancock |
1.00717 |
|
Hardin |
1.01187 |
|
Harrison |
1.00247 |
|
Henry |
1.01060 |
|
Highland |
1.00493 |
|
Hocking |
1.00627 |
|
Holmes |
1.00593 |
|
Huron |
1.00977 |
|
Jackson |
1.00460 |
|
Jefferson |
1.00243 |
|
Knox |
1.00930 |
|
Lake |
1.01747 |
|
Lawrence |
1.00270 |
|
Licking |
1.01270 |
|
Logan |
1.01283 |
|
Lorain |
1.01717 |
|
Lucas |
1.01300 |
|
Madison |
1.01627 |
|
Mahoning |
1.01153 |
|
Marion |
1.01020 |
|
Medina |
1.01787 |
|
Meigs |
1.00087 |
|
Mercer |
1.00677 |
|
Miami |
1.01370 |
|
Monroe |
1.00167 |
|
Montgomery |
1.01510 |
|
Morgan |
1.00297 |
|
Morrow |
1.01003 |
|
Muskingum |
1.00423 |
|
Noble |
1.00243 |
|
Ottawa |
1.01620 |
|
Paulding |
1.00383 |
|
Perry |
1.00533 |
|
Pickaway |
1.01303 |
|
Pike |
1.00343 |
|
Portage |
1.01573 |
|
Preble |
1.01473 |
|
Putnam |
1.00720 |
|
Richland |
1.00663 |
|
Ross |
1.00503 |
|
Sandusky |
1.01070 |
|
Scioto |
1.00040 |
|
Seneca |
1.00743 |
|
Shelby |
1.00927 |
|
Stark |
1.00850 |
|
Summit |
1.01807 |
|
Trumbull |
1.01170 |
|
Tuscarawas |
1.00297 |
|
Union |
1.01667 |
|
Van Wert |
1.00443 |
|
Vinton |
1.00317 |
|
Warren |
1.02193 |
|
Washington |
1.00200 |
|
Wayne |
1.01160 |
|
Williams |
1.00760 |
|
Wood |
1.01200 |
|
Wyandot |
1.00570 |
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)(O)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)(P)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or
before the
first
day of July of each year, the tax commissioner
shall certify
to the
department of education and the office of
budget and management for each city, exempted village,
and local
school
district the median Ohio adjusted gross income of
the
residents of
the school district determined on the basis of
tax
returns filed for the
second preceding tax year by the
residents
of the district.
(R)(Q)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)(R)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T)(S)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(U)(T) A child may be identified as having an "other health
handicapped-major impairment-major" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, and
if either of the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(V)(U) A child may be identified as having an "other health
handicapped-minor impairment-minor" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, but
the child's condition does not meet
either of the
conditions
specified in division (U)(T)(1) or (2) of
this section.
(W) "SF-3 payment" means the sum of the payments to a school
district in a fiscal year under divisions (A), (C)(1), (C)(4),
(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)
of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after
making the adjustments required by sections 3313.981 and 3313.979
of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M),
(N), and (O) of section 3317.023, and division (C) of section
3317.20 (V) "State education aid" has the same meaning as in
section 5751.20 of the Revised Code.
(X)(W) "Property exemption value" means zero in fiscal year
2006, and in fiscal year 2007 and each fiscal year thereafter, the
amount certified for a school district under divisions (A)(6) and
(7) of section 3317.021 of the Revised Code.
(X) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
Sec. 3317.021. (A) On or before the first day of June of
each year, the tax commissioner shall certify to the department
of
education and the office of budget and management the information
described in divisions (A)(1) to (8) of this section for each
city, exempted
village, and local school district, and the
information required
by divisions (A)(1) and (2) of this section
for each joint
vocational school district, and it shall be used,
along with the
information certified under division (B) of this
section, in
making the computations for the district under
sections
3317.022, 3317.0216,
and 3317.0217 or
section 3317.16 of
the Revised Code.
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location.
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year.
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses.
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The value of all real and public utility real property
in
the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the
district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the
district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
(5) The total
federal adjusted gross income of the
residents
of the school
district, based on tax returns filed by
the
residents of the
district, for the most recent year for which
this
information is
available.
(6) The sum of the school district compensation value as
indicated on the list of exempted property for the preceding tax
year under section 5713.08 of the Revised Code as if such property
had been assessed for taxation that year and the other
compensation value for the school district, minus the amounts
described in divisions (A)(6)(c) to (i) of this section. The
portion of school district compensation value or other
compensation value attributable to an incentive district exemption
may be subtracted only once even if that incentive district
satisfies more than one of the criteria in divisions (A)(6)(c) to
(i) of this section.
(a) "School district compensation value" means the aggregate
value of real property in the school district exempted from
taxation pursuant to an ordinance or resolution adopted under
division (C) of section 5709.40, division (C) of section 5709.73,
or division (B) of section 5709.78 of the Revised Code to the
extent that the exempted value results in the charging of payments
in lieu of taxes required to be paid to the school district under
division (D)(1) or (2) of section 5709.40, division (D) of section
5709.73, or division (C) of section 5709.78 of the Revised Code.
(b) "Other compensation value" means the quotient that
results from dividing (i) the dollar value of compensation
received by the school district during the preceding tax year
pursuant to division (B), (C), or (D) of section 5709.82 of the
Revised Code and the amounts received pursuant to an agreement as
specified in division (D)(2) of section 5709.40, division (D) of
section 5709.73, or division (C) of section 5709.78 of the Revised
Code to the extent those amounts were not previously reported or
included in division (A)(6)(a) of this section, and so that any
such amount is reported only once under division (A)(6)(b) of this
section, in relation to exemptions from taxation granted pursuant
to an ordinance or resolution adopted under division (C) of
section 5709.40, division (C) of section 5709.73, or division (B)
of section 5709.78 of the Revised Code, by (ii) the real property
tax rate in effect for the preceding tax year for
nonresidential/agricultural real property after making the
reductions required by section 319.301 of the Revised Code.
(c) The portion of school district compensation value or
other compensation value that was exempted from taxation pursuant
to such an ordinance or resolution for the preceding tax year, if
the ordinance or resolution is adopted prior to January 1, 2006,
and the legislative authority or board of township trustees or
county commissioners, prior to January 1, 2006, executes a
contract or agreement with a developer, whether for-profit or
not-for-profit, with respect to the development of a project
undertaken or to be undertaken and identified in the ordinance or
resolution, and upon which parcels such project is being, or will
be, undertaken;
(d) The portion of school district compensation value that
was exempted from taxation for the preceding tax year and for
which payments in lieu of taxes for the preceding tax year were
provided to the school district under division (D)(1) of section
5709.40 of the Revised Code.
(e) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if and to the extent that, on or
before April 1, 2006, the fiscal officer of the municipal
corporation that adopted the ordinance, or of the township or
county that adopted the resolution, certifies and provides
appropriate supporting documentation to the tax commissioner and
the director of development that, based on hold-harmless
provisions in any agreement between the school district and the
legislative authority of the municipal corporation, board of
township trustees, or board of county commissioners that was
entered into on or before June 1, 2005, the ability or obligation
of the municipal corporation, township, or county to repay bonds,
notes, or other financial obligations issued or entered into prior
to January 1, 2006, will be impaired, including obligations to or
of any other body corporate and politic with whom the legislative
authority of the municipal corporation or board of township
trustees or county commissioners has entered into an agreement
pertaining to the use of service payments derived from the
improvements exempted;
(f) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, in a municipal corporation with
a population that exceeds one hundred thousand, as shown by the
most recent federal decennial census, that includes a major
employment center and that is adjacent to historically distressed
neighborhoods, if the legislative authority of the municipal
corporation that exempted the property prepares an economic
analysis that demonstrates that all taxes generated within the
incentive district accruing to the state by reason of improvements
constructed within the district during its existence exceed the
amount the state pays the school district under section 3317.022
of the Revised Code attributable to such property exemption from
the school district's recognized valuation. The analysis shall be
submitted to and approved by the department of development prior
to January 1, 2006, and the department shall not unreasonably
withhold approval.
(g) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, and if service payments have
been pledged to be used for mixed-use riverfront entertainment
development in any county with a population that exceeds six
hundred thousand, as shown by the most recent federal decennial
census;
(h) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if, prior to January 1, 2006, the
legislative authority of a municipal corporation, board of
township trustees, or board of county commissioners has pledged
service payments for a designated transportation capacity project
approved by the transportation review advisory council under
Chapter 5512. of the Revised Code;
(i) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution if the legislative authority of a
municipal corporation, board of township trustees, or board of
county commissioners have, by January 1, 2006, pledged proceeds
for designated transportation improvement projects that involve
federal funds for which the proceeds are used to meet a local
share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the
same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school
district for which an exemption from taxation is granted by an
ordinance or resolution adopted on or after January 1, 2006, under
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised
Code, as indicated on the list of exempted property for the
preceding tax year under section 5713.08 of the Revised Code and
as if such property had been assessed for taxation that year,
minus the product determined by multiplying (a) the aggregate
value of the real property in the school district exempted from
taxation for the preceding tax year under any of the chapters or
sections specified in this division, by (b) a fraction, the
numerator of which is the difference between (i) the amount of
anticipated revenue such school district would have received for
the preceding tax year if the real property exempted from taxation
had not been exempted from taxation and (ii) the aggregate amount
of payments in lieu of taxes on the exempt real property for the
preceding tax year and other compensation received for the
preceding tax year by the school district pursuant to any
agreements entered into on or after January 1, 2006, under section
5709.82 of the Revised Code between the school district and the
legislative authority of a political subdivision that acted under
the authority of a chapter or statute specified in this division,
that were entered into in relation to such exemption, and the
denominator of which is the amount of anticipated revenue such
school district would have received in the preceding fiscal year
if the real property exempted from taxation had not been exempted.
(8) For each school district receiving payments under
division (B) or (C) of section 3317.0216 of the Revised Code
during the current fiscal year, as included on the most recent
list of such districts sent to the tax commissioner under division
(F) of that section, the following:
(a) The portion of the total amount of taxes charged and
payable for current expenses certified under division (A)(3)(a) of
this section that is attributable to each new levy approved and
charged in the preceding tax year and the respective tax rate of
each of those new levies;
(b) The portion of the total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 or 5748.08 of the Revised Code, as certified under
division (A)(2) of section 3317.08 of the Revised Code, that is
attributable to each new school district income tax first
effective in the current taxable year or in the preceding taxable
year.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education and the
office of budget and management the
total taxable real property
value of railroads and, separately,
the total taxable tangible
personal property value of all public
utilities for the preceding
tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A) of section 3317.01 of the Revised Code,
the department shall immediately request the tax commissioner to
determine the extent to which any school district income tax
levied by the district under Chapter 5748. of the Revised Code
shall be included in meeting that requirement. Within five days
of
receiving such a request from the department, the tax
commissioner
shall make the determination required by this
division and report
the quotient obtained under division
(D)(3)
of
this section to the
department and the office of budget and management. This quotient
represents the
number of mills that the department shall include
in determining
whether the district meets the qualification
requirement of
division (A) of section 3317.01 of the Revised
Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district;
(3) Divide the amount estimated under division (D)(2) of
this
section by the product obtained under division (D)(1)
of
this
section.
(E)(1) On or before June 1, 2006, and the first day of April
of each year thereafter, the director of development shall report
to the department of education and, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
division (D) of section 5709.40, division (D) of section 5709.73,
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),
or (D) of section 5709.82 of the Revised Code in relation to
exemptions from taxation granted pursuant to an ordinance adopted
by the legislative authority of a municipal corporation under
division (C) of section 5709.40 of the Revised Code, or a
resolution adopted by a board of township trustees or board of
county commissioners under division (C) of section 5709.73 or
division (B) of section 5709.78 of the Revised Code, respectively.
On or before April 1, 2006, and the first day of March of each
year thereafter, the treasurer of each city, local, exempted
village, or joint vocational school district that has entered into
such an agreement shall report to the director of development the
total amounts of such payments the district received for the
preceding tax year as provided in this section. The state board of
education, in accordance with sections 3319.31 and 3319.311 of the
Revised Code, may suspend or revoke the license of a treasurer
found to have willfully reported erroneous, inaccurate, or
incomplete data under this division.
(2) On or before April 1, 2007, and the first day of April of
each year thereafter, the director of development shall report to
the department of education and to, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
divisions (B), (C), and (D) of section 5709.82 of the Revised Code
in relation to exemptions from taxation granted pursuant to
ordinances or resolutions adopted on or after January 1, 2006,
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the
Revised Code. On or before March 1, 2007, and the first day of
March of each year thereafter, the treasurer of each city, local,
exempted village, or joint vocational school district that has
entered into such an agreement shall report to the director of
development the total amounts of such payments the district
received for the preceding tax year as provided by this section.
The state board of education, in accordance with sections 3319.31
and 3319.311 of the Revised Code, may suspend or revoke the
license of a treasurer found to have willfully reported erroneous,
inaccurate, or incomplete data under this division.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each eligible
school
district for the fiscal year,
using
the
information
obtained
under section
3317.021 of the Revised
Code in
the
calendar year in
which the
fiscal year begins.
(1) Compute, according to the following for each eligible
district formula:
{[cost-of-doing-business factor X
the formula amount X (formula ADM +
preschool scholarship ADM)] +
the sum of the base funding supplements
prescribed in divisions (C)(1) to (4)
of section 3317.012 of the Revised Code} -
[.023 x (the sum of recognized valuation
and property exemption value)] +
the amounts calculated for the district under
sections 3317.029 and 3317.0217 of the Revised Code
If the difference obtained is a negative number, the
district's computation shall be zero.
(2) Compute both of the following for each school district:
(a) The difference of (i) the district's fiscal year 2005
base cost payment under the version of division (A)(1) of this
section in effect in fiscal year 2005, minus (ii) the amount
computed for the district for the current fiscal year under
current division (A)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal
year 2005 formula ADM) X
(current year formula ADM + preschool scholarship ADM)]
minus the amount computed for the district
under current division (A)(1) of this section
If one of the amounts computed under division (A)(2)(a) or
(b) of this section is a positive amount, the department shall pay
the district that amount in addition to the amount calculated
under division (A)(1) of this section. If both amounts are
positive amounts, the department shall pay the district the lesser
of the two amounts in addition to the amount calculated under
division (A)(1) of this section.
(3)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(3)(2)(a)
of
this section applies, the
department
shall adjust the
recognized
valuation used in
the
calculation
under
division (A)(1)
of this
section
by subtracting
from it the amount
calculated under
division (A)(3)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means
the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
(Cost-of-doing-business factor X
the formula amount X formula ADM) +
the sum of the base funding supplements
prescribed in divisions (C)(1) to (4)
of section 3317.012 of the Revised Code +
the sum of the amounts calculated for the district under
sections 3317.029 and 3317.0217 of the Revised Code
The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children with disabilities whose
handicaps disabilities are described
in division
(B) of section
3317.013 or division (F)(3) of section
3317.02 of the Revised
Code, behavioral intervention,
interpreter
services, work study,
nursing services, and
specialized
integrative services as those
terms are defined by the department;
(b) Speech and language services provided to any
student
with
a handicap disability, including any student whose primary or
only
handicap disability is a speech and language handicap disability;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 3317.024 of the Revised Code;
(e) Any other related service needed by
handicapped children
with disabilities in accordance with their individualized
education plans programs.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(5) "Preschool scholarship ADM" means the number of
handicapped preschool children with disabilities reported under
division (B)(3)(h) of section 3317.03 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentage X
the formula amount for the year for which
the aid is calculated X the district's
total special education weight
(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) X the district's
total special education weight X the formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a
district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002, twenty-five thousand seven hundred
dollars in fiscal years 2003, 2004, and 2005, and twenty-six
thousand five hundred dollars in fiscal years 2006 and 2007
twenty-seven thousand three hundred seventy-five dollars in fiscal
years 2008 and 2009;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002,
thirty
thousand eight hundred forty dollars in fiscal years 2003, 2004,
and 2005, and thirty-one thousand eight hundred dollars in fiscal
years 2006 and 2007 thirty-two thousand eight hundred fifty
dollars in fiscal years 2008 and 2009.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004,
2005, 2006, and 2007 2008 and 2009.
(b) For the provision of speech language pathology services
to students,
including students
who do
not have
individualized
education
programs prepared for
them under
Chapter
3323. of the
Revised
Code, and for
no
other purpose, the department of
education shall
pay each
school district an
amount calculated
under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X
the state share percentage
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
(cost-of-doing-business factor X
formula amount X
the sum of categories
one through six special education ADM) +
(total special education weight X formula amount)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of handicapped children with disabilities,
compliance with state
rules governing the education of handicapped
children with disabilities and
prescribing the continuum of
program options for handicapped
children with disabilities,
provision of speech language pathology services, and the portion
of the school district's overall
administrative and overhead costs
that are attributable to the
district's special education student
population.
The scholarships deducted from the school district's account
under section 3310.41 or 3310.55 of the Revised Code shall be
considered to be an approved special education and related
services expense for the purpose of the school district's
compliance with division (C)(5) of this section.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the
provision of speech language pathology services not less than the
sum of the amount calculated under division (C)(1) of this section
for the students in the district's category one special education
ADM and the amount calculated under division (C)(4) of this
section.
The scholarships deducted from the school district's account
under section 3310.55 of the Revised Code for students counted in
the district's category one special education ADM shall be
considered to be an approved speech language pathology services
expense for the purpose of the school district's compliance with
division (C)(6) of this section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units for preschool
children with disabilities, plus the
number
of nonpublic school
students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted
in a
finding that an average efficient transportation use
cost per
student
can be calculated by means of a regression
formula that
has as its two
independent variables the number of
daily bus miles
per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles)
X density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -
county rough road percentage)/(maximum rough road
percentage - statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)]
(i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (G) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses. Vocational educational expenses
approved by the department shall include only expenses connected
to the delivery of career-technical programming to
career-technical students. The department shall require the school
district to report data annually so that the department may
monitor the district's compliance with the requirements regarding
the manner in which funding received under division (E)(1) of this
section may be spent.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X the formula amount X
the sum of categories one and two vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) The actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three and three-tenths mills times
the district's
recognized valuation. The department annually shall
pay
each
school
district as an excess cost supplement any amount
by
which
the sum
of the district's attributed local shares for
that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X
[(total vocational education weight X
the formula amount) + the payment under
division (E)(2) of this section]
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(O)(P) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental
teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(6), (7), (8),
(9), (10), (11),
or (12)
of
that
section who are enrolled
in a vocational education
class
or
receiving special education;
and minus twenty per cent of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two
dollars.
(C) If a positive amount, add one-half of the amount
obtained
by multiplying the number of full-time equivalent
classroom
teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village
school district to which a governing board of
an
educational
service center provides services
pursuant to section
3313.843 of
the Revised
Code, deduct the amount of the payment
required for
the
reimbursement of the governing board under
section 3317.11 of
the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (J) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both of the following:
(a) An amount equal to the greater of the following:
(i) The fiscal year 2005 formula amount times the fiscal year
2005 cost of
doing
business factor of the school district where
the student is
entitled to attend
school pursuant to section
3313.64 or 3313.65
of the Revised
Code;
(ii) The sum of (the current formula amount times the current
cost-of-doing-business factor of the school district when the
student is entitled to attend school pursuant to section 3313.64
or 3313.65 of the Revised Code) plus the per pupil amount of the
base funding supplements specified in divisions (C)(1) to (4) of
section 3317.012 of the Revised Code.
(b) An amount equal to the current formula amount times the
state
share
percentage times any multiple applicable to the
student
pursuant to section
3317.013 or 3317.014 of the Revised
Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the
student is
entitled to attend school pursuant to section
3313.64
or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
(M) If the department pays a joint vocational school district
under division (G)(4) of section 3317.16 of the Revised Code for
excess costs of providing special education and related services
to a handicapped student with a disability, as calculated under
division (G)(2) of that section, the department shall deduct the
amount of that payment from the city, local, or exempted village
school district that is responsible as specified in that section
for the excess costs.
(N)(1) If the district reports an amount of excess cost for
special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall pay that
amount to the district.
(2) If the district reports an amount of excess cost for
special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall deduct
that amount from the district of residence of that child.
(O) If the department of job and family services presents to
the department of education a payment request through an
intrastate transfer voucher for the nonfederal share of
reimbursements made to a school district for medicaid services
provided by the district, the department of education shall pay
the amount of that request to the department of job and family
services and shall deduct the amount of that payment from the
district.
(P) If the department is required to pay an amount under
section 3353.25 of the Revised Code to a school district
delivering a course included in the clearinghouse established
under section 3353.21 of the Revised Code for a student enrolled
in a school district, the department shall deduct that amount from
the school district in which the student is enrolled.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(I),
(K), (L), and (N) of this
section shall be
distributed to
school districts meeting
the requirements of
section 3317.01 of
the Revised Code;
in the case of divisions (G)
and (L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (D) and (J)
of this section, to
county MR/DD
boards; in the case of division
(N)
of this section,
to joint
vocational school districts; in the
case of division (H) of this
section, to
cooperative education
school districts; and in the
case of division (M) of
this section,
to the institutions defined
under section 3317.082 of the
Revised
Code providing elementary or
secondary education programs to
children
other than children
receiving special education under
section 3323.091 of the
Revised
Code. The following shall be
distributed monthly, quarterly, or
annually as may be determined
by the state board of education:
(A) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(B) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting
eligible
pupils with disabilities attending a special education program
approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(J) An amount for each county MR/DD board,
distributed on
the
basis of standards adopted by the state board of education,
for
the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit
shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(M) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years 2004, 2005, 2006, and 2007
2008 and 2009.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.025. On or before the first day of June of each
year, the tax commissioner shall certify the following
information
to the department of education and the office of budget and
management, for each school
district in which
the value of the
property described under
division (A) of this
section exceeds one
per cent of the taxable
value of all real and
tangible personal
property in the district
or in which is located
tangible personal
property designed for
use or used in strip
mining operations,
whose taxable value
exceeds five million
dollars, and the taxes
upon which the
district is precluded from
collecting by virtue of
legal
proceedings to determine the value
of such property:
(A) The total taxable value of all property in the
district
owned by a public utility or railroad that has filed a
petition
for reorganization under the "Bankruptcy Act," 47 Stat.
1474
(1898), 11 U.S.C. 205, as amended, and all tangible personal
property in the district designed for use or used in strip mining
operations whose taxable value exceeds five million dollars upon
which have not been paid in full on or before the first day of
April of that calendar year all real and tangible personal
property taxes levied for the preceding calendar year and which
the district was precluded from collecting by virtue of
proceedings under section 205 of said act or by virtue of legal
proceedings to determine the tax liability of such strip mining
equipment;
(B) The percentage of the total operating taxes charged
and
payable for school district purposes levied against such
valuation
for the preceding calendar year
that have not been
paid by
such
date;
(C) The product obtained by multiplying the value
certified
under division (A) of this section by the percentage
certified
under
division (B) of this section. If the value certified under
division (A) of this section includes taxable property owned by a
public utility or railroad that has filed a petition for
reorganization under the bankruptcy act, the amount used in
making
the calculation under this division shall be reduced by
one per
cent of the total value of all real and tangible personal
property
in the district or the value of the utility's
or railroad's
property, whichever is less.
Upon receipt of the certification, the department shall
recompute the payments required under section 3317.022
of the
Revised Code in the manner the payments would
have been computed
if:
(1) The amount certified under division (C) of this
section
was not subject to taxation by the district and was not
included
in the certification made under division (A)(1), (A)(2), or
(D) of
section 3317.021 of the Revised Code.
(2) The amount of taxes charged and payable and unpaid and
used to make the computation under division (B) of this section
had not been levied and had not been used in the computation
required by division (B) of section 3317.021 of the Revised Code.
The department shall pay the district that amount in the ensuing
fiscal year in lieu of the amounts computed under
section
3317.022
of the Revised Code.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.026. (A) As used in this section,
"refunded
taxes"
means taxes charged and payable from
real and tangible
personal
property, including public utility
property, that have
been found
to have been overpaid as the
result of reductions in
the taxable
value of such property and that
have been refunded,
including any
interest or penalty refunded
with those taxes. If
taxes are
refunded over a period of time pursuant to
division
(B)(2), (3),
or (4) of section 319.36 or division (C) of
section
5727.471 of
the Revised Code,
the total amount of taxes required
to be
refunded, excluding any interest
accruing after the day the
undertaking is entered into, shall be considered to
have been
refunded on the day the first portion of the overpayment is paid
or
credited.
(B) Not later than the last day of February each year,
each
county auditor shall certify to the tax commissioner, for
each
school district in the county, the amount of refunded taxes
refunded
in the preceding calendar year and the reductions in
taxable value that
resulted in those refunds, except for
reductions in taxable value that
previously have been reported to
the tax commissioner on an
abstract. If the tax commissioner
determines that
the amount of refunded taxes certified for a
school district
exceeds three per cent of the total taxes charged
and payable for current
expenses of the school district for the
calendar year in which those taxes
were refunded, the tax
commissioner shall certify the
reductions in taxable value that
resulted in those refunds on or before the
first day of June to
the department of education and the office of budget and
management. Upon receiving the
certification by
the tax
commissioner, the department of
education shall reduce the
total
taxable value of the school
district, as defined in section
3317.02 of the
Revised Code, by the total amount of the
reductions
in taxable value that resulted in those refunds for the purpose of
computing the SF-3 payment state education aid for
the school
district for the current
fiscal year. The
increase in the
amount
of such aid resulting from the adjustment
required by
this section
shall be paid to the school district on
or before
the thirty-first
day of July of
the following fiscal year. The payment date shall
be determined by the director of budget and management. The
director shall select a payment date that is not earlier than the
first day of June of the current fiscal year and not later than
the thirty-first day of July of the following fiscal year. The
department of education shall not pay the district under this
section prior to approval by the director of budget and management
to make that payment.
If an adjustment is
made under this
division in
the
amount
of
state aid paid to a
school district, the tax value
reductions
from
which that
adjustment results shall not be used in
recomputing aid
to a
school district under section 3317.027 of the
Revised Code.
(C) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which an adjustment is made under this section,
the amount of the adjustment shall be reduced and transferred in
accordance with division (C) of section 3316.20 of the Revised
Code.
(D) Not later than the first day of June each year, the tax
commissioner shall certify to the department of education and the
office of budget and management for
each
school district the total
of the increases in taxable value
above
the amount of taxable
value on which tax was paid, as
provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code, as
determined by the
commissioner, and for which a
notification was
sent pursuant to
section 5727.471 of the Revised
Code, in the
preceding calendar
year.
Upon receiving the
certification, the
department shall
increase
the total taxable
value, as defined in
section 3317.02 of
the
Revised Code, of the
school district by the
total amount of
the
increase in taxable
value certified by the
commissioner for
the
school district for
the purpose of computing
the school
district's
SF-3 payment state education aid for the
following
fiscal year.
Sec. 3317.027. On or before the fifteenth day of May of
each
year, the tax commissioner shall certify to the department
of
education and the office of budget and management:
(A) The amount by which applications filed under section
5713.38 of the Revised Code or complaints filed under section
5715.19 of the Revised Code resulted in a reduction in the second
preceding year's taxable value in each school district in which
such a reduction occurred, and the amount by which such reduction
reduced the district's taxes charged and payable for such year;
and
(B) The taxes charged and payable for the second preceding
tax year that were remitted under section 5713.081 of the Revised
Code and the taxable value against which such taxes were imposed.
Upon receipt of such certifications, the department shall
recompute the district's SF-3 payment state education aid and
determine the amount that the SF-3 payment state education aid
would have
been paid had the taxable value not been used in the
computation
made under division (A)(1) of section 3317.021 of the
Revised Code
and
had the taxes charged and payable not been
included
in the
certification made under division (A)(3) of such
section. The
department shall calculate the amount that the
remainder of the fiscal year's
payments should have been for the
fiscal year
including the amount of the SF-3 payment state
education aid as recomputed. The increase or decrease in the
amount of aid resulting from the adjustment required under this
section shall be paid to the school district on or before the
thirty-first day of July of the following fiscal year. The payment
date shall be determined by the director of budget and management.
The director shall select a payment date that is not earlier than
the first day of June of the current fiscal year and not later
than the thirty-first day of July of the following fiscal year.
The department of education shall not pay the district under this
section prior to approval by the director of budget and management
to make that payment.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.028. (A) On or before the fifteenth day of May in
each calendar year prior to calendar year 2007, the tax
commissioner shall determine for each
school district whether the
taxable value of all tangible
personal
property, including utility
tangible personal property,
subject to
taxation by the district in
the preceding tax year was
less or
greater than the taxable value
of such property during
the second
preceding tax year. If any such
decrease exceeds five
per cent of
the district's tangible personal
property taxable
value included
in the total taxable value used in
computing the district's
SF-3 payment state education aid for the
fiscal year that ends in the
current calendar
year, or if any such
increase exceeds five per
cent of the
district's total taxable
value used in computing the district's
SF-3 payment state
education aid for the fiscal year that ends in the
current
calendar
year, the tax commissioner shall certify both of the
following to
the
department of education and the office of budget
and management:
(1) The taxable value of the tangible personal property
increase or decrease, including utility tangible personal
property
increase or decrease, which shall be considered a change
in
valuation;
(2) The decrease or increase in taxes charged and payable
on
such change in taxable value calculated in the same manner as
in
division (A)(3) of section 3317.021 of the Revised Code.
(B) On or before May 15, 2007, and the fifteenth day of May
in each calendar year thereafter, the tax commissioner shall
determine for each school district whether the taxable value of
all utility tangible personal property subject to taxation by the
district in the preceding tax year was less or greater than the
taxable value of such property during the second preceding tax
year. If any decrease exceeds five per cent of the district's
tangible personal property taxable value included in the total
taxable value used in the district's state aid computation for the
fiscal year that ends in the current calendar year, or if any
increase exceeds five per cent of the district's total taxable
value used in the district's state education aid computation for
the fiscal year that ends in the current calendar year, the tax
commissioner shall certify both of the following to the department
of education and the office of budget and management:
(1) The taxable value of the utility tangible personal
property increase or decrease, which shall be considered a change
in valuation;
(2) The decrease or increase in taxes charged and payable on
such change in taxable value calculated in the same manner as in
division (A)(3) of section 3317.021 of the Revised Code.
(C) Upon receipt of a certification specified in this
section, the department of
education shall reduce or increase by
the respective amounts
certified and the taxable value and the
taxes charged and payable
that were used in computing the
district's SF-3 payment state education aid for the fiscal
year
that ends
in the current calendar year and shall recompute
the
SF-3 payment state education aid for
such fiscal year. The
department shall pay the district a sum
equal to one-half of
the
recomputed payments in lieu of the
payments otherwise required
under that section on or before the thirty-first day of July of
the following fiscal year to or deduct from the district an amount
equal to one-half of the difference between the district's state
education aid prior to the recomputation under this section and
the district's recomputed state education aid. The payment date
shall be determined by the director of budget and management. The
director shall select a payment date that is not earlier than the
first day of June of the current fiscal year and not later than
the thirty-first day of July of the following fiscal year. The
department of education shall not pay the district under this
section prior to approval by the director of budget and management
to make that payment.
(D) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.029. (A) As used in this section:
(1)
"Poverty percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an
antecedent program known as TANF or ADC for the preceding five
years, as
certified or
adjusted
under
section 3317.10
of the
Revised Code,
by the
district's
three-year
average formula
ADM.
(2)
"Statewide
poverty percentage" means the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC for the preceding five years, divided by
the
sum of the
three-year average formula
ADMs
for
all school
districts in the
state.
(3)
"Poverty index"
means the quotient obtained by dividing
the
school district's poverty percentage
by the statewide
poverty
percentage.
(4) "Poverty student count" means the
five-year
average
number of children ages five to seventeen
residing in the
school
district and living in a family receiving
assistance under
the
Ohio works first program or an antecedent
program known as
TANF or
ADC for the preceding five years, as certified under section
3317.10
of the Revised
Code.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under
division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised
Code.
(6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b)
of this section the
number of special education students
in grades
kindergarten
through three.
"Kindergarten through third grade ADM" shall not include any
students reported under division (B)(3)(e), (f), or (g) of section
3317.03 of the Revised Code.
(7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day as for pupils
in grades one through
six.
(8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(9) "All-day kindergarten ADM" means the number of students
reported under section 3317.03 of the Revised Code as enrolled in
all-day kindergarten, excluding any kindergarten students reported
under division (B)(3)(e), (f), or (g) of that section.
(10) "Academic distress percentage" means the quotient of the
number of district-operated buildings in the school district
designated under section 3302.03 of the Revised Code as in a state
of academic watch or academic emergency, divided by the total
number of buildings in the district that were open for instruction
during the same school year to which the ratings apply.
(11) "Statewide academic distress percentage" means the
quotient of the statewide number of school district buildings and
community schools designated under section 3302.03 of the Revised
Code as in a state of academic watch or academic emergency,
divided by the statewide total number of school district buildings
and community schools that were open for instruction during the
same school year to which the ratings apply.
(12) "Academic distress index" means the quotient of the
school district's academic distress percentage, divided by the
statewide academic distress percentage.
(13)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with that meet either of the
following criteria:
(a) Are in school improvement status pursuant to the "No
Child Left Behind Act of 2001," as defined in section 3302.01 of
the Revised Code;
(b) Have percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least
as high as the
district-wide percentage of
students
receiving
such
assistance. However, the district shall give priority to any of
those buildings that have been declared to be in a state of
academic watch or academic emergency under section 3302.03 of the
Revised Code.
If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first
percentage in each building,
"buildings with
the
highest
concentration of need" has the
meaning
given in rules
that
the
department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the
The department of education shall compute and distribute to for
each school district for poverty-based assistance the greater of
the following:
(1) The amount the
district received in fiscal
year 2005 for
disadvantaged pupil impact aid pursuant to Section 41.10 of Am.
Sub. H.B. 95 of the 125th general assembly, as amended, minus the
amount deducted from the district under Section 16 of Am. Sub.
S.B. 2 of the 125th general assembly that year for payments to
internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to
(I) and (K) of
this section and shall pay that sum to the district
in accordance with division (A) of section 3317.022 of the Revised
Code.
(C) A payment for academic intervention
programs,
if the
district's poverty index is greater than or equal to 0.25,
calculated as follows:
(1) If the district's poverty index is greater than or equal
to 0.25, calculate the district's level one amount for large-group
academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal
to 0.25 but less than 0.75:
large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's
formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 $21.01 in fiscal year 2006
2008 and $20.40 $21.64 in fiscal year 2007 2009;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006
and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal
to 0.75:
large-group intervention units X hourly rate X
level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," and
"level one hours," and "phase-in percentage" have the same
meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal
to 0.75, calculate the district's level two amount for
medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal
to 0.75 but less than 1.50:
medium-group intervention units X hourly rate
X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}
X phase-in percentage
(i) "Medium group intervention units" equals the district's
formula ADM divided by 15;
(ii) "Hourly rate," and "level one hours," and "phase-in
percentage" have the same meanings as in division (C)(1)(a) of
this section.
(b) If the district's poverty index is greater than or equal
to 1.50:
medium-group intervention units X hourly rate X
level two hours X phase-in percentage
(i) "Medium group intervention units" has the same meaning as
in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have has the
same meanings meaning as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal
to 1.50, calculate the district's level three amount for
small-group academic intervention for impoverished students as
follows:
(a) If the district's poverty index is greater than or equal
to 1.50 but less than 2.50:
small group intervention units X hourly rate X
{level one hours + [level three hours X
(poverty index – 1.50)]} X phase-in percentage
(i) "Small group intervention units" equals the quotient of
(the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," and "level one hours," and "phase-in
percentage" have the same meanings as in division (C)(1)(a) of
this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal
to 2.50:
small group intervention units X hourly rate
X level three hours X phase-in percentage
(i) "Small group intervention units" has the same meaning as
in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have has the
same meanings meaning as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3)
of this section annually shall submit to the department of
education by a date established by the department a plan
describing how the district will deploy those funds. The
deployment measures described in that plan shall comply with any
applicable spending requirements prescribed in division (J)(6) of
this section or with any order issued by the superintendent of
public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
poverty index
of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a
payment under this division to any school district that, in a
prior fiscal year, qualified for this payment and provided all-day
kindergarten, regardless of changes to the district's poverty
index. The department shall calculate the payment under this
division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment for increased classroom
learning opportunities based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as
follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
poverty index of the school
district as follows:
(a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number
of
teachers per one thousand students at a student-teacher
ratio
of twenty to one;
(b) If the poverty index of the school
district is greater
than
or equal to 1.0, but less than
1.5, the
formula number of
teachers is calculated as
follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667}
Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the
interval from a
poverty index of 1.0 to a
poverty index of
1.5;
and 16.667 is the difference in the number of
teachers per one
thousand students at a student-teacher ratio of
fifteen to one and
the number of teachers per one thousand
students at a
student-teacher ratio of twenty to
one.
(c) If the
poverty index of the school district is greater
than
or equal to
1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
50.0, which is the
number of teachers per one thousand students
at
a student-teacher ratio of
twenty to one, and divide that
product
by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers compensation. For this purpose, the "statewide average
teacher compensation" is $53,680 $56,754 in fiscal year 2006 2008
and $54,941 $58,621 in fiscal year 2007 2009, which includes an
amount for the value of fringe benefits.
(F) A payment for services to limited English proficient
students, if the district's poverty index is greater than or equal
to 1.0 and the proportion of its students who are limited English
proficient, as reported in 2003 on its school district report
issued under section 3302.03 of the Revised Code for the 2002-2003
school year, is greater than or equal to 2.0%, calculated as
follows:
(1) If the district's poverty index is greater than or equal
to 1.0, but less than 1.75, determine the amount per limited
English proficient student as follows:
{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}
X formula amount
(2) If the district's poverty index is greater than or equal
to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount
(3) Multiply the per student amount determined for the
district under division (F)(1) or (2) of this section by the
number of the district's limited English proficient students,
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70
in fiscal year 2007 years 2008 and 2009. For purposes of this
calculation, the number of limited English proficient students for
each district shall be the number determined by the department
when it calculated the district's percentage of limited English
proficient students for its school district report card issued in
2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education
shall recommend to the general assembly and the director of budget
and management a method of identifying the number of limited
English proficient students for purposes of calculating payments
under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if
the district's poverty index is greater than or equal to 1.0,
calculated as follows:
(1) If the district's poverty index is greater than or equal
to 1.0, but less than 1.75, determine the amount per teacher as
follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district's poverty index is greater than or equal
to 1.75, the amount per teacher equals:
0.045 X formula amount
(3) Determine the number of teachers, as follows:
(formula ADM/17)
(4) Multiply the per teacher amount determined for the
district under division (G)(1) or (2) of this section by the
number of teachers determined under division (G)(3) of this
section, times a phase-in percentage of 0.40 in fiscal year 2006
and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a
big eight school district as defined in section 3314.02 of the
Revised Code, calculated as follows:
0.005 X formula amount X poverty index
X formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006
and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an
urban school district as defined in section 3314.02 of the Revised
Code, calculated as follows:
0.005 X formula amount X poverty index X
formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006
and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
poverty index is 1.0 or greater. that receive more than ten
thousand dollars under this section. Each such district shall use
funds paid under this section only for one or more of the
following purposes:
(1) Each school district subject to this division shall
first
utilize
funds received under this section so that, when
combined
with other funds
of the district, sufficient funds exist
to To
provide all-day
kindergarten to at least the number of children
in
the district's all-day
kindergarten percentage. To satisfy this
requirement, a district may use funds paid under division (C),
(F), (G), (H), or (I) of this section to provide all-day
kindergarten in addition to the all-day kindergarten payment under
division (D) of this section. ADM;
(2) Except as permitted under division (J)(1) of this
section, each school district shall use its payment under division
(F) of this section for To provide services to students with
limited English proficiency through one or more of the following
purposes activities:
(a) To hire Hiring teachers for limited English proficient
students or other personnel to provide intervention services for
those students;
(b) To contract Contracting for intervention services for
those students;
(c) To provide Providing other services to assist those
students in passing the third-grade reading achievement test, and
to provide for those students the intervention services required
by section 3313.608 of the Revised Code.
(3) Except as permitted under division (J)(1) of this
section, each school district shall use its payment under division
(G) of this section for To provide professional development of
teachers or other licensed personnel providing educational
services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded High quality professional development
activities that are research-based, as defined in federal law by
state standards developed under section 3319.61 of the Revised
Code;
(d) Professional learning communities.
In addition, each district that elects to use funds paid
under this section for professional development shall use the
payment only to implement programs identified on a list of
eligible professional development programs provided by the
department of education. The department annually shall provide the
list to each district receiving a payment under division (G) of
this section. However, a district may apply to the department for
a waiver to implement an alternative professional development
program in one or more of the areas specified in divisions
(J)(3)(a) to (c) of this section. If the department grants the
waiver, the district may use its payment under division (G) of
this section to implement the alternative program.
(4) Except as permitted under division (J)(1) of this
section, each big eight school district shall use its payment
under division (H) of this section either for For preventing
at-risk students from dropping out of school, for safety and
security measures described in division (J)(5)(b) of this section,
for academic intervention services described in division (J)(6) of
this section, or for a combination of those purposes. Not later
than September 1, 2005 2007, the department of education shall
provide each big eight school district receiving a payment under
this section with a list of dropout prevention programs that it
has determined are successful. The department subsequently may
update the list. Each district that elects to use its payment
under division (H) of this section for dropout prevention shall
use the payment only to implement a dropout prevention program
specified on the department's list. However, a district may apply
to the department for a waiver to implement an alternative dropout
prevention program. If the department grants the waiver, the
district may use its payment under division (H) of this section to
implement the alternative program.
(5) Except as permitted under division (J)(1) of this
section, each urban school district that has a poverty index
greater than or equal to 1.0 shall use its payment under division
(I) of this section for For one or a combination of the following
purposes:
(a) To hire or contract for community liaison officers,
attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are
free of drugs and violence and have a disciplined environment
conducive to learning in accordance with safe school guidelines
adopted by the state board of education;
(c) To implement academic intervention services
described in
division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this
section, each school district with a poverty index greater than or
equal to 1.0 shall use the amount of its payment under division
(C) of this section, and may use any amount of its payment under
division (H) or (I) of this section, for academic intervention
services, designed in accordance with student intervention
guidelines adopted by the state board, for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code, including
intervention services required by section
3313.608 of the Revised
Code. Except as permitted under division (J)(1) of this section,
no district shall spend any portion of its payment under division
(C) of this section for any other purpose. Notwithstanding any
provision to the contrary in Chapter 4117. of the Revised Code, no
collective bargaining agreement entered into after June 30, 2005,
shall require use of the payment for any other purpose.
(7) Except as otherwise required by division (K) or
permitted
under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index
greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of
For increased classroom learning opportunities by increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals, issued a permit or license under
section
3319.088 of the Revised Code, who are engaged in classroom support
activities;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(8) For early childhood programs or early learning programs,
as defined by the department of education, for children age three
or four who are not eligible for kindergarten;
(9) To furnish, free of charge, materials used in courses of
instruction, except for the necessary textbooks or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(10) For programs designed to reduce nonacademic barriers to
learning, in accordance with guidelines developed by the
department of education;
(11) For start-up costs associated with school breakfast
programs provided pursuant to section 3313.813 of the Revised
Code.
A school district may apply to the department, in the form
and manner prescribed by the department, for a waiver to spend
funds paid under this section for programs not described in
divisions (J)(1) to (11) of this section. The waiver application
shall specify the rationale for the alternative expenditure and
the intended benefits for disadvantaged students. If the
department grants the waiver, the district may use funds paid
under this section to implement the alternative program.
(K) Each district
shall not expend any funds
received under
division (E) of this
section in
any school buildings that are not
buildings with the
highest concentration of
need, unless there is
a ratio of
instructional personnel to students of no
more than
fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division
does not require
that the funds used in
buildings with the highest
concentration of
need be spent solely
to reduce the ratio of
instructional
personnel to students in
kindergarten and first
grade. A school
district may spend the
funds in those buildings in
any manner
permitted by division
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one
ratio
required by this division is attained. A payment for
assistance in closing the achievement gap, calculated as follows:
(1) In fiscal year 2008 the department shall pay each school
district that has both a poverty index that is greater than or
equal to 1.0 and an academic distress index, as determined based
on the most recent report card issued under section 3302.03 of the
Revised Code, that is greater than or equal to 1.0, an amount
calculated in accordance with the following formula:
poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(a) If the district received a payment under division (K)(1)
of this section for fiscal year 2008, and its academic distress
percentage for fiscal year 2009, as determined based on the most
recent report card issued under section 3302.03 of the Revised
Code, is less than its academic distress percentage for fiscal
year 2008, the department shall pay the district the product of
its payment under division (K)(1) of this section for fiscal year
2008 times 1.035.
(b) If the district received a payment under division (K)(1)
of this section for fiscal year 2008, and its academic distress
percentage for fiscal year 2009, as determined based on the most
recent report card issued under section 3302.03 of the Revised
Code, is greater than or equal to its academic distress percentage
for fiscal year 2008, the department shall pay the district the
same amount as its payment under division (K)(1) of this section
for fiscal year 2008.
(c) If the district did not receive a payment under division
(K)(1) of this section for fiscal year 2008, and it has both a
poverty index that is greater than or equal to 1.0 and an academic
distress index, as determined based on the most recent report card
issued under section 3302.03 of the Revised Code, that is greater
than or equal to 1.0 for fiscal year 2009, the department shall
pay the district an amount calculated in accordance with the
following formula:
poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(L)(1) By the first day of August of each fiscal year, each
This division applies only to funds paid under division (K)(2)(b)
of this section.
(1) If applicable, each school district shall use the funds
for any necessary expenses for the continued operation of a school
district academic distress commission appointed under section
3302.10 of the Revised Code.
(2) After satisfying the requirement of division (L)(1) of
this section, each district shall spend the remaining funds only
for one or more of the following purposes and only in buildings
with the highest concentration of need:
(a) Assistance in improving student performance;
(b) Professional development for teachers and administrators;
(c) Assistance in recruiting and retaining teachers and
administrators.
(M)(1) Each
school district wishing to receive any funds
under division (D)
of
this section shall submit to the department
of
education an
estimate of its the number of students attending
all-day kindergarten percentage when reporting formula ADM under
section 3317.03 of the Revised Code.
Each district
shall update
its estimate throughout the
fiscal year in the form
and manner
required by the department,
and the department shall
adjust
payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code, shall
determine for
each school district subject to division (J) of
this
section
whether in the preceding fiscal year the
district's ratio
of
instructional personnel to students and its number
of
kindergarten
students receiving all-day kindergarten appear
reasonable, given
the amounts of money the district
received for
that fiscal year
pursuant to divisions (D) and (E) of
this
section. If the
department is unable to verify from the
data
available that
students are receiving reasonable amounts of
instructional
attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest
concentration of
need as required by division (K) of this
section,
the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section.
The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each
house of the
general assembly dealing with
finance and education.
(M)(1)(2) Each school district with a poverty index less than
1.0 that receives a payment under division (D) of this section
shall first utilize funds received
under this section so that ,
when combined with other funds of the
district,
sufficient
funds
exist division to provide all-day kindergarten to at least the
number
of
children in the district's all-day
kindergarten
percentage.
To satisfy this requirement, a district may use funds
paid under division (C) or (I) of this section to provide all-day
kindergarten in addition to the all-day kindergarten payment under
division (D) of this section.
(2)(N) Except as permitted under division (M)(1) of this
section, each school district with a poverty index less than 1.0
that receives a payment under division (C) of this section shall
use its payment under that division in accordance with all
requirements of division (J)(6) of this section.
(3) Except as permitted under division (M)(1) of this
section, each school district with a poverty index less than 1.0
that receives a payment under division (I) of this section shall
use its payment under that division for one or a combination of
the following purposes:
(a) To hire or contract for community liaison officers,
attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are
free of drugs and violence and have a disciplined environment
conducive to learning;
(c) To implement academic intervention services
described in
division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or
(3) of this section applies shall expend the
remaining
funds
received under this
section, and
any other
district with a
poverty
index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes:
(a) The purchase of technology for
instructional purposes for
remediation;
(b) All-day kindergarten;
(c) Reduction of class sizes in grades kindergarten through
three, as described in division (J)(7) of this section;
(d) Summer school remediation;
(e) Dropout prevention programs approved by the department of
education under division (J)(4) of this section;
(f) Guaranteeing that all third graders are
ready to
progress
to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start, preschool, early childhood education, or
early learning programs;
(j) Reading improvement and remediation programs described
by
the
department of education;
(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(l) Furnishing, free of charge, materials used in
courses
of
instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
(N)(O) If at any time the superintendent of public
instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less fewer than
the number of all-day
kindergarten
percentage students reported
for that fiscal year, the
superintendent
shall withhold from the
funds otherwise due the
district under
this section a proportional
amount as determined by
the difference in the
certified all-day
kindergarten percentage ADM
and the percentage actually enrolled
in actual
all-day kindergarten ADM.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(O)(P)(1) A district may use a portion of the funds
calculated
for
it paid under division (D) of this section to
modify or purchase
classroom space to provide all-day
kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (J)(7) of paid under this section to modify or purchase
classroom
space to enable it to further reduce class size in
grades
kindergarten through two with a goal of attaining class
sizes of
fifteen students per licensed teacher. To do so, the
district
must certify its need for additional space to the
department, in a
manner satisfactory to the department.
(Q) Not later than the thirtieth day of September each year,
each school district paid more than ten thousand dollars under
this section shall report to the department, in the form and
manner prescribed by the department, how the district deployed
funds received under this section in the prior fiscal year. If a
school district does not meet adequate progress standards as
defined by the department, the department shall make
recommendations to the district for deploying funds under this
section in a more effective manner.
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the taxes charged and payable as
certified under
division (A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts reported under division (A)(3)(b) of that
section,
and
the tax distribution for the preceding year under any school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from the
income tax is allocated or apportioned to current
expenses.
(2)
"Charge-off amount" means two and three-tenths per cent
multiplied by (the sum of recognized
valuation and property
exemption value).
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(4) "Current expense revenues from the tangible property tax
replacement fund" means payments received from the school district
tangible property tax replacement fund or the general revenue fund
under section 5751.21 of the Revised Code for fixed-rate levies
for current expenses and for fixed-sum levies for current
expenses, including school district emergency levies under
sections 5705.194 to 5705.197 of the Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the sum of the
district's
total
taxes charged and payable for current
expenses
and current expense revenues from the tangible property tax
replacement fund, and if
the charge-off amount is greater,
shall
pay the district the amount of the
difference. A
payment shall not
be
made to any school district
for which the
computation under
division
(A) of section 3317.022
of the Revised
Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than the sum of its total
taxes charged and
payable for
current
expenses and current expense revenues from the tangible
property tax replacement fund, the
department shall, in addition
to
the payment
required under
division (B) of this section, pay
the
district the
amount of
its actual local share of special
education,
transportation, and
vocational
education
funding.
(2) If a district's charge-off amount is less than the sum of
its
total
taxes charged and payable for current expenses and
current expense revenues from the tangible property tax
replacement fund,
the department
shall pay the district any amount
by
which
its
actual local share
of
special education,
transportation, and vocational education
funding exceeds the sum
of its
total
taxes charged and payable for current
expenses and
current expense revenues from the tangible property tax
replacement fund minus its
charge-off amount.
(D) If a school district that received a payment under
division (B) or (C) of this section in the prior fiscal year is
ineligible for payment under those divisions in the current fiscal
year, the department shall determine if the ineligibility is the
result of a property tax or income tax levy approved by the
district's voters to take effect in tax year 2005 or thereafter.
If the department determines that is the case, and calculates that
the levy causing the ineligibility exceeded by at least one mill
the equivalent millage of the prior year's payment under divisions
(B) and (C) of this section, the department shall make a payment
to the district for the first three years that the district loses
eligibility for payment under divisions (B) and (C) of this
section, as follows:
(1) In the first year of ineligibility, the department shall
pay the district seventy-five per cent of the amount it last paid
the district under divisions (B) and (C) of this section.
(2) In the second year of ineligibility, the department shall
pay the district fifty per cent of the amount it last paid the
district under those divisions.
(3) In the third year of ineligibility, the department shall
pay the district twenty-five per cent of the amount it last paid
the district under those divisions.
(E) A district that receives payment under division (D) of
this section and subsequently qualifies for payment under division
(B) or (C) of this section is ineligible for future payments under
division (D) of this section.
(F) To enable the department of education to make the
determinations and to calculate payments under division (D) of
this section, on the effective date of this amendment March 30,
2006, and on or before the first day of March of each year
thereafter, the department shall send to the tax commissioner a
list of school districts receiving payments under division (B) or
(C) of this section for the current fiscal year. On or before the
first day of the following June, the tax commissioner shall
certify to the department of education for those school districts
the information required by division (A)(8) of section 3317.021 of
the Revised Code.
Sec. 3317.0217. The Payment of the amount calculated for a
school district under this section shall be made under division
(A) of section 3317.022 of the Revised Code.
The department of education shall annually compute and pay
state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
eligible
school
district in accordance with the following formula:
(threshold local wealth
per pupil - the
district's local
wealth per pupil) X 0.0075 parity millage
(1) Seven and one-half mills (0.0075) is an adjustment to the
original parity aid standard of nine and one-half mills, to
account for the general assembly's policy decision to phase-out
use of the cost-of-doing-business factor in the base cost formula
In fiscal year 2008, an "eligible school district" means a school
district with a local wealth per pupil less than that of the
school district with the four-hundred-eleventh lowest local wealth
per pupil. In fiscal year 2009, an "eligible school district"
means a school district with a local wealth per pupil less than
that of the school district with the three-hundred-sixty-eighth
lowest local wealth per pupil.
(2) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
(3) "Parity millage," in fiscal year 2008, equals 0.0080 and,
in fiscal year 2009, equals 0.0085.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X
(1 - income factor) X 4/15 X 0.023
(1) "Poverty index" has the same meaning as in section
3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(3) "Fiscal year 2005 cost-of-doing-business factor" means
the cost-of-doing-business factor in effect for fiscal year 2005
designated under former division (N) of section 3317.02 of the
Revised Code as that division existed in fiscal year 2005.
(E) Pay each district that has a combination of an income
factor of 1.0 or less, a poverty index of 1.0 or greater, and a
fiscal year 2005
cost-of-doing-business factor of 1.0375 or
greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its net
formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its net
formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its
net
formula ADM.
(G) As used in divisions (E) and (F) of this section, "net
formula ADM" means formula ADM minus the number of internet- and
computer-based community school students and scholarship students
reported under divisions (B)(3)(e), (f), and (g) of section
3317.03 of the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, except as provided in division (A)(2)(h) of
this section, any
student enrolled in kindergarten more
than half
time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM. Beginning in fiscal year 2007, each superintendent also shall
certify to the state board, for the schools under the
superintendent's supervision, the formula ADM for the first full
week in February. If a school under the superintendent's
supervision is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the formula ADM for that school for that week and
specify an alternate week for certifying the formula ADM of that
school.
The formula ADM shall consist of the average daily membership
during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a
compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections
3317.081 and 3323.141 of the
Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.63 of the Revised Code.
(2) On an FTE basis, except as provided in division (A)(2)(h)
of this section, the number of
students entitled to
attend school
in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades
kindergarten through twelve from one or more of the
following
entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.63 of the Revised Code. Each such
scholarship student who is enrolled in kindergarten shall be
counted as one full-time-equivalent student.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school.
(3) Twenty per cent of the number of students enrolled in a
joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
entitled to attend school in the
district pursuant to section
3313.64 or 3313.65 of the
Revised
Code who are placed by the
district with a
county MR/DD board, minus the
number of
such
children placed with a county
MR/DD board in fiscal year
1998. If
this calculation produces a negative number, the
number
reported
under division
(A)(4) of this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report
submitted for the first full week in February, or the alternative
week if specified by the superintendent of public instruction, the
number of students reported under division (A)(1) or (2) of this
section for the first full week of the preceding October but who
since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week
for which formula ADM is certified:
(1) The total average daily membership in regular day
classes
included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
with
disabilities enrolled as of the first day of
December in classes
in the
district that are eligible for approval
under division (B)
of section 3317.05 of the Revised
Code
and the number of those
classes, which shall be reported not
later than the
fifteenth day
of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter
3365. of the Revised
Code,
except when the
student is enrolled in the college while
also
enrolled in a community school
pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of
the
Revised Code;
(c) Enrolled in an adjacent or
other school district
under
section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter
3314.
of the Revised
Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in
such community
school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.63 of the Revised Code;
(h) Enrolled as a handicapped preschool child with a
disability in an alternative public provider or a registered
private provider with a scholarship awarded under section 3310.41
of the Revised Code;
(i) Participating in a
program operated by a county MR/DD
board
or a state
institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The combined average daily membership of
handicapped
children
with disabilities reported under division (A)(1) or (2)
of this
section receiving
special education
services
for the
category one
handicap disability described
in division (A)
of
section 3317.013 of the
Revised Code, including children attending
a special education program operated by an alternative public
provider or a registered private provider with a scholarship
awarded under sections 3310.51 to 3310.63 of the Revised Code;
(6) The combined average daily membership of handicapped
children
with disabilities reported under
division (A)(1) or (2)
of this section receiving
special
education services
for category
two
handicaps
disabilities described
in division
(B)
of section
3317.013 of the
Revised Code, including children attending a
special education program operated by an alternative public
provider or a registered private provider with a scholarship
awarded under sections 3310.51 to 3310.63 of the Revised Code;
(7) The combined average daily membership of handicapped
children
with disabilities reported under
division (A)(1) or (2)
of this section
receiving
special education services for
category
three handicaps
disabilities described
in division
(C)
of
section
3317.013
of the Revised Code, including children attending a
special education program operated by an alternative public
provider or a registered private provider with a scholarship
awarded under sections 3310.51 to 3310.63 of the Revised Code;
(8)
The combined average daily
membership of handicapped
children
with disabilities reported under division (A)(1)
or (2)
of this section receiving
special education services for
category
four handicaps disabilities described
in division (D) of section
3317.013 of the Revised Code, including children attending a
special education program operated by an alternative public
provider or a registered private provider with a scholarship
awarded under sections 3310.51 to 3310.63 of the Revised Code;
(9) The combined average daily membership of handicapped
children
with disabilities reported under division (A)(1) or (2)
of this section receiving
special education services for the
category five handicap
disabilities described
in division (E) of
section 3317.013 of the Revised Code, including children attending
a special education program operated by an alternative public
provider or a registered private provider with a scholarship
awarded under sections 3310.51 to 3310.63 of the Revised Code;
(10) The combined average daily membership of handicapped
children
with disabilities reported under division (A)(1) or (2)
and under division (B)(3)(h) of this section receiving
special
education services for category six handicaps disabilities
described in
division (F) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under either section 3310.41 or
sections 3310.51 to 3310.63 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(13) The average number of
children transported by the
school
district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of
education;
(14)(a) The number of children, other than
handicapped
preschool children with disabilities, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county
MR/DD board
in the current
fiscal year to
receive
special
education services
for the category one handicap
disability described in
division (A) of
section
3317.013
of the
Revised
Code;
(c) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county
MR/DD board
in the current
fiscal year to
receive
special
education services
for category two handicaps
disabilities described in
division (B) of
section
3317.013
of the
Revised
Code;
(d) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county
MR/DD board
in the current
fiscal year to
receive
special
education
services
for category three handicaps
disabilities described in
division
(C) of section
3317.013 of the
Revised
Code;
(e) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county MR/DD board
in the current fiscal year to
receive special education services
for category four handicaps
disabilities described in division (D) of section
3317.013 of the
Revised Code;
(f) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county MR/DD board
in the current fiscal year to
receive special education services
for the category five handicap
disabilities described in division (E) of
section
3317.013 of the
Revised Code;
(g) The number of handicapped children with disabilities,
other than
handicapped preschool children with disabilities,
placed with a county MR/DD board
in the current fiscal year to
receive special education services
for category six handicaps
disabilities described in division (F) of section
3317.013 of the
Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. or a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code shall be counted in the
formula ADM and, if applicable, the
category one, two, three,
four, five, or six
special education ADM
of the school district in
which the student
is entitled to attend
school under section
3313.64 or 3313.65 of
the Revised Code for
the same proportion of
the school year that
the student is counted
in the enrollment of
the community school
or the science,
technology, engineering, and mathematics school for purposes of
section 3314.08 or 3326.33 of the
Revised Code. Notwithstanding
the number of students reported
pursuant to division (B)(3)(d),
(e), or (j) of this section, the
department may adjust the
formula ADM of a school district to
account for students entitled
to attend school in the district
under section 3313.64 or 3313.65
of the Revised Code who are
enrolled in a community school or a
science, technology, engineering, and mathematics school for only
a portion of the school
year.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap disability described in section
3317.013
of
the Revised Code may be
counted both in formula
ADM
and in
category one, two,
three,
four, five, or six
special
education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM
in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM. Beginning in
fiscal year 2007, each superintendent also shall certify to the
state superintendent the formula ADM for the first full week in
February. If a school operated by the joint vocational school
district is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the formula ADM for that school for that week and
specify an alternate week for certifying the formula ADM of that
school.
The formula ADM, except
as otherwise provided in this
division, shall
consist of
the
average daily
membership during
such week, on an
FTE basis, of the
number of
students receiving
any educational
services from the
district,
including students
enrolled in a
community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of
the Revised
Code who are
attending the joint vocational district
under an
agreement
between the district board of education and the
governing
authority of the community school or the science, technology,
engineering, and mathematics school and are entitled to
attend
school in a city, local, or exempted village school
district whose
territory is part of the territory of the joint
vocational
district. Beginning in fiscal year 2007, in the case of
the
report submitted for the first week in February, or the
alternative week if specified by the superintendent of public
instruction, the superintendent of the joint vocational school
district may include the number of students reported under
division (D)(1) of this section for the first full week of the
preceding October but who since that week have received high
school diplomas.
The following categories
of students shall not be
included
in
the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a
compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which
formula ADM is certified:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children Children with disabilities receiving
special
education
services
for the category one handicap
disability described in
division (A)
of section 3317.013
of the
Revised Code;
(c) Handicapped children Children with disabilities receiving
special
education
services
for the category two handicaps
disabilities described in
division (B)
of section 3317.013
of the
Revised Code;
(d) Handicapped children
Children with disabilities receiving
special education
services for category three
handicaps
disabilities described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
Children with disabilities receiving
special education services
for category four handicaps
disabilities described in division (D) of section
3317.013 of the
Revised Code;
(f) Handicapped children Children with disabilities receiving
special education
services for the category five handicap
disabilities described in division (E)
of
section 3317.013 of the
Revised Code;
(g) Handicapped children Children with disabilities receiving
special education
services for category six handicaps disabilities
described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose
of determining average daily membership, the membership
figure of
any school shall not include any pupils except those
pupils
described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district
during the previous school year when tests were
administered under
section 3301.0711 of the Revised Code but did
not take one or more
of the tests required by that section and
was
not excused pursuant
to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil and a parent is
not paying tuition for the pupil pursuant to section 3313.6410 of
the Revised Code. The
superintendent may grant such a waiver only
for good cause in
accordance with rules adopted by the state board
of education.
Except as provided in
divisions (B)(2)
and (F) of
this
section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the
formula ADM is being certified by the total number
of days the
school was actually
open
for instruction during that
week. For
purposes of state
funding,
"enrolled" persons are only
those
pupils who are
attending school,
those who have attended
school
during the
current school year and
are absent for
authorized
reasons, and
those handicapped children
with disabilities
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall
the superintendent use an increased
membership certified to
the
superintendent after the
fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children with
disabilities that
are
eligible for approval under division (B) of
section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or
cooperative education school
district or educational
service
center shall make the
certifications required by this
section for
that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the
manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. or a science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code is not
included in the formula ADM
certified for the school
district in
which the student is entitled
to attend school under
section
3313.64 or 3313.65 of the Revised
Code, the department of
education shall adjust the formula ADM of
that school district to
include the community school student in
accordance with division
(C)(2) of this section, and shall
recalculate the school
district's payments under this chapter for
the entire fiscal year
on the basis of that adjusted formula ADM.
This requirement
applies regardless of whether the student was
enrolled, as
defined
in division (E) of this section, in the
community school
or the science, technology, engineering, and mathematics school
during
the week for which the formula ADM is
being certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
This requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
chartered nonpublic school, the school district, or a community
school during the week for which the formula ADM is being
certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all handicapped
children
with disabilities other than handicapped preschool
children with
disabilities receiving services at the institution
for each
category of handicap disability described in divisions
(A) to (F)
of section 3317.013 of the Revised Code;
(ii) The average
daily
membership of all handicapped
preschool children with disabilities in classes or
programs
approved annually by the department of education for unit funding
under section 3317.05 of the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the
Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
with
disabilities enrolled as of
the first day of December in classes
eligible for
approval
under division (B) of
section 3317.05 of the
Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children
with disabilities by
the county MR/DD board
that are eligible for
approval under
division (B) of section 3317.05 of the
Revised Code
is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification
required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section,
the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed
in the manner prescribed in
sections
3317.052 and
3317.053 of the
Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the formula ADM certified or reported by a
district superintendent, or other reporting entity, is not
correct, the superintendent of public instruction may order that
the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3317.031. A membership record shall be kept by grade
level in each city, local, exempted village, joint vocational,
and
cooperative education school district and such a record shall
be
kept by grade level in each educational
service center that
provides academic instruction to pupils, classes for handicapped
pupils with disabilities, or any other direct instructional
services to pupils.
Such membership record shall show the
following information for
each pupil enrolled: Name, date of
birth, name of parent, date
entered school, date withdrawn from
school, days present, days
absent, and the number of days school
was open for instruction
while the pupil was enrolled. At the end
of the school year this
membership record shall show the total
days present, the total
days absent, and the total days due for
all pupils in each grade.
Such membership record shall show the
pupils that are transported
to and from school and it shall also
show the pupils that are
transported living within one mile of the
school attended. This
membership record shall also show any other
information
prescribed by the state board of education.
This membership record shall be kept intact for at least
five
years and shall be made available to the state board of
education
or its representative in making an audit of the average
daily
membership or the transportation of the district or educational
service center. The
membership records of local school districts
shall be filed at
the close of each school year in the office of
the
educational service center superintendent.
The state board of education may withhold any money due any
school district or educational service center under sections
3317.022
to 3317.0211, 3317.11,
3317.16, 3317.17, or 3317.19 of
the Revised Code until it has
satisfactory evidence that the board
of education or educational service
center governing board has
fully
complied with all of the provisions of this section.
Nothing in this section shall require any person to
release,
or to permit access to, public school records in
violation of
section 3319.321 of the Revised Code.
Sec. 3317.032. (A) Each city, local, exempted
village, and
cooperative education school district, each
educational service
center, each county
MR/DD board, and each institution operating a
special education
program pursuant to section 3323.091 of the
Revised Code shall,
in accordance with procedures adopted by the
state board of
education, maintain a record of district membership
of both of
the following:
(1) All handicapped preschool children with disabilities in
units
approved
under division (B) of section 3317.05 of the
Revised Code;
(2) All handicapped preschool children with disabilities who
are not in
units approved under division (B) of
section
3317.05 of
the Revised Code but who are otherwise served by a
special
education program.
(B) The superintendent of each district, board, or
institution subject to division (A) of this section shall certify
to the state board of education, in accordance with procedures
adopted by that board, membership figures of all handicapped
preschool children with disabilities whose membership is
maintained under division
(A)(2) of this section. The figures
certified under this
division shall be used in the determination
of
the ADM used to compute funds for
educational
service center
governing boards under
section 3317.11 of the Revised Code.
Sec. 3317.04. The amount paid to school districts in each
fiscal year under Chapter 3317. of the Revised Code shall not be
less than the following:
(A) In the case of a district created under section
3311.26
or 3311.37 of the Revised Code, the amount paid shall not
be less,
in any of the three succeeding fiscal years following
the
creation, than the sum of the amounts allocated under Chapter
3317. of the Revised Code to the districts separately in the year
of the creation.
(B) In the case of a school district which is transferred
to
another school district or districts, pursuant to section
3311.22,
3311.231, or 3311.38 of the Revised Code, the amount
paid to the
district accepting the transferred territory shall
not be less, in
any of the three succeeding fiscal years
following the transfer,
than the sum of the amounts allocated
under Chapter 3317. of the
Revised Code to the districts
separately in the year of the
consummation of the transfer.
(C) In the case of any school district, the amount paid
under
Chapter 3317. of the Revised Code to the district in the
fiscal
year of distribution shall not be less than that paid
under such
chapter in the preceding fiscal year, less any amount paid in that
preceding fiscal year under section 3317.0216 of the Revised Code,
if in the
calendar year ending the thirty-first day of December
preceding
the fiscal year of distribution, the county auditor of
the county
to which the district has been assigned by the
department of
education for administrative purposes has completed
reassessment
of all real estate within the county, or the tax
duplicate
of that county was increased by the application of a
uniform taxable
value per cent of true value pursuant to a rule or
order of the
tax commissioner and the revised valuations were
entered on the
tax list and duplicate. Notwithstanding sections
3311.22,
3311.231, 3311.26, 3311.37, and 3311.38 of the Revised
Code, this
minimum guarantee is applicable only during the fiscal
year
immediately following the reassessment or application.
(D) In the case of any school district that has territory
in
three or more counties, each of which contains at least twenty
per
cent of the district's territory, the amount paid under
Chapter
3317. of the Revised Code to the district in the fiscal
year of
distribution shall not be less than that paid under such
chapter
in the preceding fiscal year, less any amount paid in that
preceding fiscal year under section 3317.0216 of the Revised Code,
if in the calendar year
ending the thirty-first day of December
preceding the fiscal year
of distribution, the county auditor of
any such county completed
reassessment of all real estate within
the county, or the
tax duplicate of any such county was increased
by the application of a uniform
taxable value per cent of true
value pursuant to a rule
or order of the tax commissioner and the
revised valuations were
entered on the tax list and duplicate.
Notwithstanding sections
3311.22, 3311.231, 3311.26, 3311.37, and
3311.38 of the Revised
Code, this minimum guarantee is applicable
only during the fiscal
year immediately following the reassessment
or application.
Notwithstanding sections 3311.22, 3311.231, 3311.26,
3311.37,
and 3311.38 of the Revised Code, the minimum guarantees
prescribed
by divisions (A) and (B) of this section shall not
affect the
amount of aid received by a school district for more
than three
consecutive years.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational
education units or
fractions of units
approved by the
department
on the basis of
standards
and rules adopted by the
state board of
education. As used in this
division,
"institution"
means an
institution operated by a
department specified in
section
3323.091
of the Revised Code and
that provides
vocational
education
programs under the supervision
of the
division of
vocational
education of the department
that meet the standards
and rules for
these programs,
including
licensure of professional
staff involved
in the
programs, as
established by the state
board.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
handicapped
preschool
children with disabilities, or fraction
thereof, including in the
case of
a district
or service center
that is a funding agent,
classes
taught by a
licensed teacher
employed by that district or
service
center under
section
3313.841
of the Revised Code,
approved
annually by the
department on the
basis of standards and
rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
preschool
handicapped units for
related services, as defined in section
3323.01 of the Revised Code, for preschool children with
disabilities approved annually
by the department on the basis
of
standards and
rules adopted by
the state board.
(D) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually under this
section shall not exceed
the number of units included in the estimate of
cost for these
units and
appropriations made
for them by the
general assembly.
In the
case of handicapped preschool units for preschool
children with disabilities
described in division (B) of
this
section,
the department shall approve only
preschool units
for
children
who are under age six on the thirtieth day of September
of the academic year, or on the first day of August of the
academic year if the school district in which the child is
enrolled has adopted a resolution under division (A)(3) of section
3321.01 of the Revised Code, but not less
than age three on
the
first
day of December of the academic
year, except that
such a
unit may
include one or more children who
are under age
three or
are age
six or over on the applicable date, as reported under
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised
Code, if
such children
have been admitted to the unit pursuant
to
rules of
the state
board. The number of units for
county MR/DD
boards
and institutions eligible
for payment under
section
3323.091 of
the Revised Code approved
under this section
shall not
exceed the number that
can be funded
with appropriations
made for
such purposes by the general
assembly.
No unit shall be approved under divisions (B)
and (C) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(E) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(L) of section 3317.024 or division (A)(2)
of section
3317.052 of
the Revised Code shall not be approved for
state
funding in one
school
district, including any cooperative
education school
district or any educational service
center, to
the extent that
such unit provides programs in or services to
another district
which receives payment pursuant to section
3317.04 of the
Revised
Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
handicapped preschool
programs for preschool children with disabilities pursuant to
section 3317.05 of the Revised Code, and
such
combined partial
units may be approved for state funding in one
school
district or
service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.052. As used in this section,
"institution"
means
an institution operated by a department
specified in division (A)
of section
3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD board an amount for the total of
all classroom units for
handicapped preschool children with disabilities approved under
division
(B) of
section 3317.05 of the Revised Code. For each
unit, the amount
shall be the sum of the minimum salary for the
teacher of the
unit, calculated on the basis of the teacher's
training level
and
years of experience pursuant to
the salary
schedule prescribed in
the version of section 3317.13 of the
Revised
Code
in effect prior
to
July 1, 2001, plus fifteen per
cent of
that minimum salary
amount, and
eight thousand
twenty-three
dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD board an
amount for the total
of all related services units for handicapped
preschool children with disabilities approved
under division (C)
of section 3317.05
of the Revised Code. For each such
unit, the
amount shall be the
sum
of the minimum salary for the teacher of
the unit calculated
on the basis of
the teacher's training level
and years of
experience pursuant to
the salary schedule prescribed
in the
version of section
3317.13 of the Revised Code
in effect
prior to
July 1, 2001,
fifteen per cent of that
minimum salary
amount,
and two thousand
one hundred thirty-two
dollars.
(B) If a school district, educational service center, or
county MR/DD board has had additional
handicapped preschool
units
for preschool children with disabilities approved
for the year
under division
(F)(2) or (G)(3) of
section
3317.03 of the Revised
Code, the district, educational
service
center, or board shall
receive an additional amount during
the
last half of the fiscal
year. For each district, center, or
board, the
additional amount
for each unit shall equal fifty per
cent of the
amounts computed
for the unit in the manner prescribed
by
division (A) of this
section and division (C) of section
3317.053 of the Revised Code.
(C) The department shall pay each institution approved
for
vocational education units
under division (A) of section
3317.05
of the Revised
Code an amount for the total of
all the
units
approved under that division. The amount for each
unit shall
be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to
the salary schedule prescribed in the
version of section 3317.13 of the
Revised Code
in effect prior to
July 1, 2001,
plus fifteen per cent of
that minimum salary amount,
and nine
thousand five hundred ten
dollars. Each institution that
receives units funds under this division annually shall
report to
the department on the delivery of services and the
performance of
students and any other information required by the
department to
evaluate the institution's vocational education
program.
Sec. 3317.06. Moneys paid to school districts under
division
(I) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil
uses as a consumable or
nonconsumable text, text substitute,
or
text
supplement in a
particular class or program in the school
the
pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in
nonpublic schools, in public centers, or in mobile units
located
on
or off of the nonpublic premises. If such services are
provided
in the public
school or in public centers, transportation
to and
from such facilities
shall be provided by the school
district in
which the nonpublic
school is located.
(F) To provide guidance and, counseling, and social work
services to pupils
attending nonpublic schools within the
district. Such services
shall be provided in the public school, in
nonpublic schools, in
public centers, or
in mobile units located
on or off of the
nonpublic premises. If such
services are provided
in the public
school or in public centers,
transportation to and
from such
facilities shall be provided by
the school district in
which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in
public centers, transportation to and
from such facilities
shall
be provided by the school district in
which the nonpublic
school
is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children with
disabilities as
defined in division (A) of section 3323.01 of the
Revised Code or
gifted children. Such programs shall be provided
in the public
school, in nonpublic schools, in public centers, or
in mobile
units located
on or
off of
the nonpublic premises. If
such
programs are provided in the public school or
in public
centers,
transportation to and from such facilities
shall be
provided by
the school district in which the nonpublic
school is
located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the eTech
Ohio
commission.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
(N) To reimburse costs the district incurred to store the
records of a chartered nonpublic school that closes.
Reimbursements under this division shall be made one time only for
each chartered nonpublic school that closes.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (I) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (I) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (I) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of
each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (I) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Each school district shall label materials, equipment,
computer hardware or software, textbooks, and electronic textbooks
purchased or leased for loan to a nonpublic school under this
section, acknowledging that they were purchased or leased with
state funds under this section. However, a district need not label
materials, equipment, computer hardware or software, textbooks, or
electronic textbooks that the district determines are consumable
in nature or have a value of less than two hundred dollars.
Sec. 3317.063. The superintendent of public instruction,
in
accordance with rules adopted by the department of education,
shall annually reimburse each chartered nonpublic school for the
actual mandated service administrative and clerical costs
incurred
by such school during the preceding school year in
preparing,
maintaining, and filing reports, forms, and records,
and in
providing such other administrative and clerical services
that are
not an integral part of the teaching process as may be
required by
state law or rule or by requirements duly promulgated
by city,
exempted village, or local school districts. The
mandated service
costs reimbursed pursuant to this section shall
include, but are
not limited to, the preparation, filing and
maintenance of forms,
reports, or records and other clerical and
administrative services
relating to state chartering or approval
of the nonpublic school,
pupil attendance, pupil health and
health testing, transportation
of pupils, federally funded
education programs, pupil appraisal,
pupil progress, educator
licensure, unemployment and workers'
compensation, transfer
of pupils, and such other education related
data which are now or
hereafter shall be required of such
nonpublic school by state law
or rule, or by requirements of the
state department of education,
other state agencies, or city,
exempted village, or local school
districts.
The reimbursement required by this section shall be for
school years beginning on or after July 1, 1981.
Each nonpublic school which seeks reimbursement pursuant to
this section shall submit to the superintendent of public
instruction an application together with such additional reports
and documents as the department of education may require. Such
application, reports, and documents shall contain such
information
as the department of education may prescribe in order
to carry out
the purposes of this section. No payment shall be
made until the
superintendent of public instruction has approved
such
application.
Each nonpublic school which applies for reimbursement
pursuant to this section shall maintain a separate account or
system of accounts for the expenses incurred in rendering the
required services for which reimbursement is sought. Such
accounts
shall contain such information as is required by the
department of
education and shall be maintained in accordance
with
rules adopted
by the department of education.
Reimbursement payments to a nonpublic school pursuant to
this
section shall not exceed an amount for each school year
equal to
two three hundred seventy-five dollars per pupil enrolled in that
nonpublic
school.
The superintendent of public instruction may, from time to
time, examine any and all accounts and records of a nonpublic
school which have been maintained pursuant to this section in
support of an application for reimbursement, for the purpose of
determining the costs to such school of rendering the services
for
which reimbursement is sought. If after such audit it is
determined that any school has received funds in excess of the
actual cost of providing such services, said school shall
immediately reimburse the state in such excess amount.
Any payments made to chartered nonpublic schools under this
section may be disbursed without submission to and approval of the
controlling board.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (D) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any
district
unless such district can demonstrate that pupils
residing more
than one mile from the school could not be
transported without
such additional aid.
The amount paid to a county MR/DD board for buses purchased
for transportation of children in special education programs
operated by the board shall be based on a per pupil allocation for
eligible students.
The amount paid to a school district for buses purchased
for
transportation of handicapped pupils with disabilities and
nonpublic school pupils
shall be determined by a per pupil
allocation based on the number of special education and nonpublic
school pupils for whom transportation is provided.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
handicapped pupils with disabilities or nonpublic school pupils.
If any district or MR/DD board obtains bus services for
pupil
transportation pursuant to a contract, such district or
board may
use payments received under this section to defray the
costs of
contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county MR/DD
board no longer needs a school bus because the board no longer
transports children to a special education program operated by the
board, or if the department determines that a school district no
longer needs a school bus to transport pupils to a nonpublic
school or special education program, the department may reassign a
bus that was funded with payments provided pursuant to this
section for the purpose of transporting such pupils. The
department may reassign a bus to a county MR/DD board or school
district that transports children to a special education program
designated in the children's individualized education plans, or to
a school district that transports pupils to a nonpublic school,
and needs an additional school bus.
Sec. 3317.08. A board of education may admit to its
schools
a child it is not required by section 3313.64 or 3313.65
of the
Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a
school year shall be one of the following:
(A) For any child, except a handicapped preschool child with
a disability
described in division (B) of this section, the
quotient obtained
by dividing the sum of the amounts described in
divisions (A)(1)
and (2) of this section by the district's formula
ADM.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current
expenses
under a school district income tax adopted pursuant to
section
5748.03 or 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year. On or before the first day of
June of each year, the tax commissioner shall certify the amount
to be used in the calculation under this division for the next
fiscal year to the department of education and the office of
budget and management for each city, local,
and exempted village
school district that levies a school
district income tax.
(B) For any handicapped preschool child with a disability not
included in a
unit approved under division (B) of section 3317.05
of the
Revised Code, an amount computed for the school year as
follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type
of service to all handicapped preschool children with disabilities
not
included in units approved under division (B) of section
3317.05 of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under
division (B)(1) of this section and the amount determined
under
division (B)(2) of this section by the total number of
handicapped
preschool children with disabilities not included in units
approved
under division (B) of section 3317.05 of the Revised Code
who received that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education
services provided to the child for whom tuition is
being
calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under
this
section for any school year is enrolled in a district for
only
part of that school year, the amount of the district's
tuition
charge for the child for the school year shall be
computed in
proportion to the number of school days the child is
enrolled in
the district during the school year.
Except as otherwise provided in division (J) of section
3313.64 of the Revised Code, whenever a district admits a child
to
its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of
the tuition shall be certified by the treasurer of the board
of
education of the district of attendance, to the board of
education
of the district required to pay tuition for its
approval and
payment. If agreement as to the amount payable or
the district
required to pay the tuition cannot be reached, or
the board of
education of the district required to pay the
tuition refuses to
pay that amount, the board of education of the
district of
attendance shall notify the superintendent of public
instruction.
The superintendent shall determine the correct
amount and the
district required to pay the tuition and shall
deduct that amount,
if any, under division (G) of section
3317.023 of the Revised
Code, from the district required to pay
the tuition and add that
amount to the amount allocated to the
district attended under such
division. The superintendent of
public instruction shall send to
the district required to pay the
tuition an itemized statement
showing such deductions at the time
of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school
district
within which such territory is located, and there are
school age
children residing within such territory, the political
subdivision
owning such tax exempt territory shall pay tuition to
the district
in which such children attend school. The tuition
for these
children shall be computed as provided for in this
section.
Sec. 3317.15. (A) As
used in this section, "handicapped
child with a disability" has the same meaning
as in section
3323.01 of the Revised Code.
(B) Each city, exempted
village, local, and joint vocational
school district shall
continue to comply with all requirements of
federal statutes and
regulations, the Revised
Code, and rules
adopted by the
state board of education governing education of
handicapped
children with disabilities, including, but not limited
to, requirements that
handicapped children with disabilities be
served by appropriately licensed or
certificated education
personnel.
(C) Each city, exempted
village, local, and joint vocational
school district shall
consult with the educational service center
serving the county
in which the school district is located and, if
it elects to
participate pursuant to section 5126.04 of the
Revised
Code, the county
MR/DD board of that county, in
providing
services that serve the best interests of handicapped
children
with disabilities.
(D) Each school district
shall annually provide documentation
to the department of
education that it employs the appropriate
number of licensed or
certificated personnel to serve the
district's handicapped
students with disabilities.
(E) The department
annually shall audit a sample of school
districts to ensure that
handicapped children with disabilities
are being appropriately reported.
(F) Each school district
shall provide speech-language
pathology services at a ratio of
one speech-language pathologist
per two thousand students
receiving any educational services from
the district other than
adult education. Each district shall
provide school
psychological services at a ratio of one school
psychologist per
two thousand five hundred students receiving any
educational
services from the district other than adult education.
A
district may obtain the services of speech-language pathologists
and school psychologists by any means permitted by law,
including
contracting with an educational service center. If,
however, a
district is unable to obtain the services of the
required number
of speech-language pathologists or school
psychologists, the
district may request from the superintendent
of public
instruction, and the superintendent may grant, a
waiver of this
provision for a period of time established by the
superintendent.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would
not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor X
the formula amount X
formula ADM
The resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts for the
applicable fiscal
year.
(5) "Resident district" means the city, local, or exempted
village school district in which a student is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code.
(6) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with division (B) of this
section.
(1) Compute the following for each eligible district formula:
(cost-of-doing-business factor X
formula amount X
formula ADM) -
(.0005 X
total
recognized valuation)
If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(2) Compute both of the following for each district:
(a) The difference of (i) the district's fiscal year 2005
base cost payment under the version of division (B) of this
section in effect in fiscal year 2005, minus (ii) the amount
computed for the district for the current fiscal year under
current division (B)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula
ADM) X current year formula ADM] minus the amount computed for
the district under current division (B)(1) of this section
If one of the amounts computed under division (B)(2)(a) or
(b) of this section is a positive amount, the department shall pay
the district that amount in addition to the amount calculated
under division (B)(1) of this section. If both amounts are
positive amounts, the department shall pay the district the lesser
of the two amounts in addition to the amount calculated under
division (B)(1) of this section.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount X
total vocational education weight
In each fiscal year, a joint vocational school district
receiving funds under division (C)(1) of this section shall spend
those funds only for the purposes the department designates as
approved for vocational education expenses.
Vocational educational
expenses approved by the department shall include only expenses
connected to the delivery of career-technical programming to
career-technical students. The department shall require the joint
vocational school district to report data annually so that the
department may monitor the district's compliance with the
requirements regarding the manner in which funding received under
division (C)(1) of this section may be spent.
(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 X
the formula amount X the sum of
categories one and two vocational
education ADM
In any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount X
total special education weight
(2)(a) As used in this division, the "personnel allowance"
means
thirty
thousand
dollars in fiscal
years 2002, 2003, 2004,
2005, 2006, and 2007 2008 and 2009.
(b) For the provision of speech language pathology services
to students,
including students
who do not have individualized
education
programs prepared for
them under Chapter 3323. of the
Revised
Code, and for
no
other purpose, the department shall pay
each
joint vocational
school district
an amount calculated
under
the
following formula:
(formula ADM divided by 2000) X the personnel
allowance X state share percentage
(3) In any fiscal year, a joint vocational school district
shall spend for purposes that the department designates as
approved for special education and related services expenses at
least the amount calculated as follows:
(cost-of-doing-business factor X
formula amount
X the sum of categories
one through
six special education ADM) +
(total special education weight X
formula amount)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to, compliance
with state rules governing the education of handicapped children
with disabilities, providing services identified in a student's
individualized education program as defined in section 3323.01 of
the Revised Code, provision of speech language pathology services,
and the portion of the district's overall administrative and
overhead costs that are attributable to the district's special
education student population.
The department shall require joint vocational school
districts to report data annually to allow for monitoring
compliance with division (D)(3) of this section. The department
shall annually report to the governor and the general assembly the
amount of money spent by each joint vocational school district for
special education and related services.
(4) In any fiscal year, a joint vocational school district
shall spend for the provision of speech language pathology
services not less than the sum of the amount calculated under
division (D)(1) of this section for the students in the district's
category one special education ADM and the amount calculated under
division (D)(2) of this section.
(E)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
categories
two through six
special education
ADM
exceed the
threshold catastrophic cost for
serving the
student, as specified
in division (C)(3)(b) of section
3317.022 of
the Revised Code, the district may
submit to the
superintendent of
public
instruction
documentation,
as
prescribed
by the
superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the
manner
prescribed, the department shall pay to the
district an
amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student
in excess of
the threshold
catastrophic cost multiplied
by
the
district's state
share
percentage.
(2) The district shall only report
under division (E)(1) of
this section, and the department shall only
pay
for, the
costs of
educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) X
Total special education weight X
the formula amount
(2) For each handicapped student with a disability receiving
special education and related services under an individualized
education program, as defined in section 3323.01 of the Revised
Code, at a joint vocational district, the resident district or, if
the student is enrolled in a community school, the community
school shall be responsible for the amount of any costs of
providing those special education and related services to that
student that exceed the sum of the amount calculated for those
services attributable to that student under divisions (B), (D),
(E), and (G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum
of the following from the actual cost to provide special education
and related services to the student:
(a) The product of the formula amount times the
cost-of-doing-business factor;
(b) The product of the formula amount times the applicable
multiple specified in section 3317.013 of the Revised Code;
(c) Any funds paid under division (E) of this section for the
student;
(d) Any other funds received by the joint vocational school
district under this chapter to provide special education and
related services to the student, not including the amount
calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school
district may report the excess costs calculated under division
(G)(2) of this section to the department of education.
(4) If the board of education of the joint vocational school
district reports excess costs under division (G)(3) of this
section, the department shall pay the amount of excess cost
calculated under division (G)(2) of this section to the joint
vocational school district and shall deduct that amount as
provided in division (G)(4)(a) or (b) of this section, as
applicable:
(a) If the student is not enrolled in a community school, the
department shall deduct the amount from the account of the
student's resident district pursuant to division (M) of section
3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the
department shall deduct the amount from the account of the
community school pursuant to section 3314.083 of the Revised Code.
Sec. 3317.161. If the department of education is required to
pay an amount under section 3353.25 of the Revised Code to a
school district delivering a course included in the clearinghouse
established under section 3353.21 of the Revised Code for a
student enrolled in a joint vocational school district, the
department shall deduct the amount of that payment from the amount
calculated for the joint vocational school district under section
3317.16 of the Revised Code.
Sec. 3317.19. (A) As used in this section, "total unit
allowance" means an amount equal to the sum of the following:
(1) The total of the salary allowances for the teachers
employed
in the cooperative education school district for all
units approved
under division (B) or (C) of section 3317.05 of the
Revised Code. The salary allowance for each unit shall equal the
minimum salary for the teacher of the unit calculated on the basis
of the
teacher's training level and years of experience pursuant
to
the salary
schedule prescribed in the version of section
3317.13 of the Revised Code
in effect prior to
July 1, 2001.
(2) Fifteen per cent of the total
computed under division
(A)(1) of this section;
(3) The total of the unit operating allowances for all
approved units. The amount of each allowance shall equal
one of
the following:
(a) Eight thousand twenty-three dollars times the number
of
preschool handicapped units for preschool children with
disabilities or fraction thereof approved for
the
year under
division (B) of section 3317.05 of the Revised
Code;
(b) Two thousand one hundred thirty-two dollars times the
number of units or fraction thereof approved for the year under
division (C) of section 3317.05 of the Revised Code.
(B) The state board of education shall compute and
distribute
to each cooperative education school district for each
fiscal year
an amount equal to the sum of the following:
(1) An amount equal to the total of the amounts credited
to
the cooperative education school district pursuant to division
(K)
of section 3317.023 of the Revised Code;
(2) The total unit allowance;
(3) An amount for assisting in providing free lunches to
needy children and an amount for assisting needy school districts
in purchasing necessary equipment for food preparation pursuant
to
division (H) of section 3317.024 of the Revised Code.
(C) If a cooperative education school
district has had
additional special education units approved for
the year under
division (F)(2) of section 3317.03 of the
Revised Code, the
district shall
receive an additional amount during the last half
of the fiscal
year. For each unit, the additional amount shall
equal fifty
per cent of the amount computed under division (A)
of
this section for a unit approved under division
(B) of section
3317.05 of the Revised Code.
Sec. 3317.20. This section does not apply to handicapped
preschool children with disabilities.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013
of the Revised
Code
for a handicap disability
described in
that
section.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Except as provided
in division
(C) of this
section,
the
department shall annually pay each county
MR/DD board for each
handicapped
child with a disability,
other than a handicapped
preschool child with a disability, for whom the
county
MR/DD board
provides
special education and related
services the greater of the
amount calculated under division (B)(1) or (2) of this section:
(1) (The formula amount for fiscal year 2005 X the
cost-of-doing-business factor for the child's school district for
fiscal year 2005) + (state share percentage for fiscal year 2005 X
formula amount for fiscal year 2005 X the applicable weight);
(2) (The current an amount equal to the formula amount times
the current cost-of-doing-business factor for the child's school
district) + (state share percentage X current formula amount X the
applicable weight).
(C) If any school
district places with a county
MR/DD
board
more handicapped
children with disabilities than it had placed
with a county
MR/DD
board in fiscal year
1998, the department
shall not make a
payment
under division
(B) of
this section for
the number of
children
exceeding the number placed in fiscal
year
1998. The
department
instead shall deduct from the district's
payments
under
this
chapter, and pay to the county
MR/DD board, an
amount
calculated
in accordance with the formula prescribed in
division
(B) of this
section for each
child over the number of
children
placed in
fiscal year
1998.
(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(B) and
(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
preschool handicapped units for preschool children with
disabilities, in fiscal year 1998, divided by the
total number of
children served in the units that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(B) and
(C) of this
section.
If the amount calculated under division
(D)(2) of this
section is
greater than the total amount calculated under
divisions
(B) and
(C) of this section, the
department shall
pay
the county
MR/DD board one hundred per
cent of the difference
in
addition to the payments under divisions
(B) and
(C) of
this
section.
Sec. 3317.201. This section does not apply to handicapped
preschool children with disabilities.
(A) As used in this section, the "total special education
weight" for an institution means the sum of the following amounts:
(1) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(A) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(2) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(B) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(3) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(C) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(4) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(D) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(5) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(E) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(6) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a handicap disability described in division
(F) of section 3317.013 of the Revised Code multiplied by the
multiple specified in that division.
(B) The For each fiscal year, the department of education
annually shall pay each state institution required to provide
special education services under division (A) of section 3323.091
of the Revised Code an amount equal to the greater of:
(1) The formula amount times the institution's total special
education weight;
(2) The aggregate amount of special education and related
services unit funding the institution received for all handicapped
children with disabilities other than handicapped preschool
children with disabilities in fiscal year 2005 under sections
3317.052 and 3317.053 of the Revised Code, as those sections
existed prior to the effective date of this section June 30, 2005.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code:
(A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code.
(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child care facility or a
community
resource
center is housed.
"Classroom facilities"
includes any
space necessary for the operation of a vocational
education
program
for secondary students in any school district
that
operates such a
program.
(C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions.
(D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 to 3318.20 of the Revised
Code.
For purposes of assistance provided under sections 3318.40 to
3318.45 of the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.042, 3318.07, 3318.08,
3318.083,
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,
3318.13,
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the
Revised
Code means a joint vocational school district established
pursuant
to section 3311.18 of the Revised Code.
(E)
"School district board" means the board of education
of
a
school district.
(F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay and any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code or the par
value of bonds that have been authorized by the electors and the
proceeds of which will be used by the district to provide any part
of its portion of the basic project cost.
(G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district.
(H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located.
(I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code.
(J)
"Required level of indebtedness" means:
(1) In the case of school districts in
the first percentile,
five
per cent of the district's valuation for
the year preceding
the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code.
(2) In the case of school districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project minus
one)].
(K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the school district ranks
for the fiscal year preceding the
fiscal
year in which the controlling board approved the district's
project.
(L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation,
the cost of demolition of all
or part of any existing classroom facilities that are abandoned
under the project, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the
commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a
school
district may
have to pay to undertake a classroom
facilities
project.
For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
the basic project cost calculation for a project under those
sections shall also take into account the types of laboratory
spaces and program square footages needed for the vocational
education programs for high school students offered by the school
district.
(M)(1) Except for a joint vocational school district that
receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, a
"school district's portion of the basic project
cost"
means the
amount determined under section 3318.032 of the
Revised
Code.
(2) For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
a "school district's portion of the basic project cost" means the
amount determined under division (C) of section 3318.42 of the
Revised Code.
(N)
"Child care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility.
(O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers.
(P)
"Valuation" means the total value of all property in
the
school
district as listed and assessed for taxation on the tax
duplicates.
(Q)
"Percentile" means the percentile in which the school
district
is
ranked pursuant to division (D) of section 3318.011 of
the
Revised Code.
(R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system.
(S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department
of
education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city,
local, and exempted village school district according to
the
following formula:
The district's valuation per pupil -
[$30,000 X (1 - the district's income factor)].
For purposes of this calculation:
(1) "Valuation Except for a district with an open enrollment
net gain that is ten per cent or more of its formula ADM,
"valuation per pupil" for a district means its average
taxable
value, divided by its formula ADM reported under section
3317.03
of the Revised Code for the previous fiscal
year. "Valuation per
pupil," for a district with an open enrollment net gain that is
ten per cent or more of its formula ADM, means its average taxable
value, divided by the sum of its formula ADM for the previous
fiscal year plus its open enrollment net gain for the previous
fiscal year.
(2) "Average taxable value" means the average of the amounts
certified for a district in the second, third, and fourth
preceding
fiscal years under divisions (A)(1) and (2) of section
3317.021 of
the Revised Code.
(3) "Income Entitled to attend school" means entitled to
attend school in a city, local, or exempted village school
district under section 3313.64 or 3313.65 of the Revised Code.
(4) "Formula ADM" and "income factor" has have the same
meaning meanings as in section 3317.02 of
the Revised Code.
(5) "Native student" has the same meaning as in section
3313.98 of the Revised Code.
(6) "Open enrollment net gain" for a district means (a) the
number of the students entitled to attend school in another
district but who are enrolled in the schools of the district under
its open enrollment policy minus (b) the number of the district's
native students who are enrolled in the schools of another
district under the other district's open enrollment policy, both
numbers as certified to the department under section 3313.981 of
the Revised Code. If the difference is a negative number, the
district's "open enrollment net gain" is zero.
(7) "Open enrollment policy" means an interdistrict open
enrollment policy adopted under section 3313.98 of the Revised
Code.
(B) Calculate for each district the three-year average of the
adjusted valuations per pupil calculated for the
district for the
current and two preceding
fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average
adjusted
valuation
per pupil to the district with the highest
three-year average adjusted
valuation per pupil;
(D) Divide such
ranking into percentiles with the first
percentile containing the one per cent
of school districts having
the lowest three-year average adjusted
valuations per pupil and
the
one-hundredth percentile containing the one per cent of school
districts
having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have
three-year
average adjusted
valuations per pupil that are greater
than the
median three-year average adjusted valuation per
pupil for all
school districts in the state;
(F) On or before the first day of September, certify the
information described in divisions (A)
to (E) of this section to
the Ohio school facilities
commission.
Notwithstanding anything in this section to the contrary, the
department shall not rank any school district subject to division
(F) of section 3318.36 of the Revised Code in a higher percentile
than the percentile in which the district was ranked on the date
the electors of the district approved a bond issue to pay the
district's portion of the basic project cost. The percentile
ranking resulting from this paragraph shall be used by the
commission only to determine when the district is eligible for
assistance under sections 3318.01 to 3318.20 of the Revised Code
and shall not be used to calculate the district's portion of the
basic project cost. For this purpose, the commission annually
shall notify the department of all school districts that have
become subject to division (F) of section 3318.36 of the Revised
Code since the department completed its most recent school
district rankings under this section.
Sec. 3318.023. Notwithstanding anything to the contrary in
section 3318.02 of the Revised Code, each fiscal year, at the time
that the Ohio school facilities commission conditionally approves
projects of school districts under section sections 3318.01 to
3318.20 of
the Revised Code for which it plans to provide
assistance under
those sections for that fiscal year, the
commission also shall
identify the next ten school districts from
lowest to highest in
order of the ranking calculated for the
previous fiscal year under
division (D) of section 3318.011 of the
Revised Code that have not
yet been conditionally approved for
assistance under
section
sections
3318.01 to 3318.20 of the
Revised Code. Those districts shall
have priority in the order of
such ranking with the lowest
valuation having the highest priority
for future assistance under
those sections over all other school
districts except for
districts receiving assistance under division
(B)(2) of section
3318.04, section 3318.37, or section 3318.38 of
the Revised Code
or districts that have priority under section
3318.05 of the
Revised Code.
Sec. 3318.12. (A) The Ohio school facilities commission
shall
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts
appropriated
by the general assembly and set aside for such
purpose, from time
to time as may be necessary to pay obligations
chargeable to such
fund when due. All investment earnings of a
school district's
project construction fund shall be credited to the fund.
(B)(1) The treasurer of the
school
district board shall
disburse
funds from the school district's
project construction
fund,
including investment earnings credited to
the fund, only
upon the
approval of the
commission or the commission's designated
representative. The
commission or the commission's designated
representative shall issue vouchers
against such fund, in such
amounts, and at such times as
required by the
contracts for
construction of the project.
(2) Notwithstanding anything to the contrary in division
(B)(1) of this section, the school district board may, by a duly
adopted resolution, choose to use all or part of the investment
earnings of the district's project construction fund that are
attributable to the district's contribution to the fund to pay the
cost of classroom facilities or portions or components of
classroom facilities that are not included in the district's basic
project cost but that are related to the district's project. If
the district board adopts a resolution in favor of using those
investment earnings as authorized under division (B)(2) of this
section, the treasurer shall disburse the amount as designated and
directed by the board. However, if the district board chooses to
use any part of the investment earnings for classroom facilities
or portions or components of classroom facilities that are not
included in the basic project cost, as authorized under division
(B)(2) of this section, and, subsequently, the cost of the project
exceeds the amount in the project construction fund, the district
board shall restore to the project construction fund the full
amount of the investment earnings used under division (B)(2) of
this section before any additional state moneys shall be released
for the project.
(C) After the project has been completed:
(1) Any At the discretion of the school district board, any
investment
earnings remaining in the project
construction fund
that are
attributable to the school district's
contribution to the
fund
shall be transferred:
(a) Retained in the project construction fund for future
projects;
(b) Transferred to the district's
maintenance fund required
by division (B) of section
3318.05
or
section 3318.43 of the
Revised
Code, and the money so transferred shall be
used
solely
for maintaining the classroom facilities included in
the
project;
(c) Transferred to the district's permanent improvement fund.
(2) Any investment
earnings remaining in the project
construction fund that are
attributable to the state's
contribution to the fund shall be
transferred to the commission
for expenditure pursuant to
sections 3318.01 to 3318.20
or
sections 3318.40 to 3318.45 of the
Revised
Code.
(3) Any other surplus remaining in the school district's
project
construction fund after the project has been completed
shall
be transferred to the commission
and the school district
board in proportion to their respective
contributions to the fund.
The commission shall use the money transferred to
it under this
division for expenditure
pursuant to sections 3318.01 to 3318.20
or sections 3318.40 to 3318.45 of the Revised Code.
(D) Pursuant to appropriations of the general assembly, any
moneys transferred to the commission under division (C)(2) or (3)
of this section from a project construction fund for a project
under sections 3318.40 to 3318.45 of the Revised Code may be used
for future expenditures for projects under sections 3318.40 to
3318.45 of the Revised Code, notwithstanding the two per cent
annual limit specified in division (B) of section 3318.40 of the
Revised Code.
Sec. 3318.15. There is hereby created the public school
building fund within the state treasury consisting of any moneys
transferred or appropriated to the fund by the general assembly,
moneys paid into or transferred in accordance with section 3318.47
of the Revised Code,
and any grants, gifts, or contributions
received by the Ohio
school
facilities commission to be used for
the purposes of the
fund.
All investment earnings of the fund
shall be credited to
the fund.
Moneys transferred or appropriated to the fund by the general
assembly and moneys in the fund from grants, gifts, and
contributions shall be
used for the purposes of
Chapter 3318. of
the Revised Code
as
prescribed by the
general assembly.
Sec. 3318.26. (A) The provisions of this section apply only
to
obligations issued by the issuing authority prior to December
1,
1999.
(B) Subject to the limitations provided in
section 3318.29
of
the Revised Code, the issuing authority, upon
the certification
by
the Ohio
school facilities commission to the issuing
authority
of
the amount of moneys or additional moneys needed in
the school
building program assistance fund for the purposes of sections
3318.01 to 3318.20
and sections 3318.40 to 3318.45 of the Revised
Code, or needed for capitalized
interest, for funding reserves,
and for paying costs and expenses
incurred in connection with the
issuance, carrying, securing,
paying, redeeming, or retirement of
the obligations or any
obligations refunded thereby, including
payment of costs and
expenses relating to letters of credit, lines
of credit,
insurance, put agreements, standby purchase agreements,
indexing,
marketing, remarketing and administrative arrangements,
interest
swap or hedging agreements, and any other credit
enhancement,
liquidity, remarketing, renewal, or refunding
arrangements, all
of which are authorized by this section, shall
issue obligations
of the state under this section in the required
amount. The
proceeds of such obligations, except for obligations
issued to
provide moneys for the school building program
assistance fund shall be
deposited by the treasurer
of state in
special funds,
including reserve funds, as provided in the bond
proceedings. The issuing authority may appoint trustees,
paying
agents, and transfer agents and may retain the services of
financial advisors and accounting experts and retain or contract
for the services of marketing, remarketing, indexing, and
administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs
of such services are payable from the school building program
assistance
fund or
any special fund determined by the issuing
authority.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
money
or property received by the
commission,
treasurer of state, or the
state, or from any other use of the
proceeds of the sale of the
obligations, and no such moneys may
be used for the payment of
bond service charges, except for
accrued interest, capitalized
interest, and reserves funded from
proceeds received upon the sale
of the obligations and except as
otherwise expressly provided in
the applicable bond proceedings
pursuant to written directions by
the treasurer of state. The
right of such holders and owners to
payment of bond service
charges shall be limited to all or that
portion of the pledged
receipts and those special funds pledged
thereto pursuant to the
bond proceedings in accordance with this
section, and each such
obligation shall bear on its face a
statement to that effect.
(D) Obligations shall be authorized by resolution or order
of
the issuing authority and the bond proceedings shall provide
for
the purpose thereof and the principal amount or amounts, and
shall
provide for or authorize the manner or agency for
determining the
principal maturity or maturities, not exceeding
the limits
specified in section 3318.29 of the Revised Code, the
interest
rate or rates or the maximum interest rate, the date of
the
obligations and the dates of payment of interest thereon,
their
denomination, and the establishment within or without the
state of
a place or places of payment of bond service charges.
Sections
9.98 to 9.983 of the Revised Code are applicable to
obligations
issued under this section, subject to any applicable
limitation
under section 3318.29 of the Revised Code. The
purpose
of such
obligations may be stated in the bond proceedings
in terms
describing the general purpose or purposes to be served.
The bond
proceedings shall also provide, subject to the
provisions of any
other applicable bond proceedings, for the
pledge of all, or such
part as the issuing authority may
determine, of the pledged
receipts and the applicable special
fund or funds to the payment
of bond service charges, which
pledges may be made either prior or
subordinate to other
expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or
thereafter issued, if and to the extent provided in
the bond
proceedings. The pledged receipts and special funds so
pledged
and thereafter received by the state are immediately
subject to
the lien of such pledge without any physical delivery
thereof or
further act, and the lien of any such pledges is valid
and
binding against all parties having claims of any kind against
the
state or any governmental agency of the state, irrespective of
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of
the Revised Code, without the necessity for separation or
delivery
of funds or for the filing or recording of the bond
proceedings by
which such pledge is created or any certificate,
statement or
other document with respect thereto; and the pledge
of such
pledged receipts and special funds is effective and the
money
therefrom and thereof may be applied to the purposes for
which
pledged without necessity for any act of appropriation,
except as
required by section 3770.06 of the Revised Code. Every
pledge,
and
every covenant and agreement made with respect
thereto, made
in
the bond proceedings may therein be extended to
the benefit of
the
owners and holders of obligations authorized
by this section,
and
to any trustee therefor, for the further
security of the
payment
of the bond service charges.
(E) The bond proceedings may contain additional provisions
as
to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds,
and the safeguarding of moneys on hand or on deposit,
without
regard to Chapter 131., 133., or 135. of the Revised
Code,
but
subject to any special provisions of sections 3318.21
to
3318.29
of the Revised Code, with respect to particular funds
or
moneys,
provided that any bank or trust company that acts as
depository of
any moneys in the special funds may furnish such
indemnifying
bonds or may pledge such securities as required by
the issuing
authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement
or
indenture;
(8) The lease or sublease of any interest of the school
district or the state
in one or more projects as defined in
division (C) of section 3318.01 of the
Revised Code, or in one or
more permanent improvements, to or from the issuing
authority, as
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority;
(9) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor.
(F) The obligations may have the great seal of the state
or
a
facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. In case the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile is nevertheless valid and
sufficient
for all purposes as if the issuing authority had
remained the
issuing
authority until such delivery; and in case the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to
the
provisions
of the bond proceedings as to registration. The
obligations may be
issued in coupon or in registered form, or
both, as the issuing
authority determines. Provision may be made
for the registration
of any obligations with coupons attached
thereto as to principal
alone or as to both principal and
interest, their exchange for
obligations so registered, and for
the conversion or reconversion
into obligations with coupons
attached thereto of any obligations
registered as to both
principal and interest, and for reasonable
charges for such
registration, exchange, conversion, and
reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal a place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions that are customary or
appropriate in an agreement
or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and
of the trustee, and provisions for protecting and enforcing
them,
including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's
rights are restricted
by the bond proceedings, may by any suitable
form of legal
proceedings, protect and enforce any rights under
the laws of
this state or granted by such bond proceedings. Such
rights
include the right to compel the performance of all duties
of the
issuing authority, the commission, or
the director
of
budget and management required by sections 3318.21 to 3318.29
of
the Revised Code or the bond proceedings; to enjoin unlawful
activities; and in the event of default with respect to the
payment of any bond service charges on any obligations or in the
performance of any covenant or agreement on the part of the
issuing authority, the commission, or
the director
of budget and
management in the bond proceedings, to apply to a
court having
jurisdiction of the cause to appoint a receiver to
receive and
administer the pledged receipts and special funds,
other than
those in the custody of the treasurer of state or the
commission,
which are pledged to the
payment of the
bond service charges on
such obligations or which are the subject
of the covenant or
agreement, with full power to pay, and to
provide for payment of
bond service charges on, such obligations,
and with such powers,
subject to the direction of the court, as
are accorded receivers
in general equity cases, excluding any
power to pledge additional
revenues or receipts or other income
or moneys of the issuing
authority or the state or governmental
agencies of the state to
the payment of such principal and
interest and excluding the power
to take possession of, mortgage,
or cause the sale or otherwise
dispose of any permanent
improvement.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or loan made
under authority of sections 3318.21 to 3318.29 of the Revised
Code, and in every agreement by or with the issuing authority, is
hereby established as a duty of the issuing authority, and of
each
such officer, member, or employee having authority to
perform such
duty, specifically enjoined by the law resulting
from an office,
trust, or station within the meaning of section
2731.01 of the
Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation,
the state teachers retirement system,
the public employees
retirement system, the school employees
retirement system, and
the Ohio police and fire pension fund,
notwithstanding any other provisions of the Revised Code or rules
adopted pursuant thereto by any governmental agency of the state
with respect to investments by them, and also are acceptable as
security for the deposit of public moneys.
(M) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States,
obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of
deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of financial institutions. If
the law
or the instrument
creating a trust pursuant to division
(J) of this section
expressly permits investment in direct
obligations of the United
States or an agency of the United
States,
unless expressly prohibited by the
instrument, such moneys
also may be invested in no front end load
money market mutual
funds consisting exclusively of obligations
of the United States
or an agency of the United States and in repurchase
agreements,
including those issued by the fiduciary itself,
secured by
obligations of the United States or an agency of the United
States;
and in collective investment funds established in
accordance with section
1111.14 of the Revised Code and consisting
exclusively
of any such securities,
notwithstanding division
(B)(1)(c) of that section. The
income from such
investments shall
be credited to such funds
as the issuing authority determines, and
such investments may be
sold at such times as the issuing
authority determines or
authorizes.
(N) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(O) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions shall be controlling
notwithstanding any other provisions of law pertaining thereto.
(P) The issuing authority may covenant in the bond
proceedings, and any such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
operated
the state lottery, including the transfers to and from
the lottery
profits education fund created in section 3770.06 of
the Revised
Code so that the pledged receipts shall be sufficient
in amount to
meet bond service charges, and the establishment and
maintenance
of any reserves and other requirements provided for
in
the bond
proceedings;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exclusion from gross income for federal
income
tax purposes of the interest on any obligations designated
by the
bond proceeding as tax-exempt obligations.
(Q) There is hereby created the school building program
bond
service fund, which shall be in the custody of the treasurer
of
state but shall be separate and apart from and not a part of
the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to the school building
program bond
service fund, and all other moneys transferred or
allocated to or
received for the purposes of the fund, shall be
deposited and
credited to such fund and to any separate accounts
therein,
subject to applicable provisions of the bond
proceedings, but
without necessity for any act of appropriation,
except as required
by section 3770.06 of the Revised Code. During the period
beginning with the date of the first issuance
of obligations and
continuing during such time as any such
obligations are
outstanding, and so long as moneys in the school
building program
bond service fund are insufficient to pay all
bond service charges
on such obligations becoming due in each
year, a sufficient amount
of the moneys from the lottery profits
education fund included in
pledged receipts, subject to
appropriation for such purpose as
provided in section 3770.06 of
the Revised Code, are committed and
shall be paid to the school
building program bond service fund in
each year for the purpose
of paying the bond service charges
becoming due in that year. The school
building program bond
service fund is a trust fund and
is hereby pledged to the payment
of bond service charges solely
on obligations issued to provide
moneys for the school building
program assistance fund to the
extent provided in the applicable
bond proceedings, and payment
thereof from such fund shall be
made or provided for by the
treasurer of state in accordance with
such bond proceedings
without necessity for any act of
appropriation except as required
by section 3770.06 of the
Revised Code.
(R) The obligations, the transfer thereof, and
the income
therefrom, including any profit made on the sale thereof,
at all
times shall be free from taxation within the state.
Sec. 3318.36. (A)(1) As used in this section:
(a)
"Ohio school facilities commission,"
"classroom
facilities,"
"school district,"
"school district board,"
"net
bonded indebtedness,"
"required percentage of the basic project
costs,"
"basic project cost,"
"valuation," and
"percentile" have
the same meanings as in section
3318.01 of the Revised Code.
(b)
"Required level of indebtedness" means five per cent
of
the
school district's valuation for the year preceding the year
in
which the
commission and school district enter into an
agreement
under division
(B) of this section, plus [two
one-hundredths of
one per cent multiplied by (the percentile in
which the
district
ranks
minus one)].
(c)
"Local resources" means any moneys generated in any
manner
permitted for a school district board to raise the school
district portion of
a project undertaken
with assistance under
sections 3318.01 to 3318.20 of the Revised
Code.
(2) For purposes of determining either the required level of
indebtedness, as defined in division (A)(1)(b) of this section, or
the required percentage of the basic project costs, under division
(C)(1) of this section, the percentile ranking of a school
district with which the commission has entered into an agreement
under this section between the first day of July and the
thirty-first day of August in each fiscal year is the percentile
ranking
calculated for that district for the immediately preceding
fiscal year,
and the percentile ranking of a school district with
which the
commission has entered into such agreement between the
first day
of September and the thirtieth day of June in each
fiscal year is
the percentile ranking calculated for that district
for the
current fiscal year.
(B)(1) There is hereby established the school building
assistance
expedited local partnership program. Under the
program,
the Ohio
school facilities commission may enter into an
agreement
with the school
district board of any
school district
under which
the
school district board may proceed with the new
construction or
major repairs
of a part of
the school district's
classroom
facilities needs, as determined under sections
3318.01
to 3318.20
of the Revised Code, through the expenditure
of local
resources
prior to the school district's eligibility for
state
assistance
under sections 3318.01 to 3318.20 of the Revised
Code
and may
apply that expenditure toward meeting
the school
district's
portion of the basic project cost of the total of the
school
district's classroom facilities needs, as determined under
sections 3318.01 to
3318.20 of the Revised Code and as
recalculated under division (E) of this
section, that are eligible
for state assistance under sections
3318.01 to 3318.20 of the
Revised Code when the school
district becomes eligible for such
state assistance.
Any school district that is reasonably expected
to receive assistance under
sections 3318.01 to 3318.20
of the
Revised Code within two fiscal years from the date the
school
district adopts its resolution under division (B) of this
section
shall not be eligible to participate in the program.
(2) To participate in the program, a school district board
shall
first
adopt a resolution certifying to the commission the
board's intent to
participate in the program.
The resolution shall specify the approximate date that the
board
intends to seek elector approval of any bond or tax measures
or to apply other local
resources to use to pay the cost of
classroom facilities to be constructed under this section.
The
resolution may specify the application of local
resources
or
elector-approved bond or tax measures after the
resolution is
adopted by the board, and in
such case the board may
proceed with
a discrete portion of its project under this
section
as soon as
the commission and the controlling board have
approved
the basic
project cost of the district's classroom
facilities
needs as
specified in division (D) of this section. The board
shall submit
its resolution to the commission not later than ten
days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted
pursuant to division (B)(2) of this section, as amended
by this
amendment, sooner than
September
14, 2000.
(3) Any project under this section shall comply with section
3318.03
of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under
section 3318.04 of the Revised Code.
(4) If a school district that enters into an agreement
under
this section has not begun a project applying local
resources as
provided for under that agreement at the time the
district is
notified by the commission that it is eligible to
receive state
assistance under sections 3318.01 to 3318.20 of the
Revised Code,
all assessment and agreement documents entered into
under this
section are void.
(5) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of the
on-site visits and
assessment
conducted under division (B)(2) of
this section, the
commission
shall determine the basic
project cost of the school
district's
classroom
facilities needs. The commission shall
determine the
school
district's portion of such basic project
cost, which shall
be the
greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the fiscal year the commission and the
school district
enter into the agreement under division (B) of
this section, to
within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of
the classroom facilities needs of a school district and the
school district's
portion of that basic
project cost under
division (C) of this section,
the project shall be conditionally
approved. Such conditional
approval shall be submitted to the
controlling board for approval
thereof. The controlling board
shall forthwith approve or reject the
commission's determination,
conditional approval, and the amount
of the state's portion of the
basic project cost; however, no
state funds shall be encumbered
under this section. Upon approval
by the controlling board, the
school
district board may identify a discrete part of its
classroom facilities needs,
which shall include only new
construction of or additions or major repairs to
a particular
building, to address with local resources. Upon
identifying a
part
of the school district's basic project cost to
address with
local
resources, the school district board may
allocate any
available
school district moneys to pay the cost of
that
identified part,
including the proceeds of an issuance of bonds if
approved by
the
electors of the school district.
All local resources utilized under this division shall first
be deposited
in the project construction account required under
section 3318.08 of the
Revised Code.
(2) Unless the school district board exercises its option
under
division (D)(3) of this section, for a school district to
qualify
for participation in the
program authorized under this
section,
one of the following conditions shall be
satisfied:
(a) The electors of the school
district by a majority vote
shall approve the levy of taxes outside the
ten-mill limitation
for a period of twenty-three
years
at the rate of not less than
one-half mill for each dollar of valuation
to be
used to pay the
cost of maintaining the classroom facilities
included in the basic
project cost as determined by the commission.
The form
of the
ballot to be used to
submit the question whether to approve the
tax required under this
division to the electors of the school
district shall be the form
for an additional levy of taxes
prescribed in
section 3318.361 of the Revised Code, which may be
combined in a single ballot question with the questions prescribed
under section 5705.218 of the Revised Code.
(b) As
authorized under division (C) of section 3318.05 of
the
Revised Code, the school district
board shall earmark
from the
proceeds of a permanent improvement tax levied
under
section
5705.21
of the Revised Code, an amount equivalent to the
additional
tax
otherwise required
under division (D)(2)(a) of this
section for
the maintenance of
the classroom facilities included
in the basic project cost
as
determined by the commission.
(c) As authorized under section 3318.051 of the Revised Code,
the school district board shall, if approved by the commission,
annually transfer into the maintenance fund required under section
3318.05 of the Revised Code the amount prescribed in section
3318.051 of the Revised Code in lieu of the tax otherwise required
under division (D)(2)(a) of this section for the maintenance of
the classroom facilities included in the basic project cost as
determined by the commission.
(d) If the school district board has rescinded the agreement
to make transfers under section 3318.051 of the Revised Code, as
provided under division (F) of that section, the electors of the
school district, in accordance with section 3318.063 of the
Revised Code, first shall approve the levy of taxes outside the
ten-mill limitation for the period specified in that section at a
rate of not less than one-half mill for each dollar of valuation.
(e) The school district board shall apply the proceeds of a
tax to leverage bonds as authorized under section 3318.052 of the
Revised Code or dedicate a local donated contribution in the
manner described in division (B) of section 3318.084 of the
Revised Code in an amount equivalent to the additional tax
otherwise required under division (D)(2)(a) of this section for
the maintenance of the classroom facilities included in the basic
project cost as determined by the commission.
(3) A school district board may opt to delay taking any of
the actions described in division (D)(2) of
this section
until
such time as the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
In order to exercise this option, the
board
shall certify to the
commission a resolution indicating the
board's
intent to do so
prior to
entering into an agreement under
division (B) of this
section.
(4) If pursuant to division (D)(3) of this section a
district
board
opts to delay levying an additional tax until the
district
becomes eligible
for state assistance, it shall submit
the
question of levying
that tax to the district electors as
follows:
(a) In accordance with section 3318.06 of the Revised
Code
if
it
will also be necessary pursuant to division (E) of this
section
to
submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised
Code
if it
is not necessary to also submit a proposal for approval of a
bond issue
pursuant to division (E) of this section.
(5) No
state assistance under sections 3318.01 to 3318.20 of
the Revised
Code shall be released until a school district
board
that adopts and certifies a resolution under division (D) of this
section also demonstrates to the satisfaction of the commission
compliance with the provisions of division (D)(2) of this section.
Any amount required for maintenance under division (D)(2) of
this section
shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
based on its percentile ranking as determined under division
(B)
of this
section, the commission shall conduct a new assessment of
the school
district's classroom facilities needs and shall
recalculate the basic project
cost based on this new assessment.
The basic project cost recalculated under
this division shall
include the amount of expenditures made by the school
district
board under division (D)(1) of this section. The commission
shall
then recalculate the school district's portion of the new basic
project
cost, which shall be the
percentage of the original basic
project cost
assigned
to the school district as its portion under
division (C) of this
section. The commission shall deduct the
expenditure of school
district moneys made under division (D)(1)
of this section
from the school district's portion of the basic
project cost as recalculated
under this division. If the amount
of
school district resources applied by the school district board
to
the school
district's portion of
the basic project cost under
this
section is less than the total
amount of such portion as
recalculated under this division, the school
district board by a
majority vote of all of its members shall, if
it desires to seek
state assistance under sections 3318.01 to
3318.20 of the Revised
Code, adopt a resolution as specified in
section 3318.06 of the
Revised Code to submit to the electors of
the school district the
question of approval of a bond issue in order to pay
any
additional amount of school district portion
required for state
assistance. Any tax levy approved under
division
(D) of this
section
satisfies the requirements to levy the
additional tax
under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by
the
school
district board to the school district's portion of the
basic project
cost under this section is more than the total
amount of such
portion as recalculated under this division, within
one year after the
school district's portion is recalculated under
division (E)(1) of
this section the commission may
grant to the
school district the difference between
the two
calculated
portions, but at no time shall the commission expend
any state
funds on a project in an amount greater than the state's
portion
of the basic project cost as recalculated under this
division.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission,
which shall not include any financing costs associated
with that
construction.
The school district board shall use any moneys reimbursed to
the
district under this division to pay off any debt service the
district
owes for classroom facilities constructed under its
project under this
section before such moneys are applied to any
other purpose. However, the district board first may deposit
moneys reimbursed under this division into the district's general
fund or a permanent improvement fund to replace local resources
the district withdrew from those funds, as long as, and to the
extent that, those local resources were used by the district for
constructing classroom facilities included in the district's basic
project cost.
(F) If a school district has entered into an agreement with
the commission under this section and the electors of the district
have approved a bond issue to pay the district's portion of the
basic project cost, the district shall not be ranked in a higher
percentile under section 3318.011 of the Revised Code than the
percentile in which the district was ranked on the date that the
bond issue was approved, regardless of the district's three-year
average adjusted valuation per pupil calculated under that section
for any subsequent fiscal year.
Sec. 3318.47. (A) On the effective date of this section, the
director of budget and management shall transfer any amount on
hand in the fund established under former section 3318.47 of the
Revised Code, as that section existed prior to the effective date
of this section, into the fund established under section 3318.15
of the Revised Code.
(B) On or after the effective date of this section, any
amounts received from school districts in repayment of loans made
under former sections 3318.47 to 3318.49, as those sections
existed prior to the effective date of this section, shall be
deposited into the fund established under section 3318.15 of the
Revised Code.
Sec. 3319.28. (A) As used in this section, "STEM school"
means a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code.
(B) Notwithstanding any other provision of the Revised Code
or any rule adopted by the state board of education to the
contrary, the state board shall issue a two-year provisional
educator license for teaching science, technology, engineering,
or mathematics in grades six through twelve in a STEM
school to
any applicant who meets the following conditions:
(1) Holds a bachelor's degree from an accredited institution
of higher education in a field related to the subject area to be
taught;
(2) Has passed an examination prescribed by the state board
in the subject area to be taught.
(C) The holder of a provisional educator license issued under
this section shall complete a structured apprenticeship program
provided by an educational service center or a teacher preparation
program approved under section 3319.23 of the Revised Code, in
partnership with the STEM school that employs the license holder.
The apprenticeship program shall include the following:
(1) Mentoring by a teacher or administrator who regularly
observes the license holder's classroom instruction, provides
feedback on the license holder's teaching strategies and classroom
management, and engages the license holder in discussions about
methods for fostering and measuring student learning;
(2) Regularly scheduled seminars or meetings that address
the
following topics:
(a) The statewide academic standards adopted by the state
board under section 3301.079 of the Revised Code and the
importance of aligning curriculum with those standards;
(b) The achievement tests prescribed by section 3301.0710 of
the Revised Code;
(c) The school district and building accountability system
established under Chapter 3302. of the Revised Code;
(d) Instructional methods and strategies;
(f) Assessing student progress and providing remediation and
intervention, as necessary, to meet students' special needs;
(g) Classroom management and record keeping.
(D) After two years of teaching under a provisional educator
license issued under this section, a person may apply for a
five-year professional educator license in the same subject area
named in the provisional license. The state board shall issue the
applicant a professional educator license if the applicant meets
the following conditions:
(1) The applicant completed the apprenticeship program
described in division (C) of this section.
(2) The applicant receives a positive recommendation
indicating that the applicant is an effective teacher from both of
the following:
(a) The chief administrative officer of the STEM school that
most
recently employed the applicant as a classroom teacher;
(b) The educational service center or teacher preparation
program administrator in charge of the apprenticeship program
completed by the applicant.
(E) The department of education shall evaluate the
experiences of STEM schools with classroom teachers holding
provisional educator licenses issued under this section. The
evaluation shall cover the first two school years for which
licenses are issued and shall consider at least the schools'
satisfaction with the teachers and the operation of the
apprenticeship programs.
Sec. 3319.29. Each application for any license or,
certificate pursuant
to sections 3319.22 to
3319.27 of the Revised
Code or for any, or permit
pursuant to section 3319.301, 3319.302,
3319.303, or 3319.304 of the Revised
Code under this chapter, or
renewal or
duplicate of such a license, certificate, or
permit,
shall be accompanied by the payment of a fee in the amount
established under
division (A)
of section 3319.51 of the Revised
Code. Any fees received under
this section shall be paid into the
state treasury to the credit
of the state board of education
licensure fund
established under division (B) of section 3319.51
of the Revised Code.
Any person applying for or holding a license,
certificate, or
permit pursuant to this section and sections
3319.22 to 3319.27 or
section
3319.301, 3319.302, 3319.303, or 3319.304 of the Revised
Code under this chapter is
subject to
sections 3123.41 to
3123.50
of the Revised Code and any applicable rules adopted under
section
3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of
the Revised Code.
Sec. 3319.291. (A) The state board of
education shall
require each of the following persons, at the times prescribed by
division (A) of this section, to submit
two complete sets of
fingerprints and written permission that
authorizes the
superintendent of public instruction to forward
the fingerprints
to the bureau of criminal identification and
investigation
pursuant to division (F) of section 109.57 of the
Revised Code and
that authorizes that bureau to forward the
fingerprints to the
federal bureau of investigation for purposes
of obtaining any
criminal records that the federal bureau
maintains on the person:
(1) Any person initially applying for any certificate,
license, or permit described in this chapter or in division (B) of
section 3301.071, or in section 3301.074, 3319.088, 3319.29,
3319.302, or 3319.304, or in division (A) of section 3319.303 of
the Revised Code at the time that application is made;
(2) Any person applying for renewal of any certificate,
license, or permit described in division (A)(1) of this section at
the time that application is made;
(3) Any person who is teaching under a professional teaching
certificate issued under former section 3319.22 or under section
3319.222 of the Revised Code upon a date prescribed by the state
board that is not later than five years after the date that the
certificate was issued or renewed;
(4) Any person who is teaching under a permanent teaching
certificate issued under former section 3319.22 or under section
3319.222 of the Revised Code upon a date prescribed by the state
board and every five years thereafter.
(B) Except as provided in division (C) of this section, prior
to issuing or renewing any certificate, license, or permit
described in division (A)(1) or (2) of this section and in the
case of a person required to submit fingerprints and written
permission under division (A)(3) or (4) of this section, the state
board or the superintendent of
public instruction shall request
the superintendent of the bureau
of criminal identification and
investigation to investigate and determine whether the bureau has
any
information, gathered pursuant to division (A) of section
109.57
of the Revised Code, pertaining to any person submitting
fingerprints and written permission under this section. If the
person does not present proof that the person has been a resident
of this state for the five-year period immediately prior to the
date upon which the investigation described in this division is
requested, or does not provide evidence that within that five-year
period the superintendent of the bureau of criminal identification
and investigation has requested information about the person from
the federal bureau of investigation, the state board or the
superintendent of public instruction shall request the
superintendent of the bureau of criminal identification and
investigation to obtain any criminal records that the federal
bureau of
investigation has on the person. If the person presents
proof that the person has been a resident of this state for that
five-year period, the state board or the superintendent of public
instruction may request the superintendent of the bureau of
criminal identification and investigation to obtain any criminal
records that the federal bureau of investigation has on the
person.
(C) The state board or the superintendent of public
instruction may choose not to request any information required by
division (B) of this section if the person applying for the
issuance or renewal of a certificate, license, or permit described
in division (A)(1) or (2) of this section or the person required
to submit fingerprints and written permission under division
(A)(3) or (4) of this section provides proof that a criminal
records check was conducted on the person as a condition of
employment pursuant to section 3319.39 of the Revised Code within
the immediately preceding year. The state board or the
superintendent of public instruction may accept a certified copy
of records that were issued by the bureau of criminal
identification and investigation and that are presented by a
person applying for the issuance or renewal of a certificate,
license, or permit described in this section in lieu of requesting
that information under division (B) of this section if the records
were issued by the bureau within the immediately preceding year.
Sec. 3319.301. (A) As used in this section, "STEM school"
means a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code.
(B) The state board of education shall
issue permits to
individuals who are not licensed as required
by sections 3319.22
to 3319.30 of the Revised Code, but who are
otherwise qualified,
to teach classes for not more than a total
of twelve hours a week,
except that an individual teaching in a STEM school may teach
classes for not more than a total of forty hours a week. The state
board, by rule, shall set
forth the qualifications, other than
licensure under sections
3319.22 to 3319.30 of the Revised Code,
to be met by individuals
in order to be issued a permit as
provided in this section. Such
qualifications shall include the
possession of a baccalaureate,
master's, or doctoral degree in, or
significant experience
related to, the subject the individual is
to teach. Applications
for permits pursuant to this section shall
be made in accordance
with section 3319.29 of the Revised Code.
The state board, by rule, shall authorize the board of
education of each school district and each STEM school to engage
individuals holding
permits issued under this section to teach
classes for not more
than a the total number of twelve hours a
week specified in the permit. The rules shall include
provisions
with regard to each of the following:
(1) That a board of education or STEM school shall engage a
nonlicensed individual to teach
pursuant to this section on a
volunteer basis, or by entering into a contract with the
individual or the individual's employer on such terms and
conditions as are agreed to between the board or school and the
individual or
the individual's employer;
(2) That an employee of the board of education or STEM school
who is
licensed under sections 3319.22 to 3319.30 of the Revised
Code shall directly supervise a nonlicensed individual who is
engaged to teach pursuant to this section until the
superintendent
of the school district or the chief administrative officer of the
STEM
school is satisfied that the
nonlicensed individual has
sufficient
understanding of, and
experience in, effective
teaching methods to
teach without
supervision.
(B)(C) A nonlicensed individual engaged to teach pursuant
to
this section is a teacher for the purposes of Title XXXIII of
the
Revised Code except for the purposes of Chapters 3307. and
3317.
and sections 3319.07 to 3319.31 of the Revised Code. Such
an
individual is not an employee of the school district board of
education or STEM school for the
purpose of Titles I or XLI or
Chapter 3309. of the Revised Code.
(C)(D) Students enrolled in a class taught by a
nonlicensed
individual pursuant to this section and
rules adopted thereunder
shall receive the same credit as if the class
had been taught by
an employee licensed pursuant to sections
3319.22 to 3319.30 of
the Revised Code.
(D)(E) No board of education of any school district shall
engage any one or more nonlicensed individuals if such
employment
displaces from employment an existing licensed
employee of the
district.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in this chapter
or in division (B)
of
section 3301.071, or in section 3301.074,
3319.088,
3319.29,
3319.302, or 3319.304, or in division (A) of
section 3319.303
of the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant,
may limit a license it issues to an
applicant, or may suspend,
revoke, or limit a
license that has been issued to any person:
(1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following:
(b) A violation of section 2907.04 or 2907.06 or
division
(A)
or (B) of section 2907.07 of the Revised Code;
(c) An offense of violence;
(d) A theft offense, as defined in section 2913.01 of the
Revised Code;
(e) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor;
(f) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e) of
this section.
(C) The state board may take action under division (B) of
this section on the basis of substantially comparable conduct
occurring in a jurisdiction outside this state or occurring
before
a person applies for or receives any license.
(D) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3319.55. (A) A grant program is hereby established to
recognize and reward teachers in public and chartered nonpublic
schools who hold valid teaching
certificates or licenses issued by
the national board for professional
teaching
standards. The
superintendent of public instruction shall administer this
program
in accordance with this section and rules which the state board of
education shall adopt in accordance with Chapter 119. of the
Revised Code.
In each fiscal year that the general assembly appropriates
funds for
purposes of this section, the superintendent of public
instruction shall award
a grant to each person who, by the first
day of April of that year
and in
accordance with the rules adopted
under this section, submits to the
superintendent evidence
indicating all both of the following:
(1) The person holds a valid certificate or license issued by
the national
board for professional teaching standards;
(2) The person has been employed full-time as a teacher by
the board of
education of a school district or by a chartered
nonpublic school in this state during the current school year;
(3) The date the person was accepted into the national board
certification or licensure program.
An individual may receive a grant under this section in each
fiscal year the
person is eligible for a grant and submits
evidence of that eligibility in
accordance with this section. No
person may receive a grant after the expiration of the person's
initial certification or license issued by the national board.
(B) The amount of the grant awarded to each eligible person
under
division (A) of this section in any fiscal year shall equal
the following:
(1) Two two
thousand five hundred dollars for any teacher
accepted as a candidate for certification or licensure by the
national board on or before May 31, 2003, and issued a certificate
or license by the national board on or before December 31, 2004;
(2) One thousand dollars for any other teacher issued a
certificate or license by the national board.
However. However, if the funds appropriated for
purposes of
this section in any fiscal year are not sufficient to award the
full grant amount to each person who is eligible in that fiscal
year, the superintendent shall prorate the
amount of the grant
awarded in that fiscal year to each eligible person.
Sec. 3321.03. Except As used in this section and section
3321.04 of the Revised Code, "special education program" means a
school or the educational agency that provides special education
and related services to children with disabilities in accordance
with Chapter 3323. of the Revised Code.
Except as provided in this section, the
parent of a child of
compulsory school age shall cause such child
to attend a school in
the school district in which the child is
entitled to attend
school under division (B) or (F) of section
3313.64 or section
3313.65 of the Revised Code, to participate in
a special education
program under Chapter 3323. of the Revised
Code, or to otherwise
cause him the child to be instructed in
accordance with law. Every
child of compulsory school age shall attend a
school or
participate in a special education program that
conforms to the
minimum standards prescribed by the state board
of education until
the child:
(A) Receives a diploma granted by the board of education
or
other governing authority, successfully completes the
curriculum
of any high school, or successfully completes the
individualized
education program developed for the student by any
high school
pursuant to section 3323.08 Chapter 3323. of the Revised Code;
(B) Receives an age and schooling certificate as provided
in
section 3331.01 of the Revised Code; or
(C) Is excused from school under standards adopted by the
state board of education pursuant to section 3321.04 of the
Revised Code, or if in need of special education, he the child
is
excused from such programs pursuant to section 3321.04 of the
Revised Code.
Sec. 3323.01. As used in this chapter:
(A) "Child with a disability" means a child who is at least
three years of age and less than twenty-two years of age; who has
mental retardation, a hearing impairment (including deafness), a
speech or language impairment, a visual impairment (including
blindness), a serious emotional disturbance, an orthopedic
impairment, autism, traumatic brain injury, an other health
impairment, a specific learning disability, deaf-blindness, or
multiple disabilities; and who, by reason thereof, needs special
education and related services.
A "child with a disability" may include a child who is at
least three years of age and less than six years of age; who is
experiencing developmental delays, as defined by standards adopted
by the state board of education and as measured by appropriate
diagnostic instruments and procedures in one or more of the
following areas: physical development, cognitive development,
communication development, social or emotional development, or
adaptive development; and who, by reason thereof, needs special
education and related services.
(B) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(C) "Free appropriate public education" means special
education and related services that meet all of the following:
(1) Are provided at public expense, under public supervision
and direction, and without charge;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education as otherwise provided by the law of this
state;
(4) Are provided for each child with a disability in
conformity with the child's individualized education program.
(D) "Homeless children" means "homeless children and youths"
as defined in section 725 of the "McKinney-Vento Homeless
Assistance Act," 42 U.S.C. 11434a.
(E) "Individualized education program" or "IEP" means the
written statement described in section 3323.011 of the Revised
Code.
(F) "Individualized education program team" or "IEP team"
means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if
the child is or may be participating in the regular education
environment;
(3) At least one special education teacher, or where
appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of
the following:
(a) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of
the school district.
(5) An individual who can interpret the instructional
implications of evaluation results, who may be a member of the
team as described in divisions (F)(2) to (4) of this section;
(6) At the discretion of the parent or the school district,
other individuals who have knowledge or special expertise
regarding the child, including related services personnel as
appropriate;
(7) Whenever appropriate, the child with a disability.
(G) "Instruction in braille reading and writing" means the
teaching of the system of reading and writing through touch
commonly known as standard English braille.
(H) "Other educational agency" means a department, division,
bureau, office, institution, board, commission, committee,
authority, or other state or local agency, which is not a city,
local, or exempted village school district or an agency
administered by the department of mental retardation and
developmental disabilities, that provides or seeks to provide
special education or related services to children with
disabilities. The term "other educational agency" includes a joint
vocational school district.
(I) "Parent" of a child with a disability, except as used in
sections 3323.09 and 3323.141 of the Revised Code, means:
(1) A natural or adoptive parent of a child but not a foster
parent of a child;
(2) A guardian, but not the state if the child is a ward of
the state;
(3) An individual acting in the place of a natural or
adoptive parent, including a grandparent, stepparent, or other
relative, with whom the child lives, or an individual who is
legally responsible for the child's welfare;
(4) An individual assigned to be a surrogate parent, provided
the individual is not prohibited by this chapter from serving as a
surrogate parent for a child.
(J) "Preschool child with a disability" means a child with a
disability who is at least three years of age but is not of
compulsory school age, as defined under section 3321.01 of the
Revised Code, and who is not currently enrolled in kindergarten.
(K) "Related services" means transportation, and such
developmental, corrective, and other supportive services
(including speech-language pathology and audiology services,
interpreting services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, school nurse services designed to enable a child with
a disability to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling,
orientation and mobility services, school health services, social
work services in schools, and parent counseling and training, and
medical services, except that such medical services shall be for
diagnostic and evaluation purposes only) as may be required to
assist a child with a disability to benefit from special
education, and includes the early identification and assessment of
disabling conditions in children. "Related services" does not
include a medical device that is surgically implanted, or the
replacement of such device.
(L) "School district" means a city, local, or exempted
village school district.
(M) "School district of residence," as used in sections
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,
means:
(1) The school district in which the child's natural or
adoptive parents reside;
(2) If the school district specified in division (M)(1) of
this section cannot be determined, the last school district in
which the child's natural or adoptive parents are known to have
resided if the parents' whereabouts are unknown;
(3) If the school district specified in division (M)(2) of
this section cannot be determined, the school district determined
under section 2151.362 of the Revised Code, or if no district has
been so determined, the school district as determined by the
probate court of the county in which the child resides.
(4) Notwithstanding divisions (M)(1) to (3) of this section,
if a school district is required by section 3313.65 of the Revised
Code to pay tuition for a child, that district shall be the
child's school district of residence.
(N) "Special education" means specially designed instruction,
at no cost to parents, to meet the unique needs of a child with a
disability. "Special education" includes instruction conducted in
the classroom, in the home, in hospitals and institutions, and in
other settings, including an early childhood education setting,
and instruction in physical education.
(O) "Student with a visual impairment" means any person who
is less than twenty-two years of age and who has a visual
impairment as that term is defined in this section.
(P) "Transition services" means a coordinated set of
activities for a child with a disability that meet all of the
following:
(1) Is designed to be within a results-oriented process, that
is focused on improving the academic and functional achievement of
the child with a disability to facilitate the child's movement
from school to post-school activities, including post-secondary
education; vocational education; integrated employment (including
supported employment); continuing and adult education; adult
services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into
account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community
experiences, the development of employment and other post-school
adult living objectives, and, when appropriate, acquisition of
daily living skills and functional vocational evaluation.
"Transition services" for children with disabilities may be
special education, if provided as specially designed instruction,
or may be a related service, if required to assist a child with a
disability to benefit from special education.
(Q) "Visual impairment" for any individual means that one of
the following applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in
the better eye with correcting lenses or has a limited field of
vision in the better eye such that the widest diameter subtends an
angular distance of no greater than twenty degrees.
(2) The individual has a medically indicated expectation of
meeting the requirements of division (Q)(1) of this section over a
period of time.
(3) The individual has a medically diagnosed and medically
uncorrectable limitation in visual functioning that adversely
affects the individual's ability to read and write standard print
at levels expected of the individual's peers of comparable ability
and grade level.
(R) "Ward of the state" has the same meaning as in section
602(36) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1401(36).
Sec. 3323.011. As used in this chapter, "individualized
education program" or "IEP" means a written statement for each
child with a disability that is developed, reviewed, and revised
in accordance with this definition and that includes:
(A) A statement of the child's present levels of academic
achievement and functional performance, including:
(1) How the child's disability affects the child's
involvement and progress in the general education curriculum;
(2) For a preschool child with a disability, as appropriate,
how the disability affects the child's participation in
appropriate activities;
(3) For a child with a disability who is not a preschool
child and who will take alternate assessments aligned to alternate
achievement standards, a description of benchmarks or short-term
objectives.
(B) A statement of measurable annual goals, including
academic and functional goals and, at the discretion of the
department of education, short-term instructional objectives that
are designed to:
(1) Meet the child's needs that result from the child's
disability so as to enable the child to be involved in and make
progress in the general education curriculum;
(2) Meet each of the child's other educational needs that
result from the child's disability.
(C) A description of how the child's progress toward meeting
the annual goals described pursuant to division (B) of this
section will be measured and when periodic reports on the progress
the child is making toward meeting the annual goals will be
provided. Such reports may be quarterly or other periodic reports
that are issued concurrent with the issuance of regular report
cards.
(D) A statement of the special education and related services
and supplementary aids and services, based on peer-reviewed
research to the extent practicable, to be provided to the child,
or on behalf of the child, and a statement of the program
modifications or supports for school personnel that will be
provided for the child so that the child may:
(1) Advance appropriately toward attaining the annual goals
described pursuant to division (B) of this section;
(2) Be involved in and make progress in the general education
curriculum and participate in extracurricular and other
nonacademic activities;
(3) Be educated with and participate with both other children
with disabilities and nondisabled children in the specific
activities described pursuant to division (D) of this section.
(E) An explanation of the extent, if any, to which the child
will not participate with nondisabled children in the regular
class, including an early childhood education setting, and in the
activities described pursuant to division (D) of this section;
(F) A statement of any individual appropriate accommodations
that are necessary to measure the academic achievement and
functional performance of the child on state and districtwide
assessments consistent with section 612(a)(16) of the "Individuals
with Disabilities Education Improvement Act of 2004," 20 U.S.C.
1412(a)(16). If the IEP team determines that the child shall take
an alternate assessment on a particular state or districtwide
assessment of student achievement, the IEP shall contain a
statement of why the child cannot participate in the regular
assessment and why the particular alternate assessment selected is
appropriate for the child.
(G) The projected date for the beginning of the services and
modifications described pursuant to division (D) of this section
and the anticipated frequency, location, and duration of those
services and modifications;
(H) Beginning not later than the first IEP to be in effect
when the child is sixteen years of age, and updated annually
thereafter, a statement describing:
(1) Appropriate measurable post-secondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and independent living skills;
(2) The transition services, including courses of study,
needed to assist the child in reaching the goals described in
division (H)(1) of this section.
(I) Beginning not later than one year before the child
reaches eighteen years of age, a statement that the child has been
informed of the child's rights under Title XX of the United States
Code that will transfer to the child on reaching eighteen years of
age in accordance with section 615(m) of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C.
1415(m).
Nothing in this section shall be construed to require that
additional information be included in a child's IEP beyond the
items explicitly required by this section and that the IEP team
include information under one component of a child's IEP that is
already contained under another component of the IEP.
Sec. 3323.011 3323.013. (A) The individualized education
program
required for any student with a visual disability
impairment under this
chapter shall include the following, in
addition to the
statements required pursuant to division (E) of
section 3323.01
3323.011 of the Revised Code:
(1) A statement that instruction in braille reading and
writing was carefully considered for the student and that
pertinent literature describing the educational benefits of
instruction in braille reading and writing was reviewed by the
persons developing the student's individualized education
program;
(2) A statement specifying the one or more reading and
writing media in which instruction is appropriate for the
student's educational needs;
(3) If instruction in braille reading and writing is
specified as appropriate for the student pursuant to division
(A)(2) of this section, a statement of the instruction in braille
reading and writing that is to be provided to the student. This
statement shall specify the date on which the instruction is to
commence, the frequency and duration of instruction sessions, the
level of competency in braille reading and writing expected to be
achieved annually, and the objective assessment measures to be
used. Whenever appropriate, the expected level of braille
competency for the student shall be to enable the student to
communicate effectively and efficiently with the same level of
proficiency expected of the student's peers of comparable ability
and grade level and the instruction in braille reading and
writing
that is to be provided shall be designed accordingly.
(B) If the individualized education program for any
student
with a visual disability impairment does not specify instruction
in
braille reading and writing as appropriate for the student
pursuant to division (A)(2) of this section, each annual review
of
that student's individualized education program, as provided
pursuant to division (C) of section 3323.08 of the Revised Code,
shall include a written statement specifying the reasons why
instruction in braille reading and writing is not appropriate for
the student.
(C)(1) No student with a visual disability impairment shall
be denied
instruction in braille reading and writing pursuant to
this
section solely because the student has some remaining vision
or
because the student is to receive reading and writing
instruction
in another medium.
(2) Nothing in this section shall be construed to require
the
exclusive use of instruction through the medium of braille
reading
and writing if other reading and writing media are
appropriate to
a student's educational needs.
(D) Any instruction in braille reading and writing
provided
to any student with a visual disability impairment pursuant to
division (A)(3) of this section shall be provided by a teacher
licensed to teach students with visual disabilities impairments.
Sec. 3323.014. If an agency other than the school district
responsible for a child's IEP fails to provide the transition
services described in the IEP, the school district that is
responsible for the IEP shall reconvene the IEP team to identify
alternative strategies to meet the transition objectives for the
child set out in the child's IEP.
Sec. 3323.02. It As used in this section, "IDEIA" means the
"Individuals with Disabilities Education Improvement Act of 2004,"
Pub. L. No. 108-446.
It is the purpose of this chapter to assure
ensure that all
handicapped children three to twenty-one years of age in
this
state shall be provided with an with disabilities residing in this
state who are at least three years of age and less than twenty-two
years of age, including children with disabilities who have been
suspended or expelled from school, have available to them a free
appropriate public
education. No educational program for
handicapped children shall
be operated except in accordance with
procedures, standards, and
guidelines adopted by the state board
of education, and no school
district, county board of mental
retardation and developmental
disabilities, or other educational
agency shall receive state or
federal funds for a special
education program unless such program
is operated in accordance
with all procedures, standards, and
guidelines adopted by the
state board. The state board of
education shall establish
standards for special education and
related services for all
handicapped children in the state,
regardless of the severity of
their handicap school district, county MR/DD board, or other
educational agency shall receive state or federal funds for
special education and related services unless those services for
children with disabilities are provided in accordance with IDEIA
and related provisions of the Code of Federal Regulations, the
provisions of this chapter, rules and standards adopted by the
state board of education, and any procedures or guidelines issued
by the superintendent of public instruction. Any options or
discretion provided to the state by IDEIA may be exercised in
state law or in rules or standards adopted by the state board of
education.
The state board of education shall establish rules or
standards for the provision of special education and related
services for all children with disabilities who are at least three
years of age and less than twenty-two years of age residing in the
state, regardless of the severity of their disabilities, including
children with disabilities who have been suspended or expelled
from school. The state law and the rules or standards of the state
board of education may impose requirements that are not required
by IDEIA or related provisions of the Code of Federal Regulations.
The school district of residence is responsible, in all instances,
for ensuring that the requirements of Part B of IDEIA are met for
every eligible child in its jurisdiction, regardless of whether
services are provided by another school district, other
educational agency, or other agency, department, or entity, unless
IDEIA or related provisions of the Code of Federal Regulations,
another section of this chapter, or a rule adopted by the state
board of education specifies that another school district, other
educational agency, or other agency, department, or entity is
responsible for ensuring compliance with Part B of IDEIA.
Notwithstanding division (A)(4) of section 3301.53 of the
Revised Code and any rules adopted pursuant to that section and
division (A) of section 3313.646 of the Revised Code, a board of
education of a school district may operate an educational program
for handicapped provide special education and related services for
preschool children with disabilities in accordance with this
chapter and section 3301.52, divisions (A)(1) to (3) and (A)(5)
and (6) of section 3301.53, and sections 3301.54 to 3301.57
3301.59 of
the Revised Code.
The state board of education superintendent of public
instruction may require any state or local
agency to provide
documentation that programs for handicapped
children operated
special education and related services for children with
disabilities provided by the agency are in compliance with the
requirements of this chapter.
Not later than the first day of February of each year the
superintendent of public instruction shall furnish the chairmen
chairpersons
of the education committees of the house of
representatives and
the senate with a report on the status of
implementation of
programs and special education and related
services for handicapped children with disabilities required by
this
chapter. The report shall include but shall not be limited to
the following items: the most recent available figures on the
number of children identified as handicapped, the number of
persons placed in appropriate special education programs, and a
summary of the reasons for nonplacement of identified persons
children with disabilities and the number of identified children
receiving special education and related services.
The information
contained in these reports shall be public
information.
Sec. 3323.03. The state board of education shall, in
consultation with the department of health, the department of
mental health, and the
department of mental retardation and
developmental disabilities,
establish standards and procedures for
the identification,
location, and evaluation of all handicapped
children with disabilities residing in the
state, including
children with disabilities who are homeless children or are wards
of the state and children with disabilities attending nonpublic
schools, regardless of the severity of their handicap. No single
method, device, or evaluation criterion shall be the sole
criterion for determining an appropriate educational program for
a
handicapped child. The state board shall require the disabilities,
and who are in need of special education and related services. The
state board shall develop and implement a practical method to
determine which children with disabilities are currently receiving
needed special education and related services.
In conducting the evaluation, the board of education of each
school district shall use a variety of assessment tools and
strategies to gather relevant functional, developmental, and
academic information about the child, including information
provided by the child's parent. The board of
education of each
school district, in consultation with the
county boards of mental
retardation and developmental
disabilities and the boards MR/DD
board, the county family and children first council, and the board
of alcohol, drug addiction, and
mental health services of each
county in which the school
district has territory, to shall
identify, locate, and evaluate all
handicapped children with
disabilities residing within the district to determine
which
handicapped children with disabilities are not receiving
appropriate special
education and related services. In addition,
the board of education of each school district, in consultation
with such county boards or council, shall identify, locate, and
evaluate all children with disabilities who are enrolled by their
parents in nonpublic elementary and secondary schools located
within the public school district, without regard to where those
children reside in accordance with rules of the state board of
education or guidelines of the superintendent of public
instruction.
County boards of mental retardation and developmental
disabilities and boards Each county MR/DD board, county family and
children first council, and board of alcohol, drug addiction, and
mental
health services and their the board's or council's contract
agencies may transmit to
boards of education the names and
addresses of handicapped
children with disabilities who are not
receiving appropriate special education and
related services.
Sec. 3323.031. The board of education of each school
district shall annually
assess the reading and writing skills of
each student with a visual disability
impairment enrolled in the
district in each medium in which instruction is specified as
appropriate for the student pursuant to division (A)(2) of section
3323.011 3323.013 of
the Revised Code. The results of each
assessment shall be provided in a
written statement that specifies
the student's strengths and weaknesses in
each medium assessed.
Sec. 3323.04. The state board of education, in
consultation
with the department of mental health and the
department of mental
retardation and developmental disabilities,
shall establish
procedures and standards for the placement of
handicapped children
in appropriate educational programs development of individualized
education programs for children with disabilities.
The state board shall require the board of education of
each
school district to place each handicapped child three to
twenty-one years of age residing within the district in an
appropriate education program in accordance with section 3319.01
of the Revised Code, which may include instruction in regular
classes, a special education program, or any combination thereof.
Prior develop an individualized education program for each child
with a disability who is at least three years of age and less than
twenty-two years of age residing in the district in a manner that
is in accordance with rules of the state board.
Prior to the placement of a handicapped child with a
disability in a program
operated under section 3323.09 of the
Revised Code, the district board of
education shall consult the
county MR/DD board of mental retardation
and developmental
disabilities of the county in which the child
resides. The board
of education shall evaluate the educational
placement of each
handicapped child at least once each year regarding the proposed
placement.
A child with a disability enrolled in a nonpublic school or
facility shall be provided special education and related services,
in accordance with an individualized education program, at no cost
for those services, if the child is placed in, or referred to,
that nonpublic school or facility by the department of education
or a school district.
The IEP team shall review the individualized education
program of each child with a disability periodically, but at least
annually, to determine whether the annual goals for the child are
being achieved, and shall revise the individualized education
program as appropriate.
The state board shall establish procedures and standards to
assure that to the maximum extent appropriate, handicapped
children with disabilities, including children in public or
private institutions or
other care facilities, shall be educated
with children who are
not handicapped disabled. Special classes,
separate schools, or other removal of children with disabilities
from the regular educational environment shall be used only when
the nature or severity of a child's disability is such that
education in regular classes with supplementary aids and services
cannot be achieved satisfactorily.
If an agency directly affected by a placement decision
objects to such decision, an independent impartial hearing
officer,
appointed by the school district and the objecting agency
department of education from a
list prepared by the state
department of education in
consultation with the department of
mental health or the
department of mental retardation and
developmental disabilities,
shall conduct a hearing to review the
placement decision. The
agencies that are parties to a hearing
shall divide the costs of
such hearing equally. The decision of
the hearing officer shall
be final, except that any party to the
hearing who is aggrieved by the findings or the decision of the
hearing officer may appeal the findings or decision in accordance
with division (H) of section 3323.05 of the Revised Code or the
parent of any child affected by such decision or his parents may
present a complaint in accordance with that section 3323.05 of the
Revised Code.
Sec. 3323.041. To the extent consistent with the number and
location of children with disabilities in the state who are
enrolled by their parents in nonpublic elementary and secondary
schools in the school district served by a board of education of a
school district, provision is made for the participation of those
children in the program for the education of children with
disabilities which is assisted or carried out under Part B of the
Individuals with Disabilities Education Improvement Act of 2004,
P.L. 108-446. The district in which the nonpublic elementary or
secondary school is located shall provide for such children
special education and related services in accordance with Section
612(a)(10) of the Individuals with Disabilities Education
Improvement Act of 2004, 20 U.S.C. 1412(a)(10) and related
provisions of the Code of Federal Regulations and in accordance
with any rules adopted by the state board of education or
guidelines issued by the superintendent of public instruction.
Amounts to be expended for the provision of those services,
including direct services to parentally placed nonpublic school
children, by the school district shall be equal to a proportionate
amount of federal funds made available under Part B of the
Individuals with Disabilities Education Improvement Act of 2004.
The school district shall exercise the following responsibilities
towards parentally placed children with disabilities who attend
nonpublic schools located in the school district: child find,
timely and meaningful consultation, written affirmation of timely
and meaningful consultation, compliance, and provision of
equitable services, as provided by the Individuals with
Disabilities Education Improvement Act of 2004 and related
provisions of the Code of Federal Regulations and in accordance
with any rules adopted by the state board of education or
guidelines issued by the superintendent of public instruction.
Sec. 3323.05. The state board of education shall establish
procedures to assure ensure that handicapped children with
disabilities and their parents
are guaranteed procedural
safeguards in decisions under this
chapter relating to the
identification, evaluation, or
educational placement of a
handicapped child or the provision of
education or related
services under this chapter with respect to a free appropriate
public education.
The procedures shall include, but need not be limited to:
(A) An opportunity for the parents of a child with a
disability to examine all relevant
records related to the child
and to participate in meetings with respect to identification,
evaluation, or
and educational placement of the child, and to
obtain at their own
expense an independent educational evaluation
of the child;
(B) Procedures to protect the rights of the child when
whenever the
parents of the child are unknown or unavailable not
known, an agency after making reasonable efforts cannot find the
parents, or when the
child is a ward of the state, including the
assignment, in
accordance with section 3323.051 of the Revised
Code, of an
individual to act as a surrogate for the parents;
(C) Prior written notice to the child's parents of any
a
school district's proposal or refusal to initiate or change the
identification,
evaluation, or educational placement of the child,
including
notice of all procedures available under this section.
The state
board of education may establish procedures to provide
for the
written acknowledgment by the parent of a notice of a
child's
placement or change of placement. In cases when no written
acknowledgment has been obtained, notice of placement or change
of
placement shall be made by certified mail. A parent's
acknowledgment under this division does not negate his rights to
present complaints and appeal a placement decision under this
section or the provision of a free appropriate education for the
child. The procedures established under this division shall:
(1) Be designed to ensure that the written prior notice is in
the native language of the parents, unless it clearly is not
feasible to do so.
(2) Specify that the prior written notice shall include:
(a) A description of the action proposed or refused by the
district;
(b) An explanation of why the district proposes or refuses to
take the action and a description of each evaluation procedure,
assessment, record, or report the district used as a basis for the
proposed or refused action;
(c) A statement that the parents of a child with a disability
have protection under the procedural safeguards and, if the notice
is not in regard to an initial referral for evaluation, the means
by which a copy of a description of the procedural safeguards can
be obtained;
(d) Sources for parents to contact to obtain assistance in
understanding the provisions of Part B of the "Individuals with
Disabilities Education Improvement Act of 2004";
(e) A description of other options considered by the IEP team
and the reason why those options were rejected;
(f) A description of the factors that are relevant to the
agency's proposal or refusal.
(D) An opportunity for the child or his child's parents to
present
complaints to the superintendent of the child's school
district of residence with respect to any matter relating to the
identification, evaluation, or
educational placement of the child,
or the provision of special
education a free appropriate public
education under this chapter to the superintendent of the school
district of the child's residence. Upon presentation of a
complaint, the superintendent shall review the case, may conduct
an informal hearing, and shall notify all parties of his decision.
Where the child is placed in a program
operated by a
county board
of mental retardation and developmental disabilities
or other
educational agency, the superintendent shall consult
with the
administrator of the agency involved. Any party
aggrieved by the
decision of the superintendent may present a
formal complaint in
writing to the board of education.
(E) When a formal written complaint is received, an
opportunity for the aggrieved party to receive a due process
hearing conducted by an impartial hearing officer in accordance
with standards and procedures adopted by the state board of
education. No hearing shall be conducted by an employee of the
board of education or any agency involved in the education or
care
of the child.
A Within twenty school days after receipt of a complaint, the
district superintendent or the superintendent's designee, without
undue delay and at a time and place convenient to all parties,
shall review the case, may conduct an administrative review, and
shall notify all parties in writing of the superintendent's or
designee's decision. Where the child is placed in a program
operated by a county MR/DD board or other educational agency, the
superintendent shall consult with the administrator of that county
MR/DD board or agency.
Any party aggrieved by the decision of the district
superintendent or the superintendent's designee may file a
complaint with the state board as provided under division (E) of
this section, request mediation as provided under division (F) of
this section, or present a due process complaint notice and
request for a due process hearing in writing to the superintendent
of the district, with a copy to the state board, as provided under
division (G) of this section.
(E) An opportunity for a party to file a complaint with the
state board of education with respect to the identification,
evaluation, or educational placement of the child, or the
provision of a free appropriate public education to such child.
The department of education shall review and, where appropriate,
investigate the complaint and issue findings.
(F) An opportunity for parents and a school district to
resolve through mediation disputes involving any matter.
(1) The procedures established under this section shall
ensure that the mediation process is voluntary on the part of the
parties, is not used to deny or delay a parent's right to a due
process hearing or to deny any other rights afforded under this
chapter, and is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
(2) A school district may establish procedures to offer to
parents and schools that choose not to use the mediation process,
an opportunity to meet, at a time and location convenient to the
parents, with a disinterested party to encourage the use, and
explain the benefits, of the mediation process to the parents. The
disinterested party shall be an individual who is under contract
with a parent training and information center or community parent
resource center in the state or is under contract with an
appropriate alternative dispute resolution entity.
(3) The department shall maintain a list of individuals who
are qualified mediators and knowledgeable in laws and regulations
relating to the provision of special education and related
services.
(4) The department shall bear the cost of the mediation
process, including the costs of meetings described in division
(F)(2) of this section.
(5) Each session in the mediation process shall be scheduled
in a timely manner and shall be held in a location that is
convenient to the parties to the dispute.
(6) Discussions that occur during the mediation process shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding.
(7) In the case that a resolution is reached to resolve the
complaint through the mediation process, the parties shall execute
a legally binding agreement that sets forth the resolution and
that:
(a) States that all discussions that occurred during the
mediation process shall be confidential and shall not be used as
evidence in any subsequent due process hearing or civil
proceeding;
(b) Is signed by both the parent and a representative for the
school district who has the authority to bind the district;
(c) Is enforceable in any state court of competent
jurisdiction or in a district court of the United States.
(G)(1) An opportunity for parents or a school district to
present a due process complaint and request for a due process
hearing to the superintendent of the school district of the
child's residence with respect to the identification, evaluation,
or educational placement of the child, or the provision of a free
appropriate public education to the child. The party presenting
the due process complaint and request for a due process hearing
shall provide due process complaint notice to the other party and
forward a copy of the notice to the state board. The due process
complaint notice shall include:
(a) The name of the child, the address of the residence of
the child, or the available contact information in the case of a
homeless child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child
relating to the proposed initiation or change, including facts
relating to the problem;
(c) A proposed resolution of the problem to the extent known
and available to the party at the time.
A party shall not have a due process hearing until the party,
or the attorney representing the party, files a notice that meets
the requirement for filing a due process complaint notice.
A due process hearing shall be conducted by an impartial
hearing officer in accordance with standards and procedures
adopted by the state board. A hearing officer shall not be an
employee of the state board or any agency involved in the
education or care of the child or a person having a personal or
professional interest that conflicts with the person's objectivity
in the hearing. A hearing officer shall possess knowledge of, and
the ability to understand, the provisions of the "Individuals with
Disabilities Education Improvement Act of 2004," federal and state
regulations pertaining to that act, and legal interpretations of
that act by federal and state courts; possess the knowledge and
ability to conduct hearings in accordance with appropriate
standard legal practice; and possess the knowledge and ability to
render and write decisions in accordance with appropriate standard
legal practice. The due process requirements of section 615 of the
"Individuals with Disabilities Education Improvement Act of 2004,"
20 U.S.C. 1415, apply to due process complaint notices and
requests for due process hearings and to due process hearings held
under division (G) of this section, including, but not limited to,
timelines for requesting hearings, requirements for sufficient
complaint notices, resolution sessions, and sufficiency and
hearing decisions.
(2) Discussions that occur during a resolution session shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding. If a
resolution to the dispute is reached at a resolution session, the
parties must execute a legally binding written settlement
agreement which shall state that all discussions that occurred
during the resolution process shall be confidential and shall not
be used as evidence in any subsequent due process hearing or civil
proceeding.
(3) A party to a hearing under this division (G) of this
section shall be accorded:
(1)(a) The right to be accompanied and advised by counsel and
by individuals with special knowledge or training with respect to
the problems of handicapped children with disabilities;
(2)(b) The right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
(3)(c) The right to a written or electronic verbatim record
of such the hearing;
(4)(d) The right to written findings of fact and decisions,
which findings of fact and decisions shall be made available to
the public consistent with the requirements relating to the
confidentiality of personally identifiable data, information, and
records collected and maintained by state educational agencies and
local educational agencies; and shall be transmitted to the
advisory panel established and maintained by the department for
the purpose of providing policy guidance with respect to special
education and related services for children with disabilities in
the state.
(F)(H) An opportunity for any party aggrieved by the findings
and decision rendered in a hearing under division (E)(G) of this
section to appeal within forty-five days of notification of the
decision to the state board of education, which shall appoint a
reviewing state level officer who shall review the case and issue
a final
order. The reviewing state level officer shall be
appointed and shall review
the case in accordance with standards
and procedures adopted by
the state board.
Any party aggrieved by the final order of the reviewing
state
level officer may appeal the final order, in accordance with
Chapter 119. of the Revised Code, within forty-five days of
after
notification of the order to the court of common pleas of the
county in which the child's school district of residence is
located, under Chapter 119. of the Revised Code or to a district
court of the United States within ninety days after the date of
the decision of the state level review officer, as provided in
section 615(i)(2) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1415(i)(2).
Sec. 3323.051. No individual shall be assigned to act as a
surrogate parent for the parents of a child with a disability
under
division (B) of section 3323.05 of the Revised Code if he
the
individual is an employee of
the department of education or
the school district or any other agency involved in the education
or care of the child or if he the
individual has any interest
that
conflicts with the interests of the child. If a conflict of
interest
arises subsequent to the assignment of a surrogate
parent, the authority that
made the assignment shall terminate it
and assign another surrogate parent.
Neither the surrogate parent
nor the authority that assigned him the
surrogate shall be
liable
in civil damages for acts of the surrogate parent unless such acts
constitute willful or wanton misconduct.
Sec. 3323.052. Not later than January 31, 2008, the
department of education shall develop a document that compares a
parent's and child's rights under this chapter and 20 U.S.C. 1400
et seq. with the parent's and child's rights under the special
education scholarship pilot program, established in sections
3310.51 to 3310.63 of the Revised Code, including the deadline for
application for a scholarship or renewal of a scholarship and
notice of that application to the child's school district,
prescribed in division (C) of section 3310.52 of the Revised Code,
and the provisions of divisions (A) and (B) of section 3310.53 of
the Revised Code. The department shall revise that document as
necessary to reflect any pertinent changes in state or federal
statutory law, rule, or regulation enacted or adopted after the
initial document is developed. The department and each school
district shall ensure that the document prescribed in this section
is included in, appended to, or otherwise distributed in
conjunction with the notice required under 20 U.S.C. 1415(d), and
any provision of the Code of Federal Regulations implementing that
requirement, in the manner and at all the times specified for such
notice in federal law or regulation. As used in this section, a
"child's school district" means the school district in which the
child is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
Sec. 3323.06. (A) The state board of education shall
develop, implement, provide general supervision of, and assure
compliance with a state plan for the following:
(1) The identification, location, and evaluation of all
children with disabilities in the state;
(2) The provision of special education and related services
to ensure a free appropriate public education for all children
with disabilities at least three years of age and less than
twenty-two years of age, including children with disabilities who
have been suspended or expelled from school;
(3) The availability of special education and related
services for children with disabilities under three years of age,
as authorized by division (C) of this section and as specified in
rules of the state board.
The state plan shall provide assurances that the state board
has in effect policies and procedures to ensure that the state
meets the conditions specified in section 612 of the "Individuals
with Disabilities Education Improvement Act of 2004," 20 U.S.C.
1412.
(B) The state board shall establish and maintain an advisory
panel for the purpose of providing policy guidance with respect to
special education and related services for children with
disabilities in the state. A majority of the members of the panel
shall be individuals with disabilities or parents of children with
disabilities representing all ages, birth through twenty-six years
of age. The advisory panel shall meet the requirements of section
612(a)(21) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1412(a)(21), and related
provisions of the Code of Federal Regulations. The panel shall
advise the Ohio department of education of unmet needs within the
state in the education of children with disabilities; comment
publicly on rules proposed by that department regarding the
education of children with disabilities; advise that department in
developing evaluations and reporting on data to the United States
secretary of education under section 618 of the act, 20 U.S.C.
1418; advise the Ohio department in developing corrective action
plans to address findings identified in federal monitoring reports
under Part B of the act; and advise the Ohio department in
developing and implementing policies relating to the coordination
of services for children with disabilities.
(C) In addition to the policies and procedures authorized
under division (A) of this section, the state board may authorize
school districts to establish and maintain special education and
related services for children less than three years of age as
specified in rules of the state board.
(D) In the exercise of its general supervisory
responsibility, the state board shall monitor the implementation
of Part B of the "Individuals with Disabilities Education
Improvement Act of 2004" by school districts. Monitoring
activities shall include, but are not limited to, focused
monitoring, investigations of complaints, and technical
assistance. The primary focus of the state board's monitoring
activities shall be improving educational results and functional
outcomes for all children with disabilities and ensuring that the
state board meets the program requirements under Part B, with a
particular emphasis on those requirements that are most closely
related to improving educational results for children with
disabilities.
Sec. 3323.07. The state board of education shall authorize
the establishment
and maintenance of programs for the education of
all handicapped children
three to twenty-one years of age, and may
authorize such programs for
handicapped children under three years
of age special education and related services for all children
with disabilities who are at least three years of age and less
than twenty-two years of age, including children with disabilities
who have been suspended or expelled from school, and may authorize
special education and related services for children with
disabilities who are less than three years of age in accordance
with rules adopted by the state board. The state board shall
require
the boards of education of school districts, shall
authorize the department of
mental health and the department of
mental retardation and developmental
disabilities, and may
authorize any other educational agency, to establish and
maintain
such special educational programs education and related services
in accordance with standards
adopted by the state board of
education.
Sec. 3323.08. (A) Each school district shall submit a plan
to the superintendent of public instruction that provides
assurances that the school district will provide for the education
of children with disabilities within its jurisdiction and has in
effect policies, procedures, and programs that are consistent with
the policies and procedures adopted by the state board of
education in accordance with section 612 of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,
and that meet the conditions applicable to school districts under
section 613 of that act, 20 U.S.C. 1413.
Each district's plan shall do all of the following:
(1) Provide, as specified in section 3323.11 of the Revised
Code and in accordance with standards established by the state
board, for an organizational structure and necessary and qualified
staffing and supervision for the identification of and provision
of special education and related services for children with
disabilities;
(2) Provide, as specified by section 3323.03 of the Revised
Code and in accordance with standards established by the state
board, for the identification, location, and evaluation of all
children with disabilities residing in the district, including
children with disabilities who are homeless children or are wards
of the state and children with disabilities attending private
schools and who are in need of special education and related
services. A practical method shall be developed and implemented to
determine which children with disabilities are currently receiving
needed special education and related services.
(3) Provide, as specified by section 3323.07 of the Revised
Code and standards established by the state board, for the
establishment and maintenance of special education and related
services for children with disabilities who are at least three
years of age and less than twenty-two years of age, including
children with disabilities who have been suspended or expelled
from school.
(4) Provide, as specified by section 3323.04 of the Revised
Code and in accordance with standards adopted by the state board,
for an individualized education program for each child with a
disability who is at least three years of age and less than
twenty-two years of age residing within the district;
(5) Provide, as specified by section 3323.02 of the Revised
Code and in accordance with standards established by the state
board, for special education and related services and a free
appropriate public education for every child with a disability who
is at least three years of age and less than twenty-two years of
age, including children with disabilities who have been suspended
or expelled from school;
(6) Provide procedural safeguards and prior written notice as
required under section 3323.05 of the Revised Code and the
standards established by the state board;
(7) Outline the steps that have been or are being taken to
comply with standards established by the state board.
(B)(1) A school district may arrange, by a cooperative
agreement or contract with one or more school districts or with a
cooperative education or joint vocational school district or an
educational service center, to provide for the identification,
location, and evaluation of children with disabilities, and to
provide special education and related services for such children
that meet the standards established by the state board. A school
district may arrange, by a cooperative agreement or contract, for
the provision of related services for children with disabilities
that meet the standards established by the state board.
(2) A school district shall arrange by interagency agreement
with one or more school districts or with a cooperative education
or joint vocational school district or an educational service
center or other providers of early learning services to provide
for the identification, location, evaluation of children with
disabilities of ages birth through five years of age and for the
transition of children with disabilities at age three in
accordance with the standards established by the state board. A
school district may arrange by interagency agreement with
providers of early learning services to provide special education
and related services for such children that meet the standards
established by the state board.
(3) If at the time an individualized education program is
developed for a child a school district is not providing special
education and related services required by that individualized
education program, the school district may arrange by contract
with a nonpublic entity for the provision of the special education
and related services, provided the special education and related
services meet the standards for special education and related
services established by the state board and is provided within the
state.
(4) Any cooperative agreement or contract under division
(B)(1) or (2) of this section involving a local school district
shall be approved by the governing board of the educational
service center which serves that district.
(C) No plan of a local school district shall be submitted to
the superintendent of public instruction until it has been
approved by the superintendent of the educational service center
which serves that district.
(D) Upon approval of a school district's plan by the
superintendent of public instruction, the district shall
immediately certify students for state funds under section 3317.03
of the Revised Code to implement and maintain such plan. The
district also shall request approval of classroom units under
division (B) of section 3317.05 of the Revised Code for which the
district has adequately identified preschool children with
disabilities and shall, in accordance with procedures adopted by
the state board, request approval of units under division (C) of
section 3317.05 of the Revised Code. The district shall, in
accordance with guidelines adopted by the state board, identify
problems relating to the provision of qualified personnel and
adequate facilities, and indicate the extent to which the cost of
programs required under the plan will exceed anticipated state
reimbursement. Each school district shall immediately implement
the identification, location, and evaluation of children with
disabilities in accordance with this chapter, and shall implement
those parts of the plan involving placement and provision of
special education and related services.
Sec. 3323.09. (A) As used in this section:
(1)
"Home" has the meaning given in section 3313.64 of the
Revised Code;.
(2)
"Preschool child" means a child who is at least age
three
but under age six on the thirtieth day of September of an
academic
year.
(B) Each county MR/DD board shall establish special
education
programs for all handicapped children with disabilities who in
accordance
with section 3323.04 of the Revised Code have been
placed in
special education programs operated by the county board
and for
preschool children who are developmentally delayed or at
risk of
being developmentally delayed. The board annually shall
submit
to
the department of education a plan for the provision of
these
programs and, if applicable, a request for approval of units
under
section 3317.05 of the Revised Code. The superintendent of
public
instruction shall review the plan and approve or modify it
in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board
of
education.
A county MR/DD board may combine transportation for
children
enrolled in
classes funded under section 3317.20 or units approved
under section 3317.05 with
transportation for children and adults
enrolled in programs and
services offered by the board under
section 5126.12 of the Revised Code.
(C) A county MR/DD board that during the school year
provided
special education pursuant to this section for any
mentally
handicapped child with mental disabilities under twenty-two years
of age shall
prepare and submit the following reports and
statements:
(1) The board shall prepare a statement for each child who
at
the time of receiving such special education was a resident of
a
home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose natural
or adoptive parents
are not known to have been residents of this
state subsequent to
the child's birth. The statement shall contain
the child's name,
the name of
the child's school district of
residence, the
name
of
the
county board providing the special
education, and the
number
of
months, including any fraction of a
month, it was
provided.
Not
later than the thirtieth day of June,
the board
shall forward
a
certified copy of such statement to both
the
director of mental
retardation and developmental disabilities
and
to the home.
Within thirty days after its receipt of a statement, the
home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school
district
that is the school district of residence of one or more
of such
children for whom statements are not required by division
(C)(1)
of this section. The report shall contain the name of the
county
board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that
the child received it, and the
name
of
the
child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies
of
each report to the school district named in the report, the
superintendent of public instruction, and the director of mental
retardation and developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children with disabilities in
institutions under
their jurisdiction according to standards
adopted by the state
board of education.
(B) The superintendent of
each state institution required to
provide services under division (A) of this section, and each
county MR/DD board,
providing special education for handicapped
preschool children with disabilities under this chapter
may apply
to the
state department of education for unit funding,
which shall
be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
The superintendent of each state institution required to
provide services under division (A) of this section may apply to
the department of education for special education and related
services weighted funding for handicapped children with
disabilities other than handicapped preschool children with
disabilities, calculated in accordance with section 3317.201 of
the Revised Code.
Each county MR/DD board providing special education for
handicapped children with disabilities other than handicapped
preschool children with disabilities may apply to the department
of education for base cost and special education and related
services weighted funding calculated in accordance with section
3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state
funding described in division (B) of this section, each state
institution required to provide services under division (A) of
this section is entitled to tuition payments calculated in the
manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child with a disability under
twenty-two
years of
age who has received special education. The
statement
shall
contain the child's data verification code
assigned pursuant to division (D)(2) of section 3301.0714 of the
Revised Code and the name of the child's school
district of
residence. Within sixty days after receipt of such
statement, the
department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
with a
disability described in division (C)(2) of this section, pay to
the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child with a disability not
included in a
unit approved under division (B) of section 3317.05
of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount
equal to the tuition calculated under division (B) of
section
3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (C)(2)(a) of this section.
Sec. 3323.11. Each school district shall employ, as
necessary, the personnel to meet the needs of the children with
disabilities enrolled in its schools. Personnel shall possess
appropriate qualifications and certificates or licenses as
prescribed in rules of the state board of education. Teachers
shall be "highly qualified," as that term is defined in section
602(10) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C.1401(10).
Sec. 3323.12. The board of education of a school district
shall provide home
instruction for handicapped children three to
twenty-one with disabilities who are at least three years of age
and less than twenty-two years of age and who are
unable to attend
school, even with the help of special transportation. The
board
may arrange for the provision of home instruction for a child by a
cooperative agreement or contract with a county MR/DD board of
mental retardation
and developmental disabilities or other
educational agency. For the purposes
of determining formula ADM
under section 3317.03 of the Revised
Code, five hours of home
instruction shall be equivalent to attendance for
five school
days.
Sec. 3323.13. (A) If a child who is a school resident of one
school district receives special education from another district,
the board of education of the district providing the education,
subject to division (C) of this section,
may require the payment
by the board of education of the district
of residence of a sum
not to exceed one of the following, as
applicable:
(1) For any child except a handicapped preschool child
with a
disability described in division (A)(2) of this section, the
tuition of the
district providing the education for a child of
normal needs of
the same school grade. The determination of the
amount of such
tuition shall be in the manner provided for by
division (A) of section 3317.08 of the Revised Code.
(2) For any handicapped preschool child with a disability not
included in a
unit approved under division (B) of section 3317.05
of the
Revised Code, the tuition of the district providing the
education
for the child as calculated under division (B) of
section 3317.08
of the Revised Code.
(B) The board of the district of residence may contract with
the board of another district for the transportation of such
child
into any school in such other district, on terms agreed
upon by
such boards. Upon direction of the state board of
education, the
board of the district of residence shall pay for
the child's
transportation and the tuition.
(C) The board of education of a district providing the
education for a child shall be entitled to require payment from
the district of residence under this section or section 3323.14 of
the Revised Code only if the district providing the education has
done at least one of the following:
(1) Invited the district of residence to send representatives
to attend the meetings of the team developing the child's
individualized education program;
(2) Received from the district of residence a copy of the
individualized education program or a multi-factored multifactored
evaluation developed for the child by the district of residence;
(3) Informed the district of residence in writing that the
district is providing the education for the child.
As used in division (C)(2) of this section, "multi-factored
multifactored evaluation" means an evaluation, conducted by a
multi-disciplinary multidisciplinary team, of more than one area
of the child's functioning so that no single procedure shall be
the sole criterion for determining an appropriate educational
program placement for the child.
Sec. 3323.14. This section does not apply to any
handicapped
preschool child with a disability except if included in a unit
approved
under division (B) of section 3317.05 of the Revised
Code.
(A) Where a child who is a school resident of one school
district receives special education from another district and the
per capita cost to the educating district for that
child exceeds
the sum of the amount received by the
educating district for that
child under
division (A) of
section 3317.08 of the Revised Code
and the amount
received by the district from the state board of
education for that
child, then the board of
education of the
district of residence shall pay to the
board of the school
district that is providing the special
education such excess cost
as is determined by using a
formula approved by the department of
education and agreed upon in
contracts entered into by the boards
of the district districts concerned at
the time the district
providing such special education accepts
the child for enrollment.
The department of education shall
certify the amount of the
payments under Chapter 3317. of the
Revised Code for such
handicapped pupils with disabilities for each school year
ending
on the thirtieth day of July.
(B) In the case of a child described in division (A) of this
section who has been placed in a home, as defined in section
3313.64 of the Revised Code, pursuant to the order of a court and
who is not subject to section 3323.141 of the Revised Code, the
district providing the child with special education and related
services may charge to the child's district of residence the
excess cost determined by formula approved by the department,
regardless of whether the district of residence has entered into a
contract with the district providing the services. If the district
providing the services chooses to charge excess costs, the
district may report the amount calculated under this division to
the department.
(C) If a district providing special education for a child
reports an amount for the excess cost of those services, as
authorized and calculated under division (A) or (B) of this
section, the department shall pay that amount of excess cost to
the district providing the services and shall deduct that amount
from the child's district of residence in accordance with division
(N) of section 3317.023 of the Revised Code.
Sec. 3323.141. (A) When a child who is not in the legal
or
permanent custody of an Ohio resident or a government agency
in
this state and whose natural or adoptive parents are not known to
have been
residents of this state subsequent to the child's birth
is a
resident of a home as defined in section 3313.64 of the
Revised
Code and receives special education and related services
from a
school district or county MR/DD board of mental retardation
and
developmental disabilities, the home shall pay tuition to the
board providing the special education.
(B) In the case of a child described in division (A) of
this
section who receives special education and related services
from a
school district, tuition shall be the amount determined
under
division (B)(1) or (2) of this section.
(1) For a child other than a child described in division
(B)(2) of this section the tuition shall be an amount equal to the
sum of
the following:
(a) Tuition as determined in the manner provided for by
division (B) of section 3317.081 of
the Revised Code for the
district that provides the special education;
(b) Such excess cost as is determined by using a formula
established by rule of the department of education. The excess
cost computed in this section shall not be used as excess cost
computed under section 3323.14 of the Revised Code.
(2) For a child who is a handicapped preschool child with a
disability not
included in a unit approved under division (B) of
section
3317.05
of the Revised Code, the tuition shall be computed
as follows:
(a) Determine the amount of the tuition of the district
providing the education for the child as calculated under
division
(B) of section 3317.08 of the Revised Code;
(b) For each type of special education service included in
the computation of the amount of tuition under division (B)(2)(a)
of this section, divide the amount determined for that
computation
under division (B)(2) of section 3317.08 of the
Revised Code by
the total number of handicapped preschool
children with
disabilities used for that computation under division (B)(3) of
section 3317.08 of the Revised Code;
(c) Determine the sum of the quotients obtained under
division (B)(2)(b) of this section;
(d) Determine the sum of the amounts determined under
divisions (B)(2)(a) and (c) of this section.
(C) In the case of a child described in division (A) of
this
section who receives special education and related services
from a
county MR/DD board of mental retardation and developmental
disabilities, tuition shall be the amount determined under
division (C)(1) or (2) of this section.
(1) For a child other than a child described in division
(C)(2) of this section, the tuition shall be an amount equal to
such board's per capita cost of providing special education and
related services for children at least three but
less than
twenty-two years of age as determined by using a formula
established by rule of the department of mental retardation and
developmental disabilities.
(2) For a child who is a handicapped preschool child with a
disability not
included in a unit approved under division (B) of
section
3317.05
of the Revised Code, the tuition shall equal the
sum of the
amounts of each such board's per capita cost of
providing each of
the special education or related service that
the child receives.
The calculation of tuition shall be made by
using a formula
established by rule of the department of mental
retardation and
developmental disabilities. The formula for the
calculation of
per capita costs under division (C)(2) of this
section shall be
based only on each such MR/DD board's cost of
providing each
type of special education or related service to
handicapped preschool
children with disabilities not included in a
unit approved under division (B)
of
section 3317.05 of the Revised
Code.
(D) If a home fails to pay the tuition required under this
section, the board of education or county MR/DD board of mental
retardation
and developmental disabilities providing the education
may
recover in a civil action the tuition and the expenses
incurred
in prosecuting the action, including court costs and
reasonable
attorney's fees. If the prosecuting attorney or city
director of
law represents the board in such action, costs and
reasonable
attorney's fees awarded by the court, based upon the
time spent preparing
and presenting the case by the prosecuting
attorney, director, or a
designee of either, shall be deposited in
the county or city general fund.
Sec. 3323.142. This section does not apply to any
handicapped preschool child with a disability except if included
in a unit approved
under division (B) of section 3317.05 of the
Revised Code.
As used in this section, "per pupil amount" for a handicapped
preschool
child with a disability included in such an approved
unit means the
amount determined by dividing the amount received
for the
classroom unit in which the child has been placed by the
number of
children in the unit. For any other child, "per pupil
amount" means the
amount paid for the child under section 3317.20
of the Revised
Code.
When a school district places or has placed a child with a
county MR/DD board for special education, but another district is
responsible for tuition under section 3313.64 or 3313.65 of the
Revised Code and the child is not a resident of the territory
served by the county MR/DD board, the board may charge the
district responsible for tuition with the educational costs in
excess of the per pupil amount received by the board under
Chapter
3317. of the Revised Code. The amount of the excess cost
shall be
determined by the formula established by rule of the
department of
education under section 3323.14 of the Revised
Code, and the
payment for such excess cost shall be made by the
school district
directly to the county MR/DD board.
A school district board of education and the county MR/DD
board that serves the school district may negotiate and contract,
at or after the time of placement, for payments by the board of
education to the county MR/DD board for additional services
provided to a child placed with the county MR/DD board and whose
individualized education program established pursuant to section
3323.08 of the Revised Code requires additional services that are
not routinely provided children in the county MR/DD board's
program but are necessary to maintain the child's enrollment and
participation in the program. Additional services may include,
but
are not limited to, specialized supplies and equipment for
the
benefit of the child and instruction, training, or assistance
provided by staff members other than staff members for which
funding is received under
Chapter 3317. of the Revised Code.
Sec. 3323.143. If a handicapped child's child with a
disability's custodial parent has made a unilateral placement of
the child, the parent shall be responsible for payment of tuition
to the program or facility the child is attending as a result of
that placement as long as the district of residence has offered a
free appropriate public education to that child. As used in this
section, "unilateral placement" means withdrawing a handicapped
child with a disability from a program or facility operated by the
district of residence or from a program or facility with which the
district of residence has arranged for education of the child and
instead enrolling that child in another program or facility that
is not a home, as defined in section 3313.64 of the Revised Code,
or that is not a facility or program available to the child
pursuant to an open enrollment policy under section 3313.98 or
3313.983 of the Revised Code.
Sec. 3323.15. The state board of education may arrange to
pay to any board of
education, the board for any handicapped
children with disabilities who are not residents of the
district
but for whom the district is providing special education. Payments
shall be made in accordance with rules and standards of the state
board of
education.
Sec. 3323.17. The department of education shall:
(A) Provide supervision and technical assistance to school
districts in all accepted methods of educating handicapped
children with disabilities who are deaf or hard of hearing have
hearing impairments, including the oral,
manual, and total
communication methods, with no demonstrable
bias toward any one
method over another;
(B) Consult with employees of school districts and
chartered
nonpublic schools who confer with the parents of deaf
or hard of
hearing handicapped impaired children about such their children's
education;
(C) Consult with chartered nonpublic schools and consult
with
and provide technical assistance to school districts that
are or
may be interested in integrating sign language into their
curricula and that offer or may be interested in offering
American
sign language as a foreign language;
(D) Consult with school districts and chartered nonpublic
schools that use interpreters in classrooms and with any other
interested school districts or chartered nonpublic schools about
how to obtain the best interpreters and how interpreters can
improve their skills.
Sec. 3323.18. If any special education program provided
pursuant to this
chapter or Chapter 3325. of the Revised Code
serves a student with a visual
disability impairment for whom
instruction in braille reading and writing is specified as
appropriate pursuant to division (A)(2) of section 3323.011 of the
Revised
Code, the entity providing the program shall integrate the
use of braille
reading and writing into the student's entire
curriculum and other classroom
activities in such a manner that
braille reading and writing becomes an
effective learning tool for
the student.
Sec. 3323.20. On July 1, 2006, and on each first day of July
thereafter, the department of education shall electronically
report to the general assembly the number of handicapped preschool
children with disabilities who received services for which the
department made a payment to any provider during the previous
fiscal year, disaggregated according to each area of developmental
deficiency identified by the department for the evaluation of such
children.
Sec. 3323.30. The Ohio center for autism and low incidence
is hereby established within the department of education's office
for exceptional children, or any successor of that office. The
center shall administer programs and coordinate services for
infants, preschool and school-age children, and adults with autism
and low incidence disabilities. The center's principal focus shall
be programs and services for persons with autism. The center shall
be under the direction of an executive director, appointed by the
superintendent of public instruction in consultation with the
advisory board established under section 3323.31 of the Revised
Code. The department shall use state and federal funds
appropriated to the department for operation of the center.
As used in this section and in sections 3323.31 to 3323.33 of
the Revised Code, "autism and low incidence disabilities" includes
any of the following:
(B) Deafness or hearing handicap Hearing impairment;
(C) Multihandicap Multiple disabilities;
(D) Orthopedic handicap disability;
(E) Other health handicap impairment;
(F) Traumatic brain injury;
(G) Visual disability impairment.
Sec. 3325.011. Subject to the regulations adopted by the
state board of
education, the state school for the deaf shall be
open to receive persons who
are deaf, partially deaf, and both
blind and deaf residents of this state,
who, in the judgment of
the superintendent of public instruction and the
superintendent of
the school for the deaf, due to such handicap disability, cannot
be
educated in the public school system and are suitable persons
to receive
instructions according to the methods employed in such
school. The
superintendent of the school for the deaf may pay the
expenses necessary for
the instruction of children who are both
blind and deaf, who are resident of
this state, in any suitable
institution.
Sec. 3325.02. Subject to the regulations adopted by the
state board of
education, the state school for the blind shall be
open to receive such blind
and partially blind persons, residents
of this state, who, in the judgment of
the superintendent of
public instruction and the superintendent of the school
for the
blind, due to such handicap disability, cannot be educated in the
public school
system and are suitable persons to receive
instructions according to the
methods employed in such school.
Sec. 3326.01. As used in this chapter, "STEM" is an
abbreviation of "science, technology, engineering, and
mathematics."
Sec. 3326.02. There is hereby established a STEM subcommittee
of the partnership for continued learning consisting of the
following members:
(A) The superintendent of public instruction;
(B) The chancellor of the Ohio board of regents;
(C) The director of development;
(D) Four members of the public, two of whom shall be
appointed by the governor, one of whom shall be appointed by the
speaker of the house of representatives, and one of whom shall be
appointed by the
president of the senate. Members of the public
shall be appointed
based on their expertise in business or in
STEM fields and shall
not be at-large members of the partnership
for continued learning.
The initial members of the subcommittee
shall be appointed
under
division (D) of this section not later
than forty-five days
after
the effective date of this section.
All members of the subcommittee appointed under division (D)
of
this section shall serve at the pleasure of their appointing
authority.
Members of the subcommittee shall receive no compensation for
their services.
Sec. 3326.03. (A) The STEM subcommittee shall authorize the
establishment of and award grants to science, technology,
engineering, and mathematics schools through a request for
proposals.
The STEM subcommittee may approve up to five STEM schools to
operate under this chapter in the school year that begins July 1,
2008. The limit prescribed in this paragraph does not affect the
number of schools that may be approved for operation in subsequent
school years.
No STEM school established under this chapter may open for
instruction
earlier than July 1, 2008.
The subcommittee shall determine the criteria for the
proposals, accept and evaluate the proposals, and choose which
proposals to approve to become a STEM school and to receive
grants. In approving proposals for STEM schools, the subcommittee
shall consider locating the schools in diverse geographic regions
of the state so that all students have access to a STEM school.
(B) Proposals may be submitted only by a partnership of
public and private entities consisting
of at least all of the
following:
(1) A city, exempted village, local, or joint vocational
school
district;
(2) Higher education entities;
(3) Business organizations.
(C) Each proposal shall include at least the following:
(1) Assurances that the STEM school will be under the
oversight of a governing body and a description of the members of
that governing body and how they will be selected;
(2) Assurances that the STEM school will operate in
compliance with this chapter and the provisions of the proposal as
accepted by the subcommittee;
(3) Evidence that the school will offer a rigorous, diverse,
integrated, and project-based curriculum to students in any of
grades six through twelve, with the goal to prepare those
students for college, the workforce, and citizenship, and that
does all of the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that the school will attract school leaders who
support the curriculum principles of division (C)(3) of this
section;
(5) A description of how the school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that the school will utilize an established
capacity to capture and share knowledge for best practices and
innovative
professional development;
(7) Evidence that the school will operate in collaboration
with a partnership that includes institutions of higher education
and
businesses;
(8) Assurances that the school has received commitments of
sustained and verifiable fiscal and in-kind support from regional
education and business entities;
(9) A description of how the school's assets will be
distributed if the school closes for any reason.
Sec. 3326.04. (A) The STEM subcommittee shall award grants to
support the operation of STEM programs of excellence to serve
students in any of grades kindergarten through eight through a
request for proposals.
(B) Proposals may be submitted by any of the following:
(1) The board of education of a city, exempted village, or
local school district;
(2) The governing authority of a community school established
under Chapter 3314. of the Revised Code.
(C) Each proposal shall demonstrate to the satisfaction of
the
STEM subcommittee that the program meets at least the
following
standards:
(1) The program will serve all students enrolled in the
district or school in the grades for which the program is
designed.
(2) The program will offer a rigorous and diverse curriculum
that is based on scientific inquiry and technological design, that
emphasizes personalized learning and teamwork skills, and that
will expose students to advanced scientific concepts within and
outside the classroom.
(3) The program will not limit participation of students on
the
basis of intellectual ability, measures of achievement, or
aptitude.
(4) The program will utilize an established capacity to
capture and share knowledge
for best practices and innovative
professional development.
(5) The program will operate in collaboration with a
partnership that includes institutions of higher education and
businesses.
(6) The program will include teacher professional development
strategies that are augmented by community and business partners.
(D) The STEM subcommittee shall give priority to proposals
for new or expanding innovative programs.
Sec. 3326.05. The partnership for continued learning, through
the STEM subcommittee, may make recommendations to the general
assembly and the governor for the training of STEM educators.
Sec. 3326.06. The partnership for continued learning, through
the STEM subcommittee, shall work with an Ohio-based nonprofit
enterprise selected by the subcommittee to support the strategic
and operational coordination of public and private STEM education
initiatives and resources focused on curriculum development,
instruction, assessment, teacher quality enhancement, leadership
recruitment and training, and community engagement. The nonprofit
enterprise selected by the STEM subcommittee shall have the proven
ability to accumulate resources to enhance education quality
across the educational continuum, from preschool to college, shall
have experience in large-scale management of science and
technology resources, and shall have a documented institutional
mission to advance STEM education.
Sec. 3326.07. Each science, technology, engineering, and
mathematics school established under this chapter is a public
school, is part of the state's program of education, and may
continue in operation for as long as the school is in compliance
with the provisions of this chapter and with the proposal for its
establishment as approved by the STEM subcommittee. If the school
closes for any reason, its assets shall be distributed in the
manner provided in the proposal for its establishment as required
by division (C)(9) of section 3326.03 of the Revised Code.
Sec. 3326.08. (A) The governing body of each science,
technology,
engineering, and mathematics school shall employ and
fix the
compensation for
the administrative officers, teachers,
and
nonteaching employees
of the STEM school necessary for the
school
to carry out its
mission and shall oversee the operations
of the
school. The governing body of each STEM school shall
employ a
chief administrative officer to serve as the school's
instructional and administrative leader. The chief administrative
officer shall be granted the authority to oversee the recruitment,
retention, and employment of teachers and nonteaching employees.
(B) The department of education shall monitor the oversight
of
each STEM school exercised by the school's governing body and
shall monitor the school's
compliance with this chapter and with
the proposal for the
establishment of the school as it was
approved by the STEM
subcommittee of the partnership for
continued learning under
section 3326.04 of the Revised Code. If
the department finds that
the school is not in compliance with
this chapter or with the
proposal, the department shall consult
with the STEM subcommittee,
and the subcommittee may order the
school to close on the last day
of the school year in which the
subcommittee issues its order.
(C) The governing body of each STEM school shall comply with
sections 121.22 and 149.43 of the Revised Code.
Sec. 3326.09. Subject to approval by its governing body, the
curriculum of each science, technology, engineering, and
mathematics school shall be developed by a team that consists of
at least the school's chief
administrative officer, a teacher, a
representative of the higher education
institution that is a
collaborating partner in the school, described in the proposal for
establishment of the school as required by division (C)(7) of
section 3326.03 of the Revised Code, and a member of the public
with expertise in the application of science, technology,
engineering, or mathematics.
Sec. 3326.10. Each science, technology, engineering, and
mathematics school shall adopt admission procedures that specify
the following:
(A)(1) Admission shall be open to individuals entitled and
eligible to attend school pursuant to section 3313.64 or 3313.65
of the Revised Code in a school district in the state.
(2) Students who are not residents of Ohio shall not be
permitted to enroll in a science, technology, engineering, and
mathematics school.
(B) There will be no discrimination in the admission of
students to the school on the basis of race, creed, color,
disability, or sex.
(C) The school will comply with all federal and state laws
regarding the education of students with disabilities.
(D) The school will not limit admission to students on the
basis of intellectual ability, measures of achievement or
aptitude, or athletic or artistic ability; the school will assert
its best effort to attract a diverse student body that reflects
the community; and the school will recruit students from
disadvantaged and underrepresented groups.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013, 3313.6014,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.313,
3319.314,
3319.315, 3319.32, 3319.321, 3319.35, 3319.39, 3319.45,
3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
2744., 3307., 3309.,
3365.,
3742., 4112., 4123.,
4141.,
and
4167. of the Revised Code
as if it were a school district.
Sec. 3326.12. Each science, technology, engineering, and
mathematics school and its governing body shall comply with
Chapter 3323. of the
Revised Code as if it were a school
district. The school district
in which a STEM school student is
entitled to attend school and
the student's school district of
residence, if different, are not
obligated to provide the student
with a free appropriate public
education under Chapter 3323. of
the Revised Code for as long as
the student attends a STEM
school.
Sec. 3326.13. Teachers employed by a science, technology,
engineering, and mathematics school shall be highly
qualified
teachers, as defined in section 3319.074 of the Revised
Code, and
shall be licensed
under sections 3319.22 to 3319.31 of
the
Revised Code and rules of
the state board of education
implementing those sections.
Sec. 3326.14. Each science, technology, engineering, and
mathematics school and its governing body shall administer the
tests required by
sections 3301.0710 and 3301.0711 of the Revised
Code, as if it
were a school district, except that,
notwithstanding any provision
of those sections to the contrary,
any student enrolled in a grade
lower than the tenth grade in a
STEM school may take one or more
of the Ohio graduation tests
prescribed under division (B) of
section 3301.0710 of the Revised
Code on any of the dates
prescribed in division (C)(3) of that
section.
Sec. 3326.15. Each science, technology, engineering, and
mathematics school and its governing body shall comply with
section 3313.603 of
the Revised Code as if it were
a school
district. However, a STEM
school may permit a student to earn
units of high school credit
based on a demonstration of subject
area competency instead of or
in combination with completing
hours
of classroom instruction
prior to the adoption by the
state
board of education of the plan
for granting high school
credit
based on competency, as required
by division (J) of that
section. Upon adoption of the plan, each
STEM school shall comply
with
that plan and award units of high
school credit in
accordance with
the plan.
Sec. 3326.16. Each science, technology, engineering, and
mathematics school and it governing body shall comply with all
health and safety
provisions of law applicable to school
buildings.
Sec. 3326.17. (A) The department of education shall issue an
annual report card for each science, technology, engineering, and
mathematics school that includes all information applicable to
school buildings under section 3302.03 of the Revised Code.
(B) For each student enrolled in a STEM school, the
department shall combine data regarding the academic performance
of that student with comparable data from the school district in
which the student is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code for the purpose of
calculating the performance of the district as a whole on the
report card issued for the district under section 3302.03 of the
Revised Code.
(C) Each STEM school and its governing body shall comply with
section 3302.04 of the
Revised Code, including division (E) of
that section to the extent
possible, except that any action
required to be taken by a school
district pursuant to that
section shall be taken by the school.
However, the school shall
not be required to take any action
described in division (F) of
that section.
Sec. 3326.18. (A) Except as provided under division (B) of
this section, employees of a science, technology, engineering, and
mathematics school may organize and collectively bargain pursuant
to Chapter 4117. of the Revised Code. Notwithstanding division
(D)(1) of section 4117.06 of the Revised Code, a unit containing
teaching and nonteaching employees employed under this section
shall be considered an appropriate unit.
(B) If a science, technology, engineering, and mathematics
school is created by converting all or part of an existing school
operated by a school district or an existing conversion community
school established under Chapter 3314. of the Revised Code, at the
time of conversion, the employees assigned to the STEM school
shall remain part of any collective bargaining unit in which they
were included immediately prior to the conversion and shall remain
subject to any collective bargaining agreement for that unit in
effect on the first day of July of the year in which the STEM
school initially begins operation and shall be subject to any
subsequent collective bargaining agreement for that unit, unless a
petition is certified as sufficient under division (E) of this
section with regard to those employees. Any new employees assigned
to the STEM school also shall be included in the unit to which
they would have been assigned had the conversion not taken place
and shall be subject to the collective bargaining agreement for
that unit unless a petition is certified as sufficient under
division (E) of this section with regard to those employees.
Notwithstanding division (B) of section 4117.01 of the
Revised Code, the board of education of the school district that
operated or sponsored the STEM school prior to conversion and not
the STEM school shall be regarded, for purposes of Chapter 4117.
of the Revised Code, as the "public employer" of the employees
assigned to a conversion STEM school subject to a collective
bargaining agreement pursuant to this division unless a petition
is certified under division (E) of this section with regard to
those employees. Only on and after the effective date of a
petition certified as sufficient under division (E) of this
section shall division (A) of this section apply to those
employees and only on and after the effective date of that
petition shall Chapter 4117. of the Revised Code apply to the
school with regard to those employees.
(C) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees assigned to a
conversion STEM school who are subject to a collective bargaining
agreement pursuant to division (B) of this section shall cease to
be subject to that agreement and all subsequent agreements
pursuant to that division and shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, if a majority of the employees assigned to
the STEM school who are subject to that collective bargaining
agreement sign and submit to the state employment relations board
a petition requesting all of the following:
(1) That all the employees assigned to the STEM school who
are subject to that agreement be removed from the bargaining unit
that is subject to that agreement and be designated by the state
employment relations board as a new and separate bargaining unit
for purposes of Chapter 4117. of the Revised Code;
(2) That the employee organization certified as the exclusive
representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive
representative of the new and separate bargaining unit for
purposes of Chapter 4117. of the Revised Code;
(3) That the STEM school be regarded as the "public employer"
of those employees for purposes of Chapter 4117. of the Revised
Code.
(D) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees assigned to a
conversion STEM school who are subject to a collective bargaining
agreement pursuant to division (B) of this section shall cease to
be subject to that agreement and all subsequent agreements
pursuant to that division, shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, and shall cease to be represented by any
exclusive representative of that collective bargaining unit, if a
majority of the employees assigned to the STEM school who are
subject to that collective bargaining agreement sign and submit to
the state employment relations board a petition requesting all of
the following:
(1) That all the employees assigned to the STEM school who
are subject to that agreement be removed from the bargaining unit
that is subject to that agreement;
(2) That any employee organization certified as the exclusive
representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees
assigned to the STEM school who are subject to that agreement;
(3) That the STEM school be regarded as the "public employer"
of those employees for purposes of Chapter 4117. of the Revised
Code.
(E) Upon receipt of a petition under division (C) or (D) of
this section, the state employment relations board shall check the
sufficiency of the signatures on the petition. If the signatures
are found sufficient, the board shall certify the sufficiency of
the petition and so notify the parties involved, including the
board of education of the school district that operated or
sponsored the STEM school prior to conversion, the STEM school,
and any exclusive representative of the bargaining unit. The
changes requested in a certified petition shall take effect on the
first day of the month immediately following the date on which the
sufficiency of the petition is certified under this division.
Sec. 3326.19. The provisions of Chapter 124. of the Revised
Code shall not apply to the employment of nonteaching employees by
a science, technology, engineering, and mathematics school.
Sec. 3326.20. (A) As used in this section, "native student"
means a student entitled to attend school in the school district
under section 3313.64 or 3313.65 of the Revised Code.
(B) Unless the proposal for the establishment of a science,
technology, engineering, and mathematics
school, as it was
approved by the STEM subcommittee of the
partnership for
continued learning under section 3326.03 of the
Revised Code,
otherwise provides for the transportation of
students to and from
the STEM school, the board of education of
each city, local, and
exempted village school district shall
provide transportation to
and from school for its district's
native students enrolled in
the STEM school in the same manner
that section 3327.01 of the
Revised Code requires for its native
students enrolled in
nonpublic schools.
Sec. 3326.21. (A) Each science, technology, engineering, and
mathematics school shall have a treasurer who is licensed under
section 3301.074 of the Revised Code. The governing body of the
school and the treasurer shall comply with sections 3301.072,
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in
the same manner as a school district board of education and a
district treasurer.
(B) Financial records of each STEM school shall be maintained
in the same manner as are financial records of school districts,
pursuant to rules of the auditor of state.
Sec. 3326.22. Each science, technology, engineering, and
mathematics school and its governing body shall enforce sections
3321.13, 3321.19, and 3321.191 of the Revised Code as if it were a
school district with regard to students who are truant or
otherwise absent from the school without legitimate excuse.
Sec. 3326.23. The governing body of each science,
technology, engineering, and mathematics school annually
shall
provide the following assurances in writing to the
department of
education not later than ten business days prior to
the opening
of the school:
(A) That the school has a plan for
providing special
education and related services to students with
disabilities and
has demonstrated the capacity to provide those
services in
accordance with Chapter 3323. of the Revised Code and
federal
law;
(B) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710 and 3301.0715 of the Revised
Code;
(C) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code;
(D) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(E) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code or are
engaged to teach pursuant to section 3319.301 of the Revised Code;
(F) That the school's treasurer is in compliance with
section 3326.21 of the Revised Code;
(G) That the school has complied with section 3319.39 of the
Revised Code with respect to all employees who are responsible for
the care, custody, or control of a child and that the school has
conducted a criminal records check of each of its governing
body
members;
(H) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
section 3326.11 of the Revised Code;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(I) That the governing body has conducted a pre-opening site
visit
to the school for the school year for which the assurances
are
provided;
(J) That the school has designated a date it will open for
the school year for which the assurances are provided;
(K) That the school has met all of the governing body's
requirements
for opening and any other requirements of the
governing body.
Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the
Revised Code:
(A) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(B) "Applicable vocational education weight" means the
multiple specified in section 3317.014 of the Revised Code for
vocational education programs or classes described in that
section.
(C) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(D) "IEP" means an individualized education program as
defined in section 3323.01 of the Revised Code.
(E) A student is "included in the poverty student count of
the student's resident district" if the student's family receives
assistance under the Ohio works first program.
(F) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(G) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
Sec. 3326.32. Each science, technology, engineering, and
mathematics school shall report to the department of education, in
the form and manner required by the department, all of the
following information:
(A) The total number of students enrolled in the school;
(B) The number of students who are receiving special
education and related services pursuant to an IEP;
(C) For each student reported under division (B) of this
section, which category specified in divisions (A) to (F) of
section 3317.013 of the Revised Code applies to the student;
(D) The full-time equivalent number of students who are
enrolled in vocational education programs or classes described in
each of divisions (A) and (B) of section 3317.014 of the Revised
Code that are provided by the STEM school;
(E) The resident district of each student;
(F) Any additional information the department determines
necessary to make payments under this chapter.
Sec. 3326.33. For each student enrolled in a science,
technology, engineering, and mathematics school established under
this chapter, the department of education annually shall deduct
from the state education aid of a student's resident school
district and, if necessary, from the payment made to the district
under sections 321.24 and 323.156 of the Revised Code and pay to
the school the sum of the following:
(A) The sum of the formula amount plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(B) If the student is receiving special education and related
services pursuant to an IEP, the product of the applicable special
education weight times the formula amount;
(C) If the student is enrolled in vocational education
programs or classes that are described in section 3317.014 of the
Revised Code, are provided by the school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
the product of the applicable vocational education weight times
the formula amount times the percentage of time the student spends
in the vocational education programs or classes;
(D) If the student is included in the poverty student count
of the student's resident district, the per pupil amount of the
district's payment under division (C) of section 3317.029 of the
Revised Code;
(E) If the student is identified as limited English
proficient and the student's resident district receives a payment
for services to limited English proficient students under division
(F) of section 3317.029 of the Revised Code, the per pupil amount
of the district's payment under that division, calculated in the
same manner as per pupil payments are calculated under division
(C)(6) of section 3314.08 of the Revised Code;
(F) If the student's resident district receives a payment
under division (G), (H), or (I) of section 3317.029 of the Revised
Code, the per pupil amount of the district's payments under each
division, calculated in the same manner as per pupil payments are
calculated under divisions (C)(7) and (8) of section 3314.08 of
the Revised Code;
(G) If the student's resident district receives a parity aid
payment under section 3317.0217 of the Revised Code, the per pupil
amount calculated for the district under division (C) or (D) of
that section.
Sec. 3326.34. If a science, technology, engineering, and
mathematics school established under this chapter incurs costs for
a fiscal year for a student receiving special education and
related services pursuant to an IEP for a disability described in
divisions (B) to (F) of section 3317.013 of the Revised Code that
exceed the threshold catastrophic cost for serving the student as
specified in division (C)(3)(b) of section 3317.022 of the Revised
Code, the STEM school may submit to the superintendent of public
instruction documentation, as prescribed by the superintendent, of
all its costs for that student. Upon submission of documentation
for a student of the type and in the manner prescribed, the
department of education shall pay to the school an amount equal to
the school's costs for the student in excess of the threshold
catastrophic costs.
The school shall only report under this section, and the
department shall only pay for, the costs of educational expenses
and the related services provided to the student in accordance
with the student's IEP. Any legal fees, court costs, or other
costs associated with any cause of action relating to the student
may not be included in the amount.
Sec. 3326.35. The department of education shall adjust the
amounts paid under section 3326.33 of the Revised Code to reflect
any enrollment of students in science, technology, engineering,
and mathematics schools for less than the equivalent of a full
school year.
Sec. 3326.36. The department of education shall reduce the
amounts paid to a science, technology, engineering, and
mathematics school under section 3326.33 of the Revised Code to
reflect payments made to colleges under division (B) of section
3365.07 of the Revised Code. A student shall be considered
enrolled in the school for any portion of the school year the
student is attending a college under Chapter 3365. of the Revised
Code.
Sec. 3326.37. The department of education shall not pay to a
science, technology, engineering, and mathematics school any
amount for any of the following:
(A) Any student who has graduated from the twelfth grade of a
public or nonpublic school;
(B) Any student who is not a resident of the state;
(C) Any student who was enrolled in a STEM school during the
previous school year when tests were administered under section
3301.0711 of the Revised Code but did not take one or more of the
tests required by that section and was not excused pursuant to
division (C)(1) or (3) of that section, unless the superintendent
of public instruction grants the student a waiver from the
requirement to take the test. The superintendent may grant a
waiver only for good cause in accordance with rules adopted by the
state board of education.
(D) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a STEM school not
later than four years after termination of war or their honorable
discharge. If, however, any such veteran elects to enroll in
special courses organized for veterans for whom tuition is paid
under federal law, or otherwise, the department shall not pay to
the school any amount for that veteran.
Sec. 3326.38. A science, technology, engineering, and
mathematics school may do all of the following:
(A) Apply to the department of education for gifted unit
funding;
(B) Apply to any state or federal agency for grants that a
school district or public school may receive under federal or
state law or any appropriations act of the general assembly;
(C) Apply to any private entity or foundation for additional
funds.
Sec. 3326.49. A science, technology, engineering, and
mathematics school may not levy taxes or issue bonds secured by
tax revenues.
Sec. 3326.50. A science, technology, engineering, and
mathematics school shall not charge tuition for any student
enrolled in the school.
Sec. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of
the
Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
as provided in
section
3327.02 of the Revised Code.
In all city, local, and exempted village school districts
where pupil transportation is required under a career-technical
plan approved by the state board of education under section
3313.90 of the Revised Code, for any student attending a
career-technical program operated by another school district,
including a joint vocational school district, as prescribed under
that section, the board of education of the student's district of
residence shall provide transportation from the public high school
operated by that district to which the student is assigned to the
career-technical program.
In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
nonpublic or community
high school
which they
attend for which the state board of
education
prescribes minimum
standards pursuant to division (D) of
section
3301.07 of the
Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or
community school
where such transportation would
require more than
thirty minutes
of direct travel time as measured
by school bus
from the
public school building to which the pupils would be
assigned if attending the public school designated by the
district
of residence.
Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation
in accordance with section 3327.02
of the Revised Code.
In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled disabled that they are unable to walk to and from the
school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the
child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with
standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3327.05. (A) Except as provided in division (B) of
this
section, no board of education of any school district shall
provide transportation for any pupil who is a school resident of
another school district unless the pupil is enrolled pursuant to
section 3313.98 of the Revised Code or the board of the other
district has given its written consent thereto. If the board of
any school district files with the state board of education a
written complaint that transportation for resident pupils is
being
provided by the board of another school district contrary
to this
division, the state board of education shall make an
investigation
of such complaint. If the state board of education
finds that
transportation is being provided contrary to this
section, it may
withdraw from state funds due the offending
district any part of
the amount that has been approved for
transportation pursuant to
division (D) of section
3317.022 of
the Revised Code.
(B) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this
division
does not apply to any joint vocational or cooperative
education
school district.
A board of education may provide transportation to and from
the nonpublic high school of attendance if both of the following
apply:
(1) The parent, guardian, or other person in charge of the
pupil agrees to pay the board for all costs incurred in providing
the transportation that are not reimbursed pursuant to Chapter
3317. of the Revised Code;
(2) The pupil's school district of residence does not
provide
transportation for public school pupils of the same grade
as the
pupil being transported under this division, or that district is
not required under section 3327.01 of the Revised Code to
transport the pupil to and from the nonpublic school because the
direct travel time to the nonpublic school is more than thirty
minutes.
Upon receipt of the request to provide transportation, the
board shall review the request and determine whether the board
will accommodate the request. If the board agrees to transport the
pupil, the board may transport the pupil to and from the nonpublic
school and a collection point in the district, as determined by
the board. If the board transports the pupil, the board may
include the pupil in the district's transportation ADM reported to
the department of education under section 3317.03 of the Revised
Code and, accordingly, may receive a state payment under division
(D) of section 3317.022 of the Revised Code for transporting the
pupil.
If the board declines to transport the pupil, the board, in a
written communication to the parent, guardian, or other person in
charge of the pupil, shall state the reasons for declining the
request.
Sec. 3327.16. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative
education school district or its superintendent.
(A) The superintendent of each school district may
establish
a volunteer bus rider assistance program, under which
qualified
adults or responsible older pupils, as determined by
the
superintendent, may be authorized to ride on school buses
with
pupils during such periods of time that the buses are being
used
to transport pupils to and from schools. Volunteers shall
not be
compensated for their services, but older pupils may be
excused
early from school to participate in the program.
Volunteers may be assigned duties or responsibilities by
the
superintendent, including but not limited to, assisting
younger
pupils in embarking and disembarking from buses and in
crossing
streets where necessary to ensure the safety of the
pupil, aiding
the driver of the bus to maintain order on buses,
assisting
handicapped pupils with disabilities, and such other activities as
the
superintendent determines will aid in the safe and efficient
transportation of pupils.
Volunteers serving under this section are not employees for
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing
in
this section shall authorize a board of education to adversely
affect the employment of any employee of the board.
(B) The board of education of each city, local, or
exempted
village school district shall present a program to all
pupils in
kindergarten through third grade who are offered school
bus
transportation and who have not previously attended such
program.
The program shall consist of instruction in bus rider
behavior,
school bus safety, and the potential problems and
hazards
associated with school bus ridership. The department of
education
shall prescribe the content and length of such program,
which
shall be presented within two weeks after the commencement
of
classes each school year.
Sec. 3327.17. The department of development shall establish a
biodiesel school bus program under which the director of
development shall make grants to school districts that use
biodiesel fuel for pupil transportation to help offset incremental
costs incurred by using biodiesel instead of one hundred per cent
petroleum diesel.
As used in this section, "biodiesel" has the same meaning as
in section 122.075 of the Revised Code.
Sec. 3333.04. The chancellor of the Ohio board of regents
shall:
(A) Make studies of state policy in the field of higher
education and formulate a master plan for higher education for
the
state, considering the needs of the people, the needs of the
state, and the role of individual public and private institutions
within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general
assembly on the findings from the chancellor's studies and the
master plan for
higher education for the state;
(2) Report at least semiannually to the general assembly and
the
governor the enrollment numbers at each state-assisted
institution of higher
education.
(C) Approve or disapprove the establishment of new
branches
or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state
technical colleges or any other state institution of higher
education;
(E) Recommend the nature of the programs, undergraduate,
graduate, professional, state-financed research, and public
services which should be offered by the state colleges,
universities, and other state-assisted institutions of higher
education in order to utilize to the best advantage their
facilities and personnel;
(F) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary
duplication, as shall be determined using the process developed
pursuant to this division, or for other good and sufficient cause.
Prior to recommending a program for elimination, the chancellor
shall request the board of regents to hold at least one public
hearing on the matter and advise the chancellor on whether the
program should be recommended for elimination. The board shall
provide notice of each hearing within a reasonable amount of time
prior to its scheduled date. Following the hearing, the board
shall issue a recommendation to the chancellor. The chancellor
shall consider the board's recommendation but shall not be
required to accept it.
For purposes of determining the amounts of any state
instructional
subsidies paid to state colleges, universities, and
other state-assisted
institutions of higher education,
the
chancellor may exclude students enrolled in any
program that the
chancellor has recommended for elimination pursuant
to this
division
except that the chancellor shall not exclude any such
student who
enrolled in the program prior to the date on which
the
chancellor
initially commences to exclude students under this
division.
The chancellor and state colleges, universities,
and other
state-assisted
institutions of higher education shall jointly
develop a process for determining
which
existing graduate or
professional programs constitute
unnecessary
duplication.
(G) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education programs
which
should be added to their present programs;
(H) Conduct studies for the state colleges, universities,
and
other state-assisted institutions of higher education to
assist
them in making the best and most efficient use of their
existing
facilities and personnel;
(I) Make recommendations to the governor and general
assembly
concerning the development of state-financed capital
plans for
higher education; the establishment of new state
colleges,
universities, and other state-assisted institutions of
higher
education; and the establishment of new programs at the
existing
state colleges, universities, and other institutions of
higher
education;
(J) Review the appropriation requests of the public
community
colleges and the state colleges and universities and
submit to the
office of budget and management and to the
chairpersons of the
finance committees of the house of
representatives
and of the
senate the chancellor's recommendations in regard to
the biennial
higher
education appropriation for the state,
including
appropriations
for the individual state colleges and
universities
and public
community colleges. For the purpose of
determining the
amounts
of instructional subsidies to be paid to
state-assisted
colleges
and universities, the chancellor shall define
"full-time
equivalent
student" by program per academic year. The
definition
may take
into account the establishment of minimum
enrollment
levels in
technical education programs below which
support
allowances will
not be paid. Except as otherwise provided
in this
section, the
chancellor shall make no change in the definition
of
"full-time
equivalent student" in effect on November 15, 1981,
which would
increase or decrease the number of subsidy-eligible
full-time
equivalent students, without first submitting a fiscal
impact
statement to the president of the senate, the speaker of
the
house of representatives,
the
legislative service commission,
and the director of budget and
management. The chancellor shall
work in close cooperation with the
director of budget and
management in this respect and in all
other
matters concerning the
expenditures of appropriated funds
by state
colleges,
universities, and other institutions of higher
education.
(K) Seek the cooperation and advice of the officers and
trustees of both public and private colleges, universities, and
other institutions of higher education in the state in performing
the chancellor's duties and making the chancellor's plans,
studies, and recommendations;
(L) Appoint advisory committees consisting of persons
associated with public or private secondary schools, members of
the state board of education, or personnel of the state
department
of education;
(M) Appoint advisory committees consisting of college and
university personnel, or other persons knowledgeable in the field
of higher education, or both, in order to obtain their advice and
assistance in defining and suggesting solutions for the problems
and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree
programs at all state colleges, universities, and other
state-assisted institutions of higher education;
(O) Adopt such rules as are necessary to carry out the
chancellor's
duties and responsibilities. The rules shall
prescribe procedures for the chancellor to follow when taking
actions associated with the chancellor's duties and
responsibilities and shall indicate which types of actions are
subject to those procedures. The procedures adopted under this
division shall be in addition to any other procedures prescribed
by law for such actions. However, if any other provision of the
Revised Code or rule adopted by the chancellor prescribes
different procedures for such an action, the procedures adopted
under this division shall not apply to that action to the extent
they conflict with the procedures otherwise prescribed by law. The
procedures adopted under this division shall include at least the
following:
(1) Provision for public notice of the proposed action;
(2) An opportunity for public comment on the proposed action,
which may include a public hearing on the action by the board of
regents;
(3) Methods for parties that may be affected by the proposed
action to submit comments during the public comment period;
(4) Submission of recommendations from the board of regents
regarding the proposed action, at the request of the chancellor;
(5) Written publication of the final action taken by the
chancellor and the chancellor's rationale for the action;
(6) A timeline for the process described in divisions (O)(1)
to (5) of this section.
(P) Establish and submit to the governor and the general
assembly a clear and measurable set of goals and timetables for
their achievement for each program under the chancellor's
supervision that is designed to accomplish any of the following:
(1) Increased access to higher education;
(5) Excellence in higher education;
(6) Reduction in the number of graduate programs within
the
same subject area.
In July of each odd-numbered year, the chancellor
shall
submit to the governor and the general assembly a report on
progress made toward these goals.
(Q) Make recommendations to the governor and the general
assembly regarding the design and funding of the student
financial
aid programs specified in sections 3333.12, 3333.122, 3333.21 to
3333.27,
and 5910.02 of the Revised Code;
(R) Participate in education-related state or federal
programs on behalf of the state and assume responsibility for the
administration of such programs in accordance with applicable
state or federal law;
(S) Adopt rules for student financial
aid programs as
required by sections 3333.12, 3333.122, 3333.21 to
3333.27,
3333.28,
3333.29, and 5910.02 of the
Revised Code, and perform any
other
administrative functions assigned to the chancellor by those
sections;
(T) Administer contracts
under sections 3702.74 and 3702.75
of the
Revised Code in accordance with rules
adopted by the
director of health under section 3702.79 of the
Revised Code;
(U) Conduct enrollment audits of state-supported
institutions
of
higher education;
(V) Appoint consortiums of college and university personnel
to
participate in the development and operation of statewide
collaborative
efforts, including the Ohio supercomputer center,
the Ohio
academic resources network, OhioLink, and the
Ohio
learning network. For each consortium, the chancellor shall
designate
a
college
or university to serve as that consortium's
fiscal
agent,
financial officer, and employer. Any funds
appropriated for the consortiums shall be distributed to the
fiscal
agents
for the operation of the consortiums. A consortium
shall
follow
the rules of the college or university that serves as
its
fiscal
agent.
(W) Adopt rules establishing advisory duties and
responsibilities of the board of regents not otherwise prescribed
by law;
(X) Respond to requests for information about higher
education from members of the general assembly and direct staff to
conduct research or analysis as needed for this purpose.
Sec. 3333.122. (A) As used in this section:
(1)
"Eligible student" means a student who
is:
(a) An Ohio resident who first enrolls in an undergraduate
program in the 2006-2007 academic year or thereafter;
(b) Enrolled If the student first enrolled in an
undergraduate program in the 2006-2007 or 2007-2008 academic year,
the student is enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization
pursuant to Chapter 1713. of the
Revised Code,
has a
certificate
of registration from the state
board of
career colleges and schools and program authorization
to
award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) If the student first enrolled in an undergraduate program
after the 2007-2008 academic year, the student is enrolled in
either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization pursuant to Chapter 1713. of the
Revised Code, or is a private institution exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code;
(ii) An education program of at least two years duration
sponsored by a private institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and has a certificate of authorization pursuant to
Chapter 1713. of the Revised Code.
(2) A student who participated in either the early college
high school program administered by the department of education or
in the post-secondary enrollment options program pursuant to
Chapter 3365. of the Revised Code before the 2006-2007 academic
year shall not be excluded from eligibility for a needs-based
financial aid grant under this section.
(3)
"Resident," "expected family contribution" or "EFC,"
"full-time student," "three-quarters-time student," "half-time
student," "one-quarter-time student," and
"accredited" shall be
defined by
rules adopted by the chancellor of the Ohio board of
regents.
(B) The chancellor shall establish and
administer
a
needs-based financial aid program based on the United States
department of education's method of determining financial need and
may adopt rules to
carry out
this section. The program shall be
known as the Ohio college opportunity grant program. The general
assembly shall support the
needs-based financial aid program by
such sums and in such manner as it
may provide, but the chancellor
may also receive funds from other
sources to support the program.
If the amounts available for
support of the program are inadequate
to provide grants to all
eligible students, preference in the
payment of grants shall be
given in terms of expected family
contribution, beginning with the lowest expected family
contribution
category and proceeding upward by category to the
highest expected family contribution category.
A needs-based financial aid grant shall be paid to an
eligible student
through the institution in which the student is
enrolled,
except
that no
needs-based financial aid grant shall be
paid to any person serving a
term of
imprisonment. Applications
for
such grants shall be made
as prescribed by the chancellor, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(a)
and (b)
of this section. Needs-based financial aid grants
shall be
provided
to an eligible student only as long as the
student is
making
appropriate progress toward a nursing diploma or
an
associate or
bachelor's degree. No
student shall be eligible
to
receive a grant for more than ten
semesters, fifteen quarters,
or
the equivalent of five academic
years. A grant made to an
eligible
student on the basis of less
than full-time enrollment
shall be
based on the number of credit
hours for which the student
is
enrolled and shall be computed in
accordance with a formula
adopted by the chancellor. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
A needs-based financial aid grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
As used in the tables in division (C) of this section:
(1) "Private institution" means an institution that is
nonprofit and has a certificate of authorization pursuant to
Chapter 1713. of the Revised Code.
(2) "Career college" means either an institution that holds a
certificate of registration from the state board of career
colleges and schools or a private institution exempt from
regulation under Chapter 3332. of the Revised Code as prescribed
in section 3333.046 of the Revised Code.
Full-time students shall be eligible to receive awards
according to the following table:
Full-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$300 |
|
$600 |
|
$480 |
|
2,001 |
|
2,100 |
|
402 |
|
798 |
|
642 |
|
1,901 |
|
2,000 |
|
498 |
|
1,002 |
|
798 |
|
1,801 |
|
1,900 |
|
600 |
|
1,200 |
|
960 |
|
1,701 |
|
1,800 |
|
702 |
|
1,398 |
|
1,122 |
|
1,601 |
|
1,700 |
|
798 |
|
1,602 |
|
1,278 |
|
1,501 |
|
1,600 |
|
900 |
|
1,800 |
|
1,440 |
|
1,401 |
|
1,500 |
|
1,002 |
|
1,998 |
|
1,602 |
|
1,301 |
|
1,400 |
|
1,098 |
|
2,202 |
|
1,758 |
|
1,201 |
|
1,300 |
|
1,200 |
|
2,400 |
|
1,920 |
|
1,101 |
|
1,200 |
|
1,302 |
|
2,598 |
|
2,082 |
|
1,001 |
|
1,100 |
|
1,398 |
|
2,802 |
|
2,238 |
|
901 |
|
1,000 |
|
1,500 |
|
3,000 |
|
2,400 |
|
801 |
|
900 |
|
1,602 |
|
3,198 |
|
2,562 |
|
701 |
|
800 |
|
1,698 |
|
3,402 |
|
2,718 |
|
601 |
|
700 |
|
1,800 |
|
3,600 |
|
2,280 |
|
501 |
|
600 |
|
1,902 |
|
3,798 |
|
3,042 |
|
401 |
|
500 |
|
1,998 |
|
4,002 |
|
3,198 |
|
301 |
|
400 |
|
2,100 |
|
4,200 |
|
3,360 |
|
201 |
|
300 |
|
2,202 |
|
4,398 |
|
3,522 |
|
101 |
|
200 |
|
2,298 |
|
4,602 |
|
3,678 |
|
1 |
|
100 |
|
2,400 |
|
4,800 |
|
3,840 |
|
0 |
|
0 |
|
2,496 |
|
4,992 |
|
3,996 |
Three-quarters-time students shall be eligible to receive
awards according to the following table:
Three-Quarters-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$228 |
|
$450 |
|
$360 |
|
2,001 |
|
2,100 |
|
300 |
|
600 |
|
480 |
|
1,901 |
|
2,000 |
|
372 |
|
750 |
|
600 |
|
1,801 |
|
1,900 |
|
450 |
|
900 |
|
720 |
|
1,701 |
|
1,800 |
|
528 |
|
1,050 |
|
840 |
|
1,601 |
|
1,700 |
|
600 |
|
1,200 |
|
960 |
|
1,501 |
|
1,600 |
|
678 |
|
1,350 |
|
1,080 |
|
1,401 |
|
1,500 |
|
750 |
|
1,500 |
|
1,200 |
|
1,301 |
|
1,400 |
|
822 |
|
1,650 |
|
1,320 |
|
1,201 |
|
1,300 |
|
900 |
|
1,800 |
|
1,440 |
|
1,101 |
|
1,200 |
|
978 |
|
1,950 |
|
1,560 |
|
1,001 |
|
1,100 |
|
1,050 |
|
2,100 |
|
1,680 |
|
901 |
|
1,000 |
|
1,128 |
|
2,250 |
|
1,800 |
|
801 |
|
900 |
|
1,200 |
|
2,400 |
|
1,920 |
|
701 |
|
800 |
|
1,272 |
|
2,550 |
|
2,040 |
|
601 |
|
700 |
|
1,350 |
|
2,700 |
|
2,160 |
|
501 |
|
600 |
|
1,428 |
|
2,850 |
|
2,280 |
|
401 |
|
500 |
|
1,500 |
|
3,000 |
|
2,400 |
|
301 |
|
400 |
|
1,578 |
|
3,150 |
|
2,520 |
|
201 |
|
300 |
|
1,650 |
|
3,300 |
|
2,640 |
|
101 |
|
200 |
|
1,722 |
|
3,450 |
|
2,760 |
|
1 |
|
100 |
|
1,800 |
|
3,600 |
|
2,880 |
|
0 |
|
0 |
|
1,872 |
|
3,744 |
|
3,000 |
Half-time students shall be eligible to receive awards
according to the following table:
Half-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$150 |
|
$300 |
|
$240 |
|
2,001 |
|
2,100 |
|
204 |
|
402 |
|
324 |
|
1,901 |
|
2,000 |
|
252 |
|
504 |
|
402 |
|
1,801 |
|
1,900 |
|
300 |
|
600 |
|
480 |
|
1,701 |
|
1,800 |
|
354 |
|
702 |
|
564 |
|
1,601 |
|
1,700 |
|
402 |
|
804 |
|
642 |
|
1,501 |
|
1,600 |
|
450 |
|
900 |
|
720 |
|
1,401 |
|
1,500 |
|
504 |
|
1,002 |
|
804 |
|
1,301 |
|
1,400 |
|
552 |
|
1,104 |
|
882 |
|
1,201 |
|
1,300 |
|
600 |
|
1,200 |
|
960 |
|
1,101 |
|
1,200 |
|
654 |
|
1,302 |
|
1,044 |
|
1,001 |
|
1,100 |
|
702 |
|
1,404 |
|
1,122 |
|
901 |
|
1,000 |
|
750 |
|
1,500 |
|
1,200 |
|
801 |
|
900 |
|
804 |
|
1,602 |
|
1,284 |
|
701 |
|
800 |
|
852 |
|
1,704 |
|
1,362 |
|
601 |
|
700 |
|
900 |
|
1,800 |
|
1,440 |
|
501 |
|
600 |
|
954 |
|
1,902 |
|
1,524 |
|
401 |
|
500 |
|
1,002 |
|
2,004 |
|
1,602 |
|
301 |
|
400 |
|
1,050 |
|
2,100 |
|
1,680 |
|
201 |
|
300 |
|
1,104 |
|
2,202 |
|
1,764 |
|
101 |
|
200 |
|
1,152 |
|
2,304 |
|
1,842 |
|
1 |
|
100 |
|
1,200 |
|
2,400 |
|
1,920 |
|
0 |
|
0 |
|
1,248 |
|
2,496 |
|
1,998 |
One-quarter-time students shall be eligible to receive awards
according to the following table:
One-Quarter-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$78 |
|
$150 |
|
$120 |
|
2,001 |
|
2,100 |
|
102 |
|
198 |
|
162 |
|
1,901 |
|
2,000 |
|
126 |
|
252 |
|
198 |
|
1,801 |
|
1,900 |
|
150 |
|
300 |
|
240 |
|
1,701 |
|
1,800 |
|
174 |
|
348 |
|
282 |
|
1,601 |
|
1,700 |
|
198 |
|
402 |
|
318 |
|
1,501 |
|
1,600 |
|
228 |
|
450 |
|
360 |
|
1,401 |
|
1,500 |
|
252 |
|
498 |
|
402 |
|
1,301 |
|
1,400 |
|
276 |
|
552 |
|
438 |
|
1,201 |
|
1,300 |
|
300 |
|
600 |
|
480 |
|
1,101 |
|
1,200 |
|
324 |
|
648 |
|
522 |
|
1,001 |
|
1,100 |
|
348 |
|
702 |
|
558 |
|
901 |
|
1,000 |
|
378 |
|
750 |
|
600 |
|
801 |
|
900 |
|
402 |
|
798 |
|
642 |
|
701 |
|
800 |
|
426 |
|
852 |
|
678 |
|
601 |
|
700 |
|
450 |
|
900 |
|
720 |
|
501 |
|
600 |
|
474 |
|
948 |
|
762 |
|
401 |
|
500 |
|
498 |
|
1,002 |
|
798 |
|
301 |
|
400 |
|
528 |
|
1,050 |
|
840 |
|
201 |
|
300 |
|
552 |
|
1,098 |
|
882 |
|
101 |
|
200 |
|
576 |
|
1,152 |
|
918 |
|
1 |
|
100 |
|
600 |
|
1,200 |
|
960 |
|
0 |
|
0 |
|
624 |
|
1,248 |
|
1,002 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section,
no grant shall be made to any student for enrollment
during a
fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
chancellor
shall adopt rules requiring institutions to provide
information
regarding an appeal to the chancellor.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The chancellor shall adopt rules for the notification
of
all
institutions whose students will be ineligible to
participate
in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving needs-based financial aid grants under this section
shall report to
the chancellor all students who have received
needs-based financial aid
grants but
are no longer eligible for
all or part of such grants
and shall
refund any moneys due the
state within thirty days
after the
beginning of the quarter or
term immediately following
the quarter
or term in which the
student was no longer eligible
to receive all
or part of the
student's grant. There shall
be an interest
charge
of one per cent
per month on all moneys due and payable
after such
thirty-day
period. The chancellor shall immediately
notify the office
of
budget and management and
the
legislative service commission
of
all
refunds so received.
Sec. 3333.36. Provided If the chancellor determines that
sufficient unencumbered and unexpended funds are available from
general revenue fund appropriations made to the Ohio board of
regents or to the chancellor of the Ohio board of regents, the
chancellor shall
allocate up the following:
(A) Up to seventy thousand dollars in each fiscal year to
make payments to the Columbus program in intergovernmental issues,
an Ohio internship program at Kent state university, for
scholarships of up to two thousand dollars for each student
enrolled in the program. The;
(B) Up to one hundred sixty-five thousand dollars in each
fiscal year to make payments to the Washington center for
scholarships provided to undergraduates of Ohio's four-year public
and private institutions of higher education selected to
participate in the Washington center internship program. The
amount of a student's scholarship shall not exceed the amount
specified for such scholarships in the biennial operating
appropriations act.
The chancellor may utilize any general revenue funds
appropriated to the board of regents or to the chancellor that the
chancellor
determines to be available for purposes of this
section.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the
following:
(a) A state institution of higher education, as defined in
section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of
authorization under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under
Chapter 3332. of the Revised Code, as prescribed in section
3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of
registration from the state board of career colleges and schools
under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds"
includes assistance granted under sections 3315.33, 3333.12,
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372,
5910.03, 5910.032, and 5919.34 of the Revised Code or financed by
an award under the choose Ohio first scholarship program
established under section 3333.61 of the Revised Code and any
other post-secondary student financial assistance supported by
state funds.
(B) An individual who is convicted of, pleads guilty to, or
is adjudicated a delinquent child for one of the following
violations shall be ineligible to receive any student financial
assistance supported by state funds at an institution of higher
education for two calendar years from the time the individual
applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised
Code;
(2) A violation of section 2917.04 of the Revised Code that
is a misdemeanor of the fourth degree;
(3) A violation of section 2917.13 of the Revised Code that
is a misdemeanor of the fourth or first degree and occurs within
the proximate area where four or more others are acting in a
course of conduct in violation of section 2917.11 of the Revised
Code.
(C) If an individual is convicted of, pleads guilty to, or is
adjudicated a delinquent child for committing a violation of
section 2917.02 or 2917.03 of the Revised Code, and if the
individual is enrolled in a state-supported institution of higher
education, the institution in which the individual is enrolled
shall immediately dismiss the individual. No state-supported
institution of higher education shall admit an individual of that
nature for one academic year after the individual applies for
admission to a state-supported institution of higher education.
This division does not limit or affect the ability of a
state-supported institution of higher education to suspend or
otherwise discipline its students.
Sec. 3333.50. The Ohio board of regents, in consultation with
the governor and the department of development, shall develop a
critical needs rapid response system to respond quickly to
critical workforce shortages in the state. Not later than ninety
days after a critical workforce shortage is identified, the
chancellor of the board shall submit to the governor a proposal
for addressing the shortage through initiatives of the board or
institutions of higher education.
Sec. 3333.55. (A) The health information and imaging
technology workforce development pilot project is hereby
established. Under the project, in fiscal years 2008 through 2010,
the Ohio board of regents shall design and implement a three-year
pilot program to test, in the vicinity of Clark, Greene, and
Montgomery counties, how a P-16 public-private education and
workforce development collaborative may address each of the
following goals:
(1) Increase the number of students taking and mastering
high-level science, technology, engineering, or mathematics
courses and pursuing careers in those subjects, in all demographic
regions of the state;
(2) Increase the number of students pursuing professional
careers in health information and imaging technology upon
receiving related technical education and professional experience,
in all demographic regions of the state;
(3) Unify efforts among schools, career centers,
post-secondary programs, and employers in a region for career and
workforce development, preservation, and public education.
(B) The project shall focus on enhancing P-16 education and
workforce development in the field of health information and
imaging technology through such activities as increased academic
intervention in related areas of study, after-school and summer
intervention programs, tutoring, career and job fairs and other
promotional and recruitment activities, externships, professional
development, field trips, academic competitions, development of
related specialized study modules, development of honors programs,
and development and enhancement of dual high school and college
enrollment programs.
(C) Project participants shall include Clark-Shawnee local
school district, Springfield city school district, Greene county
career center, Clark state community college, Central state
university, Wright state university, Cedarville university,
Wittenberg university, the university of Dayton, and private
employers in the health information and imaging technology
industry in the vicinity of Clark, Greene, and Montgomery
counties, selected by the board of regents.
For the third year of the project, the board of regents may
add as participants the Dayton city school district and Xenia city
school district.
(D) Wittenberg university shall be the lead coordinating
agent and Clark state community college shall be the fiscal agent
for the project.
(E) The board of regents shall create an advisory council
made up of representatives of the participating entities to
coordinate, monitor, and evaluate the project. The advisory
council shall submit an annual activity report to the board of
regents by a date specified by the board of regents.
Sec. 3333.60. As used in sections 3333.61 to 3333.70 of the
Revised Code:
(A) "State university or college" has the same meaning as in
section 3345.12 of the Revised Code.
(B) "State university" and "state institution of higher
education" have the same
meanings as in section 3345.011 of the
Revised Code.
Sec. 3333.61. The chancellor of the Ohio board of regents
shall establish and administer the Ohio innovation partnership,
which shall consist of the choose Ohio first scholarship program
and the Ohio research scholars program. Under the programs, the
chancellor, subject to approval by the controlling board, shall
make
awards to state universities or colleges for programs and
initiatives that recruit students and scientists in the fields of
science, technology, engineering, mathematics, and medicine to
state universities or colleges, in order to enhance regional
educational and economic strengths and meet the needs of the
state's regional economies. Awards may be granted for programs and
initiatives to be implemented by a state university or college
alone or in collaboration with other state institutions of higher
education, nonpublic Ohio universities and colleges, or other
public or private Ohio entities. If the chancellor makes an award
to a program or initiative that is intended to be implemented by a
state university or college in collaboration with other state
institutions of higher education or nonpublic Ohio universities or
colleges, the chancellor may provide that some portion of the
award be received directly by the collaborating universities or
colleges consistent with all terms of the Ohio innovation
partnership.
The choose Ohio first scholarship program shall assign a
number of scholarships
to state universities and colleges
to
recruit Ohio residents as undergraduate, or as provided in section
3333.66 of the Revised Code graduate, students in
the fields of
science, technology, engineering, mathematics, and
medicine, or
in science, technology, engineering, mathematics, or
medical
education. Choose Ohio first scholarships shall be awarded to each
participating eligible student as a grant to the state university
or college the student is attending and shall be reflected on the
student's tuition bill. Choose Ohio first scholarships are
student-centered grants from the state to students to use to
attend a university or college and are not grants from the state
to universities or colleges.
Notwithstanding any other provision of this section or
sections 3333.62 to 3333.70 of the Revised Code, a nonpublic
four-year Ohio institution of higher education may submit a
proposal for choose Ohio first scholarships if the proposal is to
be implemented in collaboration with a state university or
college. If the chancellor grants a nonpublic institution an award
of scholarships, the nonpublic institution shall comply with all
requirements of this section, sections 3333.62 to 3333.70 of the
Revised Code, and the rules adopted under this section that apply
to state universities or colleges awarded choose Ohio first
scholarships.
The Ohio research scholars program shall award grants to use
in recruiting scientists to the faculties of state universities or
colleges.
The chancellor shall adopt rules in accordance with Chapter
119. of the Revised Code to administer the programs.
Sec. 3333.62. The chancellor of the Ohio board of regents
shall establish a competitive process for making awards under the
choose Ohio first scholarship program and the Ohio research
scholars program. The chancellor, on completion of that process,
shall make a recommendation to the controlling board asking for
approval of each award selected by the chancellor.
Any state university or college may apply for one or more
awards under one or both programs. The state university or college
shall submit a proposal and other documentation required by the
chancellor, in the form and manner prescribed by the chancellor,
for each award it seeks. A proposal may propose an initiative to
be implemented solely by the state university or college or in
collaboration with other state institutions of higher education,
nonpublic Ohio universities or colleges, or other public or
nonpublic Ohio entities. A single proposal may seek an award under
one or both programs.
The chancellor shall determine which proposals will receive
awards each fiscal year, and the amount of each award, on the
basis of the merit of each proposal, which the chancellor, subject
to approval by the controlling board, shall determine based on one
or more of the following criteria:
(A) The quality of the program that is the subject of the
proposal and the extent to which additional resources will enhance
its quality;
(B) The extent to which the proposal is integrated with the
strengths of the regional economy;
(C) The extent to which the proposal is integrated with
centers of research excellence within the private sector;
(D) The amount of other institutional, public, or private
resources, whether monetary or nonmonetary, that the proposal
pledges to leverage;
(E) The extent to which the proposal is collaborative with
other public or nonpublic Ohio institutions of higher education;
(F) The extent to which the proposal is integrated with the
university's or college's mission and does not displace existing
resources already committed to the mission;
(G) The extent to which the proposal facilitates a more
efficient utilization of existing faculty and programs;
(H) The extent to which the proposal meets a statewide
educational need;
(I) The demonstrated productivity or future capacity of the
students or scientists to be recruited;
(J) The extent to which the proposal will create additional
capacity in educational or economic areas of need;
(K) The extent to which the proposal will encourage students
who received degrees in the fields of science, technology,
engineering, mathematics, or medicine from two-year institutions
to transfer to state universities or colleges to pursue
baccalaureate degrees in science, technology, engineering,
mathematics, or medicine;
(L) The extent to which the proposal encourages students
enrolled in state universities to transfer into science,
technology, engineering, mathematics, or medicine programs;
(M) The extent to which the proposal facilitates the
completion of a baccalaureate degree in a cost-effective manner,
for example, by facilitating students' completing two years at a
two-year institution and two years at a state university or
college;
(N) The extent to which the proposal allows attendance at a
state university or college of students who otherwise could not
afford to attend;
(O) The extent to which other institutional, public, or
private resources pledged to the proposal will be deployed to
assist in sustaining students' scholarships over their academic
careers;
(P) The extent to which the proposal increases the likelihood
that students will successfully complete their degree programs in
science, technology, engineering, mathematics, or medicine or in
science, technology, engineering, mathematics, or medical
education;
(Q) The extent to which the proposal ensures
that a student
who is awarded a scholarship is appropriately qualified and
prepared to successfully complete a degree program in
science,
technology, engineering, mathematics, or medicine or in
science,
technology, engineering, mathematics, or medical
education.
Sec. 3333.63. The chancellor of the Ohio board of regents
shall conduct at least one public meeting annually, prior to
deciding awards under the Ohio innovation partnership. At the
meeting, an employee of the chancellor shall summarize the
proposals submitted for consideration, and each state university
or college that has a proposal pending shall have the opportunity
to review the summary of their proposal prepared by the
chancellor's staff and answer questions or respond to concerns
about the proposal raised by the chancellor's staff.
Sec. 3333.64. The chancellor of the Ohio board of regents
shall endeavor to make awards under the choose Ohio first
scholarship program
and the Ohio research scholars program such
that the aggregate,
statewide amount of other institutional,
public, and private money
pledged to the proposals in each fiscal
year equals at least one
hundred per cent of the aggregate amount
of the money awarded
under both programs that year. The
chancellor shall endeavor to make awards under the choose Ohio
first scholarship program in such a way that at least fifty per
cent of the students receiving the scholarships are involved in a
co-op or internship program in a private industry or a university
laboratory. The value of institutional, public, or private
industry co-ops and internships shall count toward the statewide
aggregate amount of other institutional, public, or private money
specified in this paragraph.
The chancellor also shall endeavor to distribute awards in
such a way that all regions of the state benefit from the economic
development impact of the programs and shall guarantee that
students from all regions of the state are able to participate in
the scholarship program.
Sec. 3333.65. The chancellor of the Ohio board of regents
shall require each state university or college that the
controlling board approves to receive an award under the Ohio
innovation partnership to enter into an agreement governing the
use of the award. The agreement shall contain terms the chancellor
determines to be necessary, which shall include performance
measures, reporting requirements, and an obligation to fulfill
pledges of other institutional, public, or nonpublic resources for
the proposal.
The chancellor may require a state university or college that
violates the terms of its agreement to repay the award plus
interest at the rate required by section 5703.47 of the Revised
Code to the chancellor.
If the chancellor makes an award to a program or initiative
that is intended to be implemented by a state university or
college in collaboration with other state institutions of higher
education or nonpublic Ohio universities or colleges, the
chancellor may enter into an agreement with the collaborating
universities or colleges that permits awards to be received
directly by the collaborating universities or colleges consistent
with the terms of the program or initiative. In that case, the
chancellor shall incorporate into the agreement terms consistent
with the requirements of this section.
Sec. 3333.66. (A) In each academic year, no student who
receives a choose Ohio first scholarship shall receive less than
one thousand five hundred dollars or more than one-half of the
highest in-state undergraduate instructional and general fees
charged by all state universities. For this purpose, if Miami
university is implementing the pilot tuition restructuring plan
originally recognized in Am. Sub. H.B. 95 of the 125th general
assembly, that university's instructional and general fees shall
be considered to be the average full-time in-state undergraduate
instructional and general fee amount after taking into account the
Ohio resident and Ohio leader scholarships and any other credit
provided to all Ohio residents.
(B) The chancellor of the Ohio board of regents
shall
encourage state universities and colleges, alone or in
collaboration with other state institutions of higher education,
nonpublic Ohio universities and colleges, or other public or
private Ohio entities, to submit proposals under the choose Ohio
first scholarship program for initiatives that recruit Ohio
residents enrolled in colleges and universities in other states or
other countries to return to Ohio and enroll in state universities
or colleges as graduate students in the fields of science,
technology, engineering, mathematics, and medicine, or in the
fields of science, technology, engineering, mathematics, or
medical education. If such proposals are submitted and meet the
chancellor's competitive criteria for awards, the chancellor,
subject to approval by the controlling board, shall give at least
one of the proposals preference for an award.
(C) The general assembly intends that money appropriated for
the choose Ohio first scholarship program in each fiscal year be
used for scholarships in the following academic year.
Sec. 3333.67. Each state university or college that receives
an award under the Ohio research scholars program shall deposit
the amount it receives into a new or existing endowment fund. The
university or
college shall maintain the amount received and use
income generated
from that amount, and other institutional,
public, or nonpublic
resources, to finance the proposal approved
by the chancellor of
the Ohio board of regents and the
controlling board.
Sec. 3333.68. When making an award under the Ohio innovation
partnership, the chancellor of the Ohio board of regents, subject
to approval by the controlling board, may commit to giving a state
university's or college's proposal preference for future awards
after the current fiscal year or fiscal biennium. A proposal's
eligibility for future awards remains conditional on all of the
following:
(A) Future appropriations of the general assembly;
(B) The university's or college's adherence to the agreement
entered into under section 3333.65 of the Revised Code, including
its fulfillment of pledges of other institutional, public, or
nonpublic resources;
(C) With respect to the choose Ohio first scholarship
program, a demonstration that the students receiving the
scholarship are satisfied with the state universities or colleges
selected by the chancellor to offer the scholarships.
The chancellor and the controlling board shall not commit to
awarding any proposal for more than five fiscal years at a time.
However, when a commitment for future awards expires, a state
university or college may reapply.
Sec. 3333.69. The chancellor of the Ohio board of regents
shall monitor each initiative for which an award is granted under
the Ohio innovation partnership to ensure the following:
(A) Fiscal accountability, so that the award is used in
accordance with the agreement entered into under section 3333.65
of the Revised Code;
(B) Operating progress, so that the initiative is managed to
achieve the goals stated in the proposal and in the agreement, and
so that problems may be promptly identified and remedied;
(C) Desired outcomes, so that the initiative contributes to
the programs' goals of enhancing regional educational and economic
strengths and meeting regional economic needs.
Sec. 3333.70. Not later than December 31, 2008, and the
thirty-first day of December of each year thereafter, the
chancellor of the Ohio board of regents shall submit to the
general assembly in accordance with section 101.68 of the Revised
Code a report on the academic and economic impact of the Ohio
innovation partnership. At a minimum, the report shall include the
following:
(A) Progress and performance metrics for each initiative that
received an award in the previous fiscal year;
(B) Economic indicators of the impact of each initiative, and
all initiatives as a whole, on the regional economies and the
statewide economy;
(C) The chancellor's strategy in assigning choose Ohio first
scholarships among state universities and colleges and how the
actual awards fit that strategy.
Sec. 3345.02. As used in this section, "state institution of
higher education" has the same meaning as in section 3345.011 of
the Revised Code.
Beginning in the 2008-2009 academic year, each state
institution of higher education shall include in each statement of
estimated or actual charges owed by a student enrolled in the
institution an itemized list of the instructional fees, general
fees, special purpose fees, service charges, fines, and any other
fees or surcharges applicable to the student.
Sec. 3345.05.
(A) All registration fees, nonresident
tuition
fees, academic fees for the support of off-campus
instruction,
laboratory and course fees when so assessed and
collected,
student
health fees for the support of a student health
service,
all other
fees, deposits, charges, receipts, and income
from all
or part of
the students, all subsidy or other payments
from state
appropriations, and all other fees, deposits, charges,
receipts,
and income, and revenue received by each state-supported
university
and
college state institution of higher education, the
Ohio state university hospitals and their
ancillary
facilities,
the Ohio agricultural research and
development
center,
and the
Ohio state university cooperative
extension
service shall
be held
and administered by the respective
boards
of trustees of
the
state-supported universities and
colleges state institution of
higher education;
provided, that such
fees, deposits, charges,
receipts,
and income and revenue, to the extent
required by
resolutions, trust
agreements,
indentures, leases, and
agreements
adopted, made, or
entered into
under Chapter 154. or
section
3345.07, 3345.11, or
3345.12 of the
Revised Code, shall be
held,
administered,
transferred, and
applied in accordance
therewith.
(B) The Ohio board of regents shall require annual reporting
by
the Ohio agricultural research and development center and by
each
university and college receiving state aid in such form and
detail as determined by the board in consultation with such
center, universities and colleges, and the director of budget and
management.
(C) Notwithstanding any provision of the Revised Code to the
contrary, the title to investments made by the board of trustees
of a state-supported university or college state institution of
higher education with funds derived from
revenues any of the
sources described
in division (A) of this section shall not be
vested in the
state or the political subdivision but shall be held
in trust by the board. Such
investments
shall be made pursuant to
an investment policy adopted
by the
board in public session that
requires all fiduciaries to
discharge
their duties with the care,
skill, prudence, and
diligence under
the circumstances then
prevailing that a prudent
person acting in
like capacity and
familiar with such matters
would use in the
conduct of an
enterprise of a like character and
with like aims.
The policy also
shall require at least the
following:
(1) A stipulation that investment be made only in publicly
traded securities averaging of at least twenty-five per cent of
the
average amount of the investment portfolio over the course of
the
previous fiscal year be invested in securities of the United
States
government or of its agencies or instrumentalities, the
treasurer
of state's pooled investment program, obligations of
this state or
any political subdivision of this state,
certificates of deposit
of any national bank located in this
state, written repurchase
agreements with any eligible Ohio
financial institution that is a
member of the federal reserve
system or federal home loan bank,
money market funds, or bankers
acceptances maturing in two hundred
seventy days or less which are
eligible for purchase by the
federal reserve system, as a reserve;
(2) Eligible funds above those that meet the conditions of
division (C)(1) of this section may be pooled with other
institutional funds and invested in accordance with section
1715.54 of the Revised Code.
(3) The establishment of an investment committee.
(D) The investment committee established under division
(C)(2)(3) of this section shall meet at least quarterly. The
committee shall review and recommend revisions to the board's
investment policy and shall advise the board on its investments
made under division (C) of this section in an effort to assist it
in meeting its obligations as a fiduciary as described in division
(C) of this section. The committee
shall be authorized to retain
the services of an investment
advisor who meets both of the
following qualifications:
(1) The advisor is either:
(a) Licensed by the division of
securities under section
1707.141 of the Revised Code;
(b) Registered with the securities and exchange commission.
(a) Has experience in the management of investments of
public
funds, especially in the investment of state-government
investment
portfolios;
(b) Is an eligible institution referenced in section 135.03
of the Revised Code.
(E) As used in this section, "state institution of higher
education" means a state institution of higher education as
defined in section 3345.011 of the Revised Code.
Sec. 3345.32. (A) As used in this section:
(1) "State university or college" means the institutions
described in section 3345.27 of the Revised Code and the
northeastern Ohio universities college of medicine.
(2) "Resident" has the meaning specified by rule of the
chancellor of the
Ohio board of regents.
(3) "Statement of selective service status" means a
statement
certifying one of the following:
(a) That the individual filing the statement has
registered
with the selective service system in accordance with
the "Military
Selective Service Act," 62 Stat. 604, 50 U.S.C.
App. 453, as
amended;
(b) That the individual filing the statement is not
required
to register with the selective service for one of the
following
reasons:
(i) The individual is under eighteen or over twenty-six
years
of age.
(ii) The individual is on active duty with the armed forces
of the United States other than for training in a reserve or
national
guard unit.
(iii) The individual is a nonimmigrant alien lawfully in the
United States in accordance with section 101 (a)(15) of the
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.
(iv) The individual is not a citizen of the United States
and
is a
permanent resident of the Trust Territory of the Pacific
Islands
or the Northern Mariana Islands.
(4) "Institution of higher education" means any eligible
institution approved by the United
States department of education
pursuant to the "Higher
Education Act
of 1965," 79 Stat. 1219, as
amended, or any institution
whose
students are eligible for
financial assistance under any of the
programs described by
division (E) of this section.
(B) The Ohio board of regents chancellor shall, by rule,
specify the
form of statements of selective service status to be
filed in
compliance with divisions (C) to (F) of this section.
Each
statement of selective service status shall contain a section
wherein a male student born after December 31, 1959, certifies
that the student has registered with the selective service
system
in
accordance with the "Military Selective Service Act," 62 Stat.
604, 50 U.S.C. App. 453, as amended. For
those students not
required to register with the selective
service, as specified in
divisions (A)(2)(b)(i) to (iv) of this
section, a section shall be
provided on the statement of
selective service status for the
certification of nonregistration
and for an explanation of the
reason for the exemption. The
board of regents chancellor may
require that such statements be accompanied
by documentation
specified by rule of the board chancellor.
(C) A state university or college that enrolls in any
course,
class, or program a male student born after December 31,
1959, who
has not filed a statement of selective service status
with the
university or college shall, regardless of the student's
residency, charge the student any tuition surcharge charged
students who are not residents of this state.
(D) No male born after December 31, 1959, shall be
eligible
to receive any loan, grant, scholarship, or other
financial
assistance for educational expenses granted under section
3315.33,
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,
5910.032, or 5919.34 of the Revised Code, or financed by an award
under the choose Ohio first scholarship program established under
section 3333.61 of the Revised Code, unless that person
has filed
a statement of selective service status with that
person's
institution of higher education.
(E) If an institution of higher education receives a
statement from an individual certifying that the individual
has
registered with the selective service system in accordance with
the
"Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.
453, as amended or that the individual is exempt from
registration
for a
reason other than that the individual is under eighteen
years
of age, the institution shall not require the individual to
file any further
statements. If it receives a statement certifying
that the
individual is not required to register because the
individual
is under eighteen years of age, the institution shall
require the
individual to file a new statement of selective
service status
each time the individual seeks to enroll for a new
academic
term or makes
application for a new loan or loan
guarantee or for any form of
financial assistance for educational
expenses, until it receives
a statement certifying that the
individual has registered with
the selective service system or is
exempt from registration for a
reason other than that the
individual is under eighteen years
of age.
Sec. 3345.35. (A) As used in this section, "state
institution of higher education" has the same meaning as section
3345.011 of the Revised Code.
(B) There is hereby created a higher education statewide
purchasing consortium to be administered by the inter-university
council of Ohio. The consortium shall be comprised of the
purchasing officer of each state institution of higher education.
The board of trustees of each state institution of higher
education shall enter into price agreements offered and
administered by the consortium.
(C) The consortium shall operate in accordance with sections
9.31, 9.311, 9.312, 9.313, 9.333, 125.09, 125.11, 125.111, 125.13,
127.16, 153.012, 153.54, 340.13, 1551.13, and 4115.31 to 4115.35
of the Revised Code and all provisions of the Revised Code
governing purchasing by state institutions of higher education.
(D) The consortium annually shall report price agreement
usage and cost savings to the chancellor of the Ohio board of
regents.
(E) Each state institution of higher education shall do all
of the following:
(1) Enter into price agreements for the purpose of purchasing
services, supplies, and major items commonly purchased by state
institutions of higher education;
(2) Double the amount of dollars the state institution of
higher education spends through the established price agreements
every biennium over the preceding biennium;
(3) Report to the consortium monthly price agreement usage
and any savings that result from purchasing through consortium
initiated and approved price agreements.
Sec. 3353.03. (A) The eTech Ohio commission shall appoint an
executive director, who shall serve at the pleasure of the
commission. The executive director shall have no authority other
than that provided by law or delegated to the executive director
by the commission. The executive director shall do all of the
following:
(1) Direct commission employees in the administration of all
programs of the commission;
(2) Provide leadership and support in extending the knowledge
of the citizens of this state by promoting equal access to and use
of all forms of educational technology, as directed by the
commission;
(3) Provide financial and other assistance to school
districts, educational television and radio stations, radio
reading services, educational technology organizations, and other
educational institutions, affiliates, and, if approved by the
commission, educational technology organizations for the
acquisition and utilization of educational technology;
(4) Implement policies and directives issued by the
commission;
(5) Perform other duties authorized by the commission.
(B) The commission shall fix the compensation of the
executive director. The executive director shall employ and fix
the compensation for such employees as necessary to facilitate the
activities and purposes of the commission. The employees shall
serve at the pleasure of the executive director.
(C) The employees of the commission shall be placed in the
unclassified service.
(D)(1) Except as provided in division (D)(2) of this section,
the employees of the commission shall be exempt from Chapter 4117.
of the Revised Code and shall not be public employees as defined
in section 4117.01 of the Revised Code.
(2) All employees of the commission who transferred to the
commission from one of the commission's predecessor agencies upon
the commission's creation and, when employed by the predecessor
agency were included in a bargaining unit established under
Chapter 4117. of the Revised Code, shall continue to be included
in that bargaining unit, are public employees as defined in
section 4117.01 of the Revised Code, and may collectively bargain
with the commission in accordance with that chapter. Otherwise,
any employee hired by the commission after the effective date of
this section July 1, 2005, either to fill vacancies or to fill new
positions, shall be exempt from Chapter 4117. of the Revised Code
and shall not be public employees as defined in section 4117.10 of
the Revised Code.
Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the
Revised Code:
(A) "Clearinghouse" means the clearinghouse established under
section 3353.21 of the Revised Code.
(B) "Data verification code" means the code assigned to a
student under division (D)(2) of section 3301.0714 of the Revised
Code.
(C) "One-half unit" of instruction has the same meaning as in
section 3313.603 of the Revised Code.
(D) A "student's community school" means the community school
established under Chapter 3314. of the Revised Code in which the
student is enrolled instead of being enrolled in a school operated
by a school district.
(E) A "student's school district" means the school district
operating the school in which the student is lawfully enrolled.
Sec. 3353.21. (A) The eTech Ohio commission shall establish
a clearinghouse of interactive distance learning courses and other
distance learning courses delivered via a computer-based method
offered by school districts for sharing with other school
districts and community schools for the fee set pursuant to
section 3353.24 of the Revised Code. The commission shall not be
responsible for the content of courses offered through the
clearinghouse; however, all such courses shall be delivered only
in accordance with technical specifications approved by the
commission.
(B) To offer a course through the clearinghouse, a school
district shall apply to the commission in a form and manner
prescribed by the commission. The application for each course
shall describe the course of study in as much detail as required
by the commission, the qualification and credentials of the
teacher, the number of hours of instruction, the technology
required to deliver and receive the course, the technical capacity
of the school district to deliver the course, the times that the
school district plans to deliver the course, and any other
information required by the commission. The commission may require
school districts to include in their applications information
recommended by the state board of education under section 3353.30
of the Revised Code.
(C) The commission shall review the technical specifications
of each application submitted under division (B) of this section
and shall approve a course offered if the commission determines
that the school district can satisfactorily deliver the course
through the technology necessary for that delivery. In reviewing
applications, the commission may consult with the department of
education; however, the responsibility to either approve or not
approve a course for the clearinghouse belongs to the commission.
The commission may request additional information from a school
district that submits an application under division (B) of this
section, if the commission determines that such information is
necessary. The commission may negotiate changes in the proposal to
offer a course, if the commission determines that changes are
necessary in order to approve the course.
(D) The commission shall catalog each course approved for the
clearinghouse, through a print or electronic medium, displaying
the following:
(1) Information necessary for a student and the student's
parent, guardian, or custodian and the student's school district
or community school to decide whether to enroll in the course;
(2) Instructions for enrolling in that course, including
deadlines for enrollment.
Sec. 3353.22. (A) A student who is enrolled in a school
operated by a school district or in a community school may enroll
in a course included in the clearinghouse only if both of the
following conditions are satisfied:
(1) The student's enrollment in the course is approved by the
student's school district or the student's community school.
(2) The student's school district or the student's community
school agrees to accept for credit the grade assigned by the
district that is delivering the course.
(B) For each student enrolling in a course, the student's
school district or the student's community school shall transmit
the student's data verification code and the student's name to the
school district delivering the course.
The district delivering the course may request from the
student's school district or the student's community school other
information from the student's school record. The student's school
district or the student's community school shall provide the
requested information only in accordance with section 3319.321 of
the Revised Code.
(C) The student's school district or the student's community
school shall determine the manner in which and facilities at which
the student shall participate in the course consistent with
specifications for technology and connectivity adopted by the
commission.
(D) A student may withdraw from a course prior to the end of
the course only by a date and in a manner prescribed by the
student's school district or community school.
(E) A student who is enrolled in a school operated by a
school district or in a community school and who takes a course
included in the clearinghouse shall be counted in the formula ADM
of a school district under section 3317.03 of the Revised Code as
if the student were taking the course from the student's school
district or the student's community school.
Sec. 3353.23. For each student enrolled in a course included
in the clearinghouse, the student's school district or the
student's community school and the school district delivering the
course shall report to the department of education, in accordance
with the guidelines established under section 3301.0714 of the
Revised Code, the information the department determines is
necessary for the department to make the deductions and payments
required under section 3353.25 of the Revised Code.
Sec. 3353.24. (A) Unless the eTech Ohio commission sets a
different fee amount pursuant to division (B) of this section, the
fee for each course that is the equivalent of one-half unit of
instruction offered through the clearinghouse shall be one hundred
seventy-five dollars per student. The commission shall set the fee
for a course that is either less than or greater than one-half
unit of instruction based on the proportional amount the course is
either less than or greater than one-half unit of instruction.
(B) The commission, by rule adopted in accordance with
Chapter 119. of the Revised Code, may set a fee for courses
offered through the clearinghouse at a rate other than the one
specified in division (A) of this section.
(C) The commission shall proportionally reduce the fee for
any student who withdraws from a course prior to the end of the
course pursuant to division (D) of section 3353.22 of the Revised
Code.
Sec. 3353.25. For each student enrolled in a course included
in the clearinghouse, in accordance with information reported
under section 3353.23 of the Revised Code and not later than the
last day of that course, the department of education shall deduct
the amount of the fee for that course from the student's school
district or the student's community school, under division (P) of
section 3317.023 or section 3314.086 or 3317.161 of the Revised
Code, and shall pay that amount to the school district delivering
the course.
Sec. 3353.26. The grade for a student who enrolls in a
course included in the clearinghouse shall be assigned by the
school district that delivers the course and shall be transmitted
by that district to the student's school district or the student's
community school.
Sec. 3353.27. The eTech Ohio commission may determine the
manner in which a course included in the clearinghouse may be
offered as a dual enrollment program as defined in section
3313.6013 of the Revised Code, may be offered to students who are
enrolled in nonpublic schools or are instructed at home pursuant
to section 3321.04 of the Revised Code, or may be offered at times
outside the normal school day or school week, including any
necessary additional fees and methods of payment for a course so
offered.
Sec. 3353.28. The eTech Ohio commission shall adopt rules in
accordance with Chapter 119. of the Revised Code prescribing
procedures for the implementation of sections 3353.20 to 3353.27
of the Revised Code.
Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the
Revised Code, or in rules implementing those sections, shall
prohibit a school district from offering an interactive distance
learning course or other distance learning course using a
computer-based method through any means other than the
clearinghouse established and maintained under those sections.
Sec. 3353.30. Not later than six months after the effective
date of this section, the state board of education shall adopt a
resolution recommending to the eTech Ohio commission the types of
information about a distance learning course that the commission
might require school districts to submit with their applications
to include the course in the clearinghouse.
Sec. 3354.10. (A) All funds under the control of a board
of
trustees of a community college district, regardless of the
source
thereof, may be deposited by such board to its credit in
banks or
trust companies designated by it. Such banks or trust
companies
shall furnish security for every such deposit to the
extent and in
the manner provided in section 135.18 of the
Revised Code, but no
such deposit shall otherwise be subject to
sections 135.01 to
135.21 of the Revised Code. Thereupon, such
funds may be disbursed
by the board of trustees for the uses and
purposes of such
district. No contract of the board involving
the expenditure of
money shall become effective until there is
placed thereon by the
treasurer as fiscal officer of the district
the certificate
provided for by section 5705.41 of the Revised
Code.
(B) The board of trustees of a community college district
may
provide for the investment of district funds. Investments may be
made in securities of the United States government or of its
agencies or instrumentalities, the treasurer of state's pooled
investment program, obligations of this state or any political
subdivision of this state, certificates of deposit of any national
bank located in this state, written repurchase agreements with any
eligible Ohio financial institution that is a member of the
federal reserve system or federal home loan bank, money market
funds, or bankers acceptances maturing in two hundred seventy days
or less which are eligible for purchase by the federal reserve
system, as a reserve. Notwithstanding the foregoing or any
provision of the Revised Code to the contrary, the board of
trustees of a community college district may provide for the
investment of district funds in any manner authorized under
section 3345.05 of the Revised Code.
(C) Any community college district is subject to audit by
the
auditor of state, who shall furnish to the county or counties
which created the district a copy of the audit report.
Sec. 3357.01. As used in sections 3357.01 to 3357.19,
inclusive, of the Revised Code this chapter:
(A) "Technical college" means an institution of education
beyond the high school, including an institution of higher
education, organized for the principal purpose of providing for
the residents of the technical college district, wherein such
college is situated, any one or more of the instructional
programs
defined in this section as "technical-college technical
college,"
or "adult-education technical programs," normally not
exceeding
two years duration and not leading to a baccalaureate
degree.
(B) "Technical college district" means a political
subdivision of the state and a body corporate with all the powers
of a corporation, comprised of the territory of a city school
district or a county, or two or more contiguous school districts
or counties, which meets the standards prescribed by the Ohio
board of regents pursuant to section 3357.02 of the Revised Code,
and which is organized for the purpose of establishing, owning,
and operating one or more technical colleges within the territory
of such district.
(C) "Contiguous school districts or counties" means school
districts or counties so located that each such school district
or
county shares at least one boundary or a portion thereof in
common
with at least one other such school district or county in
the
group of school districts or counties referred to as being
"contiguous."
(D) "Technical college program" means a post high school
curricular program provided within a technical college, planned
and intended to qualify students, after satisfactory completion
of
such a program normally two years in duration, to pursue
careers
in which they provide immediate technical assistance to
professional or managerial persons generally required to hold
baccalaureate or higher academic degrees in technical or
professional fields. The technical and professional fields
referred to in this section include, but are not limited to,
engineering and physical, medical, or other sciences.
(E) "Adult-education technical program" means the
dissemination of post high school technical education service and
knowledge, for the occupational, or general educational benefit
of
adult persons.
(F) "Charter amendment" means a change in the official
plan
of a technical college for the purpose of acquiring
additional
lands or structures, disposing of or transferring
lands or
structures, erecting structures, creating or abolishing
technical
college or adult education technical curricular
programs.
(G) "Baccalaureate-oriented associate degree program" means a
curricular program of not more than two years' duration that is
planned and intended to enable students to gain academic credit
for courses comparable to first- and second-year courses offered
by accredited colleges and universities. The purpose of
baccalaureate-oriented associate degree coursework in technical
colleges is to enable students to transfer to colleges and
universities and earn baccalaureate degrees or to enable students
to terminate academic study after two years with a proportionate
recognition of academic achievement through receipt of an
associate degree.
Sec. 3357.10. (A) The board of trustees of a technical
college
district shall elect a treasurer, who is not a member of
the
board, to serve at its pleasure. The treasurer may be the
person
serving as secretary under section 3357.06 of the Revised
Code.
The treasurer shall be the fiscal officer of the district
and
shall receive and disburse all funds of the district under the
direction of the board. No contract of the board involving the
expenditure of money shall become effective until the treasurer
certifies that there are funds of the board otherwise
unappropriated sufficient to provide therefor.
When the treasurer of the district ceases to hold such
office, the treasurer or the treasurer's
legal representatives
shall deliver to the
board or to the treasurer's successor all
moneys, books,
papers, and other
property of the district in the
treasurer's possession as
treasurer. In case
of the death or
incapacity of the treasurer, the treasurer's
legal
representatives
shall, in like manner, deliver all moneys, books,
papers, and
other property of the district to the board or to the
person named
as the treasurer's successor.
(B) All funds under the control of a board of trustees of a
technical college district, regardless of the
source of the funds,
may be deposited by the board to its credit in banks or
trust
companies designated by it. The banks or trust companies shall
furnish
security for every deposit to the extent and in the manner
provided in section 135.18 of the Revised Code, but no deposit
shall otherwise
be subject
to sections 135.01 to 135.21 of the
Revised Code. Funds deposited in
a bank or trust company may be
disbursed by the board of trustees for the uses
and purposes of
the district.
(C) The board may provide for the investment of district
funds. Investments may be made in securities of the United States
government or of its agencies or instrumentalities, the treasurer
of state's pooled investment program, obligations of this state or
any political subdivision of this state, certificates of deposit
of any national bank located in this state, written repurchase
agreements with any eligible Ohio financial institution that is a
member of the federal reserve system or federal home loan bank,
money market funds, or bankers acceptances maturing in two hundred
seventy days or less which are eligible for purchase by the
federal reserve system, as a reserve. Notwithstanding the
foregoing or any provision of the Revised Code to the contrary,
the board of trustees of a technical college district may provide
for the investment of district funds in any manner authorized
under section 3345.05 of the Revised Code.
Sec. 3357.13. As used in this section, "state institution of
higher education" has the same meaning as in section 3345.011 of
the Revised Code.
A technical college regardless of its co-location with
another state institution of higher education may offer any
baccalaureate-oriented associate degree program, provided however
that any new or expanded programs at co-located campuses must be
approved by the chancellor of the Ohio board of regents. In
reviewing such programs, the chancellor shall determine whether
the proposed program would promote cooperation and collaboration
between co-located institutions while minimizing duplication.
Sec. 3358.06. (A) The treasurer of each state community
college district shall be its fiscal officer, and the
treasurer
shall
receive and disburse all funds under the direction of the
college
president. No contract of the college's board of trustees
involving the expenditure of money shall become effective until
the treasurer certifies that there are funds of the board
otherwise uncommitted and sufficient to provide therefor.
When the treasurer ceases to hold the office, the treasurer
or the treasurer's
legal representative shall deliver to the
treasurer's
successor or the
president all moneys, books, papers,
and other property of the
college.
Before entering upon the discharge of official duties, the
treasurer shall give bond to the state for the faithful
performance of official duties and the proper accounting for
all
moneys coming into the treasurer's care. The amount of the
bond
shall be
determined by the board but shall not be for a sum less
than the
estimated amount that may come into the treasurer's
control
at any time. The
bond shall be approved by the attorney
general.
(B) The board of trustees may provide for the investment of
district funds. Investments may be made in securities of the
United States government or of its agencies or instrumentalities,
the treasurer of state's pooled investment program, obligations of
this state or any political subdivision of this state,
certificates of deposit of any national bank located in this
state, written repurchase agreements with any eligible Ohio
financial institution that is a member of the federal reserve
system or federal home loan bank, money market funds, or bankers
acceptances maturing in two hundred seventy days or less which are
eligible for purchase by the federal reserve system, as a reserve.
Notwithstanding the foregoing or any provision of the Revised Code
to the contrary, the board of trustees of a state community
college district may provide for the investment of district funds
in any manner authorized under section 3345.05 of the Revised
Code.
Sec. 3365.01. As used in this chapter:
(A) "College" means any state-assisted college or
university
described in section 3333.041 of the Revised Code, any
nonprofit
institution holding a certificate of authorization
pursuant to
Chapter 1713. of the Revised Code,
any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the
Revised Code, and any
institution holding a certificate of
registration from the state
board of
career colleges and
schools and program
authorization
for
an associate or
bachelor's
degree program
issued under section
3332.05 of the
Revised Code.
(B) "School district," except as specified in division (G)
of
this section, means any school district to which a
student is
admitted under section 3313.64, 3313.65, 3313.98, or
3317.08 of
the Revised Code and does not include a joint
vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college
under
the post-secondary enrollment options program established
by
this
chapter.
(E) "Secondary grade" means the ninth through twelfth
grades.
(F) "School foundation payments" means the amount required
to
be paid to a school district for a fiscal year under Chapter
3317.
of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the greater of the following:
(1) The fiscal year 2005 formula amount defined in
section
3317.02 of
the Revised Code multiplied by the district's fiscal
year 2005 cost-of-doing-business factor defined in that section;
(2)
The sum of (the current formula amount times the current
cost-of-doing-business factor defined in section 3317.02 of the
Revised Code) plus the per pupil amount of the base funding
supplements specified in divisions (C)(1) to (4) of section
3317.012 of the Revised Code.
The participant's "school
district"
in the case of a
participant enrolled in a community school shall
be
the school
district in which the student is entitled to attend
school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for
which
minimum standards are prescribed by the state
board of education
pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first
day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to
Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "Community school payments" means payments made by the
department of education to a community school pursuant to division
(D) of section 3314.08 STEM school" means a science, technology,
engineering, and
mathematics school established under Chapter
3326. of the Revised Code.
Sec. 3365.02. There is hereby established the
post-secondary
enrollment options program under which a secondary
grade student
who is a resident of this state may enroll at a
college, on a
full- or part-time
basis, and complete nonsectarian
courses for
high school and
college credit.
Secondary grade students in a nonpublic school may
participate in the post-secondary enrollment options program if
the chief administrator of such school notifies the department of
education by the first day of April prior to the school year in
which the school's students will participate.
The state board of education, after consulting with the
board
of regents, shall adopt rules governing the program. The
rules
shall include:
(A) Requirements for school districts, community
schools, or
participating
nonpublic schools to provide information about the
program prior
to the first day of March of each year to all
students enrolled
in grades eight through eleven;
(B) A requirement that a student or the student's parent
inform the
district board of education, the governing authority of
a community
school, the STEM school chief administrative officer,
or the
nonpublic school administrator
by the thirtieth day of
March of
the student's intent to
participate in the program
during the
following school year. The
rule shall provide that any
student who
fails to notify a
district board, the governing
authority of a
community
school, or the nonpublic school
administrator provide
the notification by the
required date may
not participate in the
program during the
following school year
without the written
consent of the district
superintendent, the
governing authority of
a community
school, the STEM school chief
administrative officer, or the
nonpublic school administrator.
(C) Requirements that school districts and, community
schools, and STEM schools provide
counseling
services to students
in grades eight through eleven and
to
their
parents before the
students participate in the program under this
chapter to ensure
that students and parents are fully aware of
the possible risks
and consequences of participation. Counseling
information shall
include without limitation:
(2) The process for granting academic credits;
(3) Financial arrangements for tuition, books, materials,
and
fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) The consequences of failing or not completing a course
in
which the student enrolls and the effect of the grade attained
in
the course being included in the student's grade point
average, if
applicable;
(8) The effect of program participation on the student's
ability to complete the district's, community school's,
or
nonpublic school's
graduation requirements;
(9) The academic and social responsibilities of students
and
parents under the program;
(10) Information about and encouragement to use the
counseling services of the college in which the student intends
to
enroll.
(D) A requirement that the student and the student's parent
sign a
form, provided by the school district or school, stating
that they have
received the counseling required by division (C) of
this section
and that they understand the responsibilities they
must assume in
the program;
(E) The options required by section 3365.04 of the Revised
Code;
(F) A requirement that a student may not enroll in any
specific college course through the program if the student has
taken high
school courses in the same subject area as that college
course and has failed
to attain a cumulative grade point average
of at least 3.0 on a 4.0 scale, or
the equivalent, in such
completed high school courses.
Sec. 3365.03. (A) Notwithstanding any other provision of
law, a
student enrolled
in a school district, a community school,
a STEM school, or a
participating nonpublic school may apply to a
college to enroll in it during the student's ninth,
tenth,
eleventh, or twelfth grade school year under
this chapter. For
purposes of this division, during the period of an
expulsion
imposed under division (B) of section 3313.66 of the Revised Code
or extended under division (F) of that section, a student is
ineligible to apply to enroll in a college under this section,
unless the
student is admitted to
another school district or
community school, or a participating
nonpublic school. If a
student is enrolled in a college under this section at the time
the student is expelled under division (B) of section 3313.66 of
the Revised Code, the student's status for the remainder of the
college term in which the expulsion is imposed shall be determined
under
section 3365.041 of the Revised Code.
(B) If a college accepts a student who applies
under this
section, it shall send written notice
to the student, the
student's school district, community
school, STEM school, or
nonpublic
school, and the
superintendent of public instruction
within ten days after acceptance. Within
ten days after each
enrollment for a term, the college shall also send the
student,
the student's school district, community school, STEM school,
or
nonpublic school,
and the superintendent of
public instruction a
written notice indicating the courses and hours of
enrollment of
the student and the option elected by the student under division
(A) or (B) of section 3365.04 of the Revised Code for each course.
Sec. 3365.04. The rules adopted under section 3365.02 of
the
Revised Code shall provide for students to enroll in courses
under
either of the following options:
(A) The student may elect at the time of enrollment to
be
responsible for payment of all tuition and the cost of all
textbooks, materials, and fees associated with the course. The
college shall
notify the student about payment of tuition and fees
in the
customary manner followed by the college.
A student
electing this option also shall elect, at the time of enrollment,
whether to receive only college credit or high school credit and
college credit for the course.
(1) The student may elect to receive only college credit for
the course. Except as provided in section 3365.041 of the Revised
Code, if the student successfully completes the course, the
college shall
award the student full credit for the course, but
the board
of education, community school governing authority, STEM
school,
or nonpublic participating school shall not award the high
school
credit.
(2) The student may elect to receive both high school credit
and college credit for the course. Except as provided in section
3365.041 of the Revised Code, if the student successfully
completes the course, the college shall award the student full
credit for the course and the board of education, community school
governing authority, STEM school, or nonpublic school shall award
the student high school credit.
(B) The student may elect at the time of enrollment for
each
course to have the college reimbursed under section 3365.07 of the
Revised Code. Except as provided in section 3365.041 of the
Revised Code, if the student successfully completes the
course,
the
college shall award the student full credit for the course,
the board
of education, community school governing authority, STEM
school, or nonpublic school shall award the student
high school
credit, and the college
shall be
reimbursed in accordance with
section 3365.07 of the Revised
Code.
When determining a school district's formula ADM
under
section
3317.03 of the Revised Code, the time a participant is
attending
courses under division (A) of this section shall be
considered as
time the participant is not attending or enrolled in
school
anywhere, and the time a participant is attending courses
under
division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.041. (A) When a school district superintendent or,
the governing
authority of a community school, or the
chief
administrative officer of a STEM school expels
a student under
division (B)
of section 3313.66 of the
Revised
Code, the district
superintendent, governing authority, or board chief administrative
officer shall
send a written notice
of the
expulsion to any
college in which the
expelled student is
enrolled under section
3365.03 of the Revised
Code at the
time the
expulsion is imposed.
The notice shall
indicate the date the
expulsion is scheduled to
expire. The notice
also shall indicate
whether the district board
of education or,
community school governing
authority, or the
STEM school has
adopted a policy under
section 3313.613 of the
Revised Code to
deny high school
credit
for post-secondary
courses taken during an
expulsion. If the expulsion is
extended
under division (F) of
section 3313.66 of the
Revised Code, the
district
superintendent
or, community school governing authority,
or STEM school
chief administrative officer shall notify the
college of the
extension.
(B) A college may withdraw its acceptance under
section
3365.03 of the Revised Code of a student who is
expelled from
school under division (B) of section 3313.66 of the Revised
Code.
As provided in section 3365.03 of the Revised
Code, regardless of
whether the college withdraws its acceptance of the student for
the college
term in which the student is expelled, the student is
ineligible to enroll in a college under that section for
subsequent college terms during the period of the expulsion,
unless the student enrolls in another school district or community
school, or a
participating nonpublic school during that period.
If a college withdraws its acceptance of an expelled student
who
elected either option of division (A)(1) or (2) of section
3365.04 of the
Revised Code, the college shall
refund tuition and
fees paid by the student in the same proportion that it
refunds
tuition and fees to students
who voluntarily withdraw from the
college at the same time in the term.
If a college withdraws its acceptance of an expelled student
who
elected the option of division (B) of section 3365.04 of the
Revised Code, the school district or, community school, or STEM
school
shall not award high school credit for the college courses
in which the
student was enrolled at the
time the college withdrew
its acceptance, and any reimbursement
under section 3365.07 of the
Revised Code for the student's
attendance prior to the withdrawal
shall be the same as would be paid for a student who voluntarily
withdrew from
the college at the same time in the term. If the
withdrawal results in the
college's receiving no reimbursement,
the
college may require the student to return or pay for the
textbooks and
materials it provided the student free of charge
under section
3365.08 of the Revised Code.
(C) When a student who elected the option of division
(B) of
section 3365.04 of the Revised Code is expelled under
division (B)
of section 3313.66 of the Revised Code from a school
district or,
community school, or STEM school that
has adopted a policy under
section 3313.613 of the Revised
Code,
that election is
automatically revoked for all college courses in which the
student
is enrolled during the college term in which the
expulsion is
imposed. Any reimbursement under section 3365.07 of
the Revised
Code for the student's attendance prior to the
expulsion shall be
the same as would
be paid for a student who voluntarily withdrew
from the college at the same
time in the term. If the revocation
results in the college's receiving no
reimbursement, the college
may require the
student to return or pay for the textbooks and
materials it provided the
student free of charge under section
3365.08 of the Revised
Code.
No later than five days after receiving an expulsion notice
from
the superintendent of a district or, the governing authority
of a community
school, or the chief administrative officer of a
STEM school that
has adopted a policy under section
3313.613 of
the Revised Code,
the college shall send a
written
notice to the
expelled student
that the student's election of division
(B) of
section 3365.04 of
the Revised Code is
revoked. If
the college
elects not to withdraw
its acceptance of the student, the student
shall pay all
applicable tuition and fees for the college courses
and shall
pay
for the
textbooks and materials that the college
provided under
section
3365.08 of the Revised Code.
Sec. 3365.05. High school credit awarded for courses
successfully completed under this chapter shall count toward the
graduation requirements and subject area requirements of the
school district, community school, STEM school, or nonpublic
school.
If a course comparable to
one a student completed at a
college is offered by the district,
community school,
or nonpublic
school, the board or school shall award comparable
credit for the
course completed at the college. If no comparable
course is
offered by the district, community school, or
nonpublic school,
the board
or school shall grant an appropriate number of credits
in a
similar subject area to the student.
If there is a dispute between a school district board or, a
community school
governing authority, or a STEM school and a
student regarding high school credits granted for a course, the
student may appeal the board's or governing authority's decision
to the
state board of
education. The state board's decision
regarding any high school
credits granted under this section is
final.
Evidence of successful completion of each course and the
high
school credits awarded by the district, community
school, or
participating
nonpublic school shall be included in the student's
record. The
record shall indicate that the credits were earned as
a
participant under this chapter and shall include the name of the
college at which the credits were earned. The district board,
community school governing authority, or
nonpublic school shall
determine whether and the manner in which
the grade achieved in a
course completed at a college under
division (A)(2) or (B) of
section 3365.04 of the Revised Code will be
counted in any
cumulative grade point average maintained for the
student.
Sec. 3365.07. (A) The rules adopted under section 3365.02
of
the Revised Code shall specify a method for each of the
following:
(1) Determining, with respect to any participant, the
percentage of a full-time educational program constituted by the
participant's total educational program. That percentage shall
be
the participant's full-time equivalency percentage for
purposes of
the computation required by division (B)(1) of this
section.
(2) In the case of a participant who is not enrolled in a
participating nonpublic school, determining the percentage of a
participant's school day during which the participant is
participating in each
of the following:
(a) Programs provided by the city, local, or exempted
village
school district, or a community school, or a STEM school;
(b) Programs provided by a joint vocational school
district;
(c) Programs provided by a college under division (B) of
section 3365.04 of the Revised Code.
The sum of divisions (A)(2)(a) to (c) of this section shall equal
one hundred per cent.
(3) In the case of a participant who is not enrolled in a
participating nonpublic school, determining the percentage of a
participant's enrollment that shall be deemed to be enrollment in
a joint vocational school district and the percentage that shall
be deemed to be enrollment in a city, local, or exempted village
school district. The sum of such percentages shall equal one
hundred per cent.
(4) In the case of a participant who is enrolled in a
participating nonpublic school, determining the percentage of a
participant's school day during which the participant is
participating in
programs provided by a college under division (B)
of section
3365.04 of the Revised Code.
(B) Each July, the department of education shall pay each
college for any participant enrolled in the college in the prior
school year under division (B) of section 3365.04 of the Revised
Code an amount computed as follows:
(1) Multiply the tuition base by the participant's
full-time
equivalency percentage and multiply the resulting
amount by a
percentage equal to the percentage of the
participant's school day
apportioned to the college under
division (A)(2)(c) or (4) of this
section, as applicable.
(2) Pay the college the lesser of:
(a) The amount computed under division (B)(1) of this
section;
(b) The actual costs that would have been the
responsibility
of the participant had the participant elected
to enroll under
division (A) of section 3365.04 of the Revised Code, as verified
by the department, of tuition, textbooks, materials, and fees
directly related to any courses elected by the participant during
the prior school year under division (B) of section 3365.04 of
the
Revised Code.
(C) The department shall not reimburse any college for any
course taken by a participant under division (A) of section
3365.04 of the Revised Code.
(D) If the participant was not enrolled in a participating
nonpublic school, the amount paid under division (B) of this
section for each participant shall be subtracted from the school
foundation payments made to the participant's school district or,
if the
participant was enrolled in a community school or a STEM
school, from the community school
payments made to the
participant's school under section 3314.08 or 3326.33 of the
Revised Code.
If the participant was enrolled in a joint
vocational school
district, a portion of the amount shall be
subtracted from the
payments to the joint vocational school
district and a portion
shall be subtracted from the payments to
the participant's city,
local, or exempted village school
district. The amount of the
payment subtracted from the city,
local, or exempted village
school district shall be computed as
follows:
(a) The percentage of the participant's enrollment in the
school district, determined under division (A)(3) of this
section;
and
(b) Twenty-five per cent times the percentage of the
participant's enrollment in the joint vocational school district,
determined under division (A)(3) of this section.
(2) Multiply the sum obtained under division (D)(1) of
this
section by the amount computed under division (B)(2) of this
section.
The balance of the payment shall be subtracted from the joint
vocational district's school foundation payments.
(E) If the participant was enrolled in a participating
nonpublic school, the amount paid under division (B) of this
section shall be subtracted from moneys set aside by the general
assembly for such purpose from funds appropriated for the
purposes
of section 3317.06 of the Revised Code.
Sec. 3365.09. Section 3365.07 and divisions (A) and (C) of
section 3365.08 of
the Revised Code do not apply to any college
course in which a student is
enrolled if during the term such
student is enrolled in the college course
the student is also a
full-time student in the student's
district, community school,
STEM school, or nonpublic school. The rules
adopted under section
3365.02 of the Revised Code shall
prescribe a method for
determining whether a student is enrolled full-time in the
student's district, community school, STEM school, or
nonpublic
school.
Sec. 3365.11. (A) If the superintendent of the school
district or the chief administrator of the community school or
STEM school in which a participant is enrolled determines that the
participant has not attained a passing final grade in a college
course in which the participant enrolled under this chapter, the
superintendent or chief administrator shall seek reimbursement
from the participant or the participant's parent for the amount of
state funds paid to the college on behalf of the participant for
that college course. The board of education of the school district
or, the governing authority of the community school, or the STEM
school in accordance with division (C) of section 3313.642
of
the Revised Code, may withhold grades and credits received by
the
participant for district or community school courses taken by
the
participant until the participant or the participant's parent
provides reimbursement.
(B) If the chief administrator of the nonpublic school in
which a participant is enrolled determines that the participant
has not attained a passing final grade in a college course in
which the participant enrolled under this chapter, the chief
administrator shall seek reimbursement from the participant or the
participant's parent for the amount of state funds paid to the
college on behalf of the participant for enrollment in that
college course. Upon the collection of any funds from a
participant or participant's parent under this division, the chief
administrator of a nonpublic school shall send an amount equal to
the funds collected to the superintendent of public instruction.
The superintendent of public instruction shall credit that amount
to the general revenue fund.
Sec. 3381.04. (A) In lieu of the procedure set forth in
section 3381.03 of the Revised Code, any county
with a population
of five hundred thousand or more, at any
time before the creation
of a regional arts and cultural
district under that section, may
create
a regional arts and cultural district by adoption of a
resolution
by the board of county commissioners of that county.
The resolution shall state all of the following:
(1) The purposes for the creation of the district;
(2)
That the territory of the district shall be coextensive
with the
territory of the county;
(3) The official name by which the district shall be
known;
(4) The location of the principal office of the district
or
the manner in which the location shall be selected.
(B) The district provided for in the resolution
shall be
created upon the adoption of the resolution by the board of county
commissioners of that county.
Upon the adoption of the resolution,
the county
and the municipal corporations and townships contained
in the county
shall not thereafter be a part of any other regional
arts and
cultural district.
(C) The board of trustees of any regional arts and cultural
district formed in accordance with this section shall be
comprised
of three five members appointed by the board of
county
commissioners.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held
for the purpose of nominating persons as candidates of
political
parties for election to offices, and for the purpose of
electing
persons as members of the controlling committees of
political
parties and as delegates and alternates to the
conventions of
political parties. Primary elections shall be
held
on the first
Tuesday after the first Monday in May of each
year
except in years
in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the
most recent regular state election.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is
required, pursuant to section 3505.04 of the Revised Code, to
be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified
in accordance with the Revised Code for placement on an
official
ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division
of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager,
or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges and clerks;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of
elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or
this state.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories to
members
of
the boards as to the proper methods
of conducting
elections. In addition to any other publication of those
directives and advisories, the secretary of state shall publish
those directives and advisories on a web site of the office of the
secretary of state as soon as is practicable after they are
issued, but not later than the close of business on the same day
as a directive or advisory is issued. The secretary of state shall
not remove from the web site any directives and advisories so
posted. The secretary of state shall provide on that web site
access to all directives and advisories currently in effect and to
maintain an archive of all directives and advisories previously
published on that web site.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the
ballot for any proposed law or amendment to the constitution
to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and
names of candidates for state offices, and the form and
wording
of
state referendum questions and issues, as they shall
appear on
the
ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any
local
question or
issue approved and transmitted
by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply
with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised
Code,
whenever the secretary of state has or should have
knowledge of a
failure to comply with or a violation of a
provision in one of
those sections,
by filing a complaint with the
Ohio elections
commission under section
3517.153 of the Revised
Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative
to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
to require each board for the removal by boards of elections to
remove of ineligible voters
from the statewide voter registration
database and, if already prepared for a particular election
applicable, from the poll list or signature pollbook used in each
precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence,
which shall be uniform,
nondiscriminatory, and in
compliance with
the Voting Rights Act of 1965 and
the National
Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States
postal system
through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of an
ineligible a voter who is ineligible to vote from the statewide
voter registration database and, if already prepared for a
particular election applicable, from the poll list or signature
pollbook used in each precinct and noting the reason for that mark
or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and
residence changes, at by boards of elections, designated
agencies,
the offices of deputy
registrars of motor
vehicles, public high
schools and vocational
schools, public
libraries, and the offices
of county treasurers,
and prescribe consistent with the
requirements of section 3503.09 of the Revised Code;
(S) Prescribe
a program of distribution of voter
registration
forms through
those boards of elections, designated
agencies, the offices of the
registrar
and
deputy registrars of
motor
vehicles, public high schools and
vocational schools, public
libraries, and the offices of county
treasurers;
(S)(T) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(T)(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters at through boards of elections, designated
agencies, and
the offices of the registrar and
deputy registrars of motor
vehicles consistent with this chapter;
(U)(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(V)(W) Establish and maintain a computerized statewide
database
of all legally registered voters under section 3503.15
of the
Revised Code that complies with the requirements of the
"Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666,
and provide training in the operation of that system;
(W)(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(X)(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Y)(Z) Conduct voter education outlining voter
identification,
absent voters ballot, provisional ballot, and
other voting
requirements;
(Z)(AA) Establish a procedure by which a registered elector
may
update the elector's make available to a board of elections a
more
recent signature to be used in the poll list or signature
pollbook
produced by the board of elections of the county in
which the
elector resides;
(AA)(BB) Disseminate information, which may include all or
part
of the official explanations and arguments, by means of
direct
mail or other written publication, broadcast, or other
means or
combination of means, as directed by the Ohio ballot
board under
division (F) of section 3505.062 of the Revised Code,
in order to
inform the voters as fully as possible concerning
each proposed
constitutional amendment, proposed law, or
referendum;
(CC) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the
chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of
books,
papers, records, and other evidence, and fix
the time and
place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration,
the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of
the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be
made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an
adjoining county
named in the application or,
if there
are cases
pending in
more than one jurisdiction that
involve the
same or
similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the
Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 and divisions (F) and
(G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other
required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with
voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each
board of a county that uses voting machines, marking devices, or
automatic tabulating equipment shall conduct a full vote of the
board during a public session of the board on the allocation and
distribution of voting machines, marking devices, and automatic
tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney or the secretary of
state;
(K) Review, examine, and certify the sufficiency and
validity
of petitions and nomination papers, and, after
certification,
return to the
secretary of state all petitions and
nomination
papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules,
directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of
electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of
all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(W) Prepare and cause the following notice to be displayed
in
a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the
board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the
secretary of
state,
who shall summarily decide the question, and
the secretary of
state's
decision shall be final.
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board,
consider
the board or other
designated site a polling
place for
that day. All
requirements or prohibitions of law
that apply to a
polling place shall apply
to the office of the
board or other
designated site on that day.
Sec. 3501.17. (A) The expenses of the board of elections
shall
be paid from the county treasury, in pursuance of
appropriations
by the board of county commissioners, in the same
manner as other
county expenses are paid. If the board of county
commissioners
fails to appropriate an amount sufficient to provide
for the
necessary and proper expenses of the board of elections
pertaining to the conduct of elections,
the board of elections
may apply to the court of common pleas within the county,
which
shall fix the amount necessary to be appropriated and
the amount
shall be appropriated. Payments shall be made upon
vouchers of the
board of elections certified to by its
chairperson or acting
chairperson and the
director or deputy director, upon warrants of
the county auditor.
The board
of elections shall not
incur any obligation
involving the expenditure of money unless
there are moneys
sufficient in the funds appropriated therefor to
meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among
the county and the various subdivisions as
provided in this
section, and the amount chargeable to each
subdivision shall be
withheld by the auditor from the moneys
payable thereto at the
time of the next tax settlement. At the
time of submitting
budget estimates in each year, the board of
elections shall
submit to the taxing authority of each
subdivision, upon the
request of the subdivision, an estimate of
the amount to be
withheld from the subdivision during the next
fiscal year.
(B) Except as otherwise provided in division
(F) of this
section, the entire compensation of the members of
the board of
elections and of the director, deputy director, and other
regular
employees in the board's offices, other than compensation for
overtime worked; the expenditures for the
rental, furnishing, and
equipping of the office of the board and
for the necessary office
supplies for the use of the board; the
expenditures for the
acquisition, repair, care, and custody of
the polling places,
booths, guardrails, and other equipment for
polling places; the
cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and
all other permanent records and equipment; the
cost of all
elections held in and for the state and county; and
all other
expenses of the board which are not chargeable to a
political
subdivision in accordance with this section shall be
paid in the
same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections and
intermittent employees in the board's offices; the
cost of
renting, moving, heating, and lighting polling places and
of
placing and removing ballot boxes and other fixtures and
equipment
thereof, including voting machines, marking devices, and automatic
tabulating equipment; the cost of printing and delivering ballots,
cards of instructions, registration lists required under section
3503.23 of the Revised Code, and other election supplies,
including the supplies required to comply with division (H) of
section 3506.01 of the Revised Code; the cost of contractors
engaged by the board to prepare, program, test, and operate voting
machines, marking devices, and automatic tabulating equipment; and
all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for
which such primaries or elections are held. The charge for
each
primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election,
in order to fix the cost per precinct; third, the cost
per
precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a
primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election
is held on the same day as a primary or general election
in an
odd-numbered year, the subdivision submitting the special
election
shall be charged for the cost of ballots and advertising
for such
special election, in addition to the charges prorated to
such
subdivision for the election or nomination of candidates in
each
precinct within the subdivision, as set forth in the
preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on
the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based
upon a ratio determined by the number of issues placed on
the
ballot by each, except as otherwise provided in division
(G) of
this section. Such proportional division of cost shall be
made
only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special
election solely for the purpose of submitting to the
voters a statewide ballot
issue, the state shall bear the entire
cost of the election in that precinct
and shall reimburse the
county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution,
and any other section of law and. The Ohio ballot board shall
reimburse the
counties secretary of state for all expenses they
incur the secretary of state incurs for such advertising under
division (G) of section 3505.062 of the Revised Code.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the board of county commissioners may, by
resolution, establish an elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the board of county commissioners may, by
resolution, transfer money to the elections revenue fund from any
other fund of the political subdivision from which such payments
lawfully may be made. Following an affirmative vote of a majority
of the members of the board of elections, the board of county
commissioners may, by resolution, rescind an elections revenue
fund established under this division. If an elections revenue fund
is rescinded, money that has accumulated in the fund shall be
transferred to the county general fund.
(J) As used in this section, "statewide:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any
ballot issue, whether
proposed by the general assembly or by initiative or
referendum,
that is submitted to the voters throughout the state.
Sec. 3501.31. The board of elections shall mail to each
precinct election official notice of the date, hours, and place
of
holding each election in the official's respective
precinct at
which it
desires the official to serve. Each of such officials
shall
notify the
board immediately upon receipt of such notice of
any inability to serve.
The election official
designated as
presiding judge under
section 3501.22 of the Revised Code
shall call at the office of
the board at such time before the day
of the election, not earlier
than the tenth day before the
day of the election, as the board
designates to obtain the ballots,
pollbooks, registration forms
and lists, and other material to be
used in the official's polling
place on election day.
The board may also provide for the delivery of such
materials
to polling places in a municipal corporation by members
of the
police department of such municipal corporation; or the
board may
provide for the delivery of such materials to the
presiding judge
not earlier than the tenth day before the
election, in any manner
it finds to be advisable.
On election day the precinct election officials shall
punctually attend the polling place one-half hour before the time
fixed for opening the polls. Each of the precinct election
officials shall thereupon make and subscribe to a statement which
shall be as follows:
County of ...............
I do solemnly swear under the penalty of perjury that I
will
support the constitution of the United States of America and
the
constitution of the state of Ohio and its laws; that I have
not
been convicted of a felony or any violation of the election
laws;
that I will discharge to the best of my ability the duties
of
.................... (judge or clerk) .................... judge
of
election in and for precinct .................... in the
.................... (township) or (ward and city or village)
.................... in the county of ...................., in
the
election to be held on the .......... day of ...............,
....., as required by law and the rules and instructions of the
board of elections of said county; and that I will endeavor to
prevent fraud in such election, and will report immediately to
said board any violations of the election laws which come to my
attention, and will not disclose any information as to how any
elector voted which is gained by me in the discharge of my
official duties.
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(Signatures of precinct election officials)"
If any of the other precinct officials is absent at that
time, the presiding judge, with the concurrence of a majority of
the precinct election officials present, shall appoint a
qualified
elector who is a member of the same political party as
the
political party of which such absent precinct election
official is
a member to fill the vacancy until the board appoints
a person to
fill such vacancy and the person so appointed reports
for duty at
the polling place. The presiding judge shall
promptly notify the
board of such vacancy by telephone or
otherwise. The presiding
judge also shall assign the
precinct election officials
to their
respective duties and shall have general charge of the
polling
place.
Sec. 3503.09. (A)(1) The secretary of state shall adopt
rules for the electronic transmission by boards of elections,
designated agencies, offices of deputy registrars of motor
vehicles, public high schools and vocational schools, public
libraries, and offices of county treasurers, where applicable, of
name and residence changes for voter registration records in the
statewide voter registration database.
(2) The secretary of state shall adopt rules for the purpose
of improving the speed of processing new voter registrations that
permit information from a voter registration application received
by a designated agency or an office of deputy registrar of motor
vehicles to be made available electronically, in addition to
requiring the original voter registration application to be
transmitted to the applicable board of elections under division
(E)(2) of section 3503.10 or section 3503.11 of the Revised Code.
(B) Rules adopted under division (A) of this section shall do
all of the following:
(1) Prohibit any direct electronic connection between a
designated agency, office of deputy registrar of motor vehicles,
public high school or vocational school, public library, or office
of a county treasurer and the statewide voter registration
database;
(2) Require any updated voter registration information to be
verified by the secretary of state or a board of elections before
the information is added to the statewide voter registration
database for the purpose of modifying an existing voter
registration;
(3) Require each designated agency or office of deputy
registrar of motor vehicles that transmits voter registration
information electronically to transmit an identifier for data
relating to each new voter registration that shall be used by the
secretary of state or a board of elections to match the electronic
data to the original voter registration application.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written
initiative petition received from the attorney general under
section 3519.01 of the Revised Code to determine whether it
contains only one proposed law or constitutional amendment so as
to enable the voters to vote on a proposal separately. If the
board so determines, it shall certify its approval to the attorney
general, who then shall file with the secretary of state in
accordance with division (A) of section 3519.01 of the Revised
Code a verified copy of the proposed law or constitutional
amendment together with its summary and the attorney general's
certification of it.
If the board determines that the initiative petition contains
more than one proposed law or constitutional amendment, the board
shall divide the initiative petition into individual petitions
containing only one proposed law or constitutional amendment so as
to enable the voters to vote on each proposal separately and
certify its approval to the attorney general. If the board so
divides an initiative petition and so certifies its approval to
the attorney general, the petitioners shall resubmit to the
attorney general appropriate summaries for each of the individual
petitions arising from the board's division of the initiative
petition, and the attorney general then shall review the
resubmissions as provided in division (A) of section 3519.01 of
the Revised Code.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon;
(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
seventy-five days
before the
election at which the
proposed question or issue is to
be
submitted
to the voters;
(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments, proposed laws, and referenda to the voters;
(G) Direct the
chairperson to reimburse county
boards
of
elections
for public notice costs associated with
statewide ballot
issues, to the extent
that the general assembly
appropriates money
for
that purpose secretary of state to contract for the
publication in a newspaper of general circulation in each county
in the state of the ballot language, explanations, and arguments
regarding each of the following:
(1) A constitutional amendment or law proposed by initiative
petition under Section 1g of Article II of the Ohio Constitution;
(2) A law, section, or item of law submitted to the electors
by referendum petition under Section 1g of Article II of the Ohio
Constitution;
(3) A constitutional amendment submitted to the electors by
the general assembly under Section 1 of Article XVI of the Ohio
Constitution.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members
voted in opposition to the resolution,
or if the general
assembly
chooses not to designate a group of members to prepare
arguments
for the proposed amendment or chooses not to designate a
group of
members to prepare arguments against the proposed
amendment, the
Ohio ballot
board
shall prepare
or
designate a group of
persons to
prepare
the
relevant arguments. All
arguments
prepared under this
division
shall be filed with the
secretary of state not later
than
eighty days before the date
of the election. No
argument
shall
exceed three hundred words.
(B)(1) If the group of members of the general assembly or
other group of persons designated under division (A) of this
section fail to prepare and file their arguments in support of or
in opposition to the proposed amendment by the eightieth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments have not been so
prepared and filed. The board then shall prepare the missing
arguments or designate a group of persons to prepare those
arguments. All arguments prepared under this division shall be
filed with the secretary of state not later than seventy-five days
before the date of the election. No argument shall exceed three
hundred words.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments under division (B)(1) of this
section after being notified by the secretary of state that one or
more arguments have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the
manner provided for original appointments.
(C) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or
other means or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3505.23. No voter shall be allowed to occupy a voting
compartment or use a voting machine more than five minutes when
all the voting compartments or machines are in use and voters are
waiting to occupy them. Except as otherwise provided by section
3505.24 of the Revised Code, no voter shall occupy a voting
compartment or machine with another person or speak to anyone,
nor
shall anyone speak to the voter, while the
voter is in a voting
compartment or machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election
officials
and
a second ballot shall be issued to the voter. Before
returning
a torn,
soiled, defaced, or erroneously marked ballot, the voter
shall
fold it so as to conceal any marks the voter made upon it,
but the voter shall
not remove Stub A therefrom. If the voter
tears, soils, defaces,
or erroneously marks such second ballot,
the voter may
return it to the
precinct election officials, and a
third ballot shall be issued to
the voter. In no case shall more
than three ballots be
issued to a
voter. Upon receiving a returned
torn, soiled, defaced, or
erroneously marked ballot the precinct
election officials shall
detach Stub A therefrom, write "Defaced"
on the back of such
ballot, and place the stub and the ballot in
the separate
containers provided therefor.
No elector shall leave the polling place until the elector
returns
to the precinct election officials every ballot issued to
the
elector with Stub A on each ballot attached thereto,
regardless of
whether the elector has or has not placed any marks
upon the
ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face
of the
ballot is visible, and so that the printing thereon indicating
the
kind of ballot it is and the facsimile signatures of the
members
of the board of elections are visible. The voter
shall then
leave
the voting compartment, deliver the voter's ballots,
and state the
voter's name to the judge having charge of the
ballot boxes, who
shall
announce the name, detach Stub A from each ballot, and
announce
the number on the stubs. The clerks judges in charge of
the poll lists
or poll books shall check to ascertain whether the
number so
announced is the number on Stub B of the ballots issued
to such
voter, and if no discrepancy appears to exist, the judge
in
charge of the ballot boxes shall, in the presence of the voter,
deposit each such ballot in the proper ballot box and shall place
Stub A from each ballot in the container provided therefor. The
voter shall then immediately leave the polling place.
No ballot delivered by a voter to the judge in charge of
the
ballot boxes with Stub A detached therefrom, and only ballots
provided in accordance with Title XXXV of the Revised Code, shall
be voted or deposited in the ballot boxes.
In marking a presidential ballot, the voter shall
record the
vote in the
manner provided on the ballot next to the names of
the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of
such
nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot
next
to the name
of each candidate for whom the
voter desires to
vote.
In marking a primary election ballot, the voter shall record
the
vote in the manner provided on the ballot next to the
name of
each
candidate for whom the voter desires to vote. If the voter
desires to
vote for the nomination of a person whose name is not
printed on
the primary election ballot, the voter may do so by
writing such person's
name on the ballot in the proper place
provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the
manner provided
on the ballot at the
left
or at the right of "YES" or "NO" or other words of
similar
import
which are printed on the ballot to enable the voter to
indicate
how the voter votes in connection with each question
or issue upon
which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom he the elector desires to vote, the elector shall write
such
person's
name in such blank space and on no other place on the
ballot.
Unless specific provision is made by statute, no blank
space
shall be provided on a ballot for write-in votes, and any
names
written on a ballot other than in a blank space provided
therefor
shall not be counted or recorded.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of
the elector's illness, physical disability,
or
infirmity, or
the fact that the elector is confined in a jail
or
workhouse
and the elector's resultant inability to
travel to
the
election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board
may
designate
two board
employees belonging to the two major
political parties
for the
purpose of delivering the ballot to the
disabled or
confined
elector and returning it to the board, unless
the
applicant is
confined to a public or private institution
within
the county, in
which case the board shall designate two
board
employees belonging to the two major political parties for
the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the
ballot shall be returned to the office
of the board in the
manner
prescribed in section 3509.05 of the
Revised Code.
Any disabled or confined elector who declares to the two
board
employees belonging to the two major political parties that
the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be
sufficient to incapacitate the
voter from
marking
the elector's
ballot properly, may receive, upon
request,
the
assistance of the
employees in marking
the elector's
ballot, and they shall
thereafter give no
information in regard to this
matter.
Such
assistance shall not
be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or
confined elector, each
of the employees shall be present when the
ballot is delivered,
when assistance is given, and when the
ballot is returned to the
office of the board, and shall
subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division.
This chapter applies to
disabled and
confined absent voter's
ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election because of being may apply to the
director of the board of elections of the county where the elector
is a qualified elector to vote in the election by absent voter's
ballot if either of the following apply:
(a) The elector is confined in a
hospital as a
result of an
accident or unforeseeable medical
emergency
occurring before the
election, may apply
to the director
of the board of elections of
the county where the
elector is a
qualified elector to vote in the
election by absent voter's
ballot. This application;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be
delivered to the director not later than three p.m.
on the day of
the election. The application shall indicate the
hospital where
the applicant or the applicant's child is confined,
the date of the applicant's or the applicant's child's
admission
to the
hospital, and the offices for which the applicant is
qualified
to
vote. The
applicant may
also request that a member of
the applicant's
family, as listed in
section 3509.05 of the
Revised Code, deliver
the absent voter's
ballot to the applicant.
The director, after
establishing to the
director's satisfaction
the validity of
the
circumstances claimed
by the applicant, shall
supply an absent
voter's ballot to be
delivered to the applicant.
When the
applicant or the applicant's child is in a hospital
in
the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two board employees belonging to the two major political
parties according to the
procedures prescribed in
division (A) of
this section. When the
applicant or the applicant's child is in a
hospital
outside the county where the
applicant is a qualified
elector and
no request is made for a member of
the family to
deliver the
ballot, the director shall arrange for the delivery
of
an absent
voter's ballot to the applicant by mail, and the ballot
shall be
returned to the office of the board in the manner
prescribed in
section
3509.05 of the Revised Code.
(2)(3) Any qualified elector who is eligible to vote
under
division (B) or (C) of section 3503.16
of the Revised Code but is
unable to do so because of the circumstances
described in division
(B)(1)(2) of this section may vote in
accordance with division
(B)(1)
of this section if that qualified
elector states in the
application for absent voter's ballots that that
qualified elector
moved or had a change of name under the circumstances
described in
division (B) or (C) of section 3503.16 of the Revised Code and
if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C)
Any qualified elector described in division (A) or
(B)(1)
of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for
absent voter's
ballots under section 3509.03 of the Revised
Code
instead of applying for them under this
section.
Sec. 3513.21. At the close of the polls in a primary
election, the judges and clerks of election shall proceed without
delay to canvass the vote, sign and seal it, and make returns
thereof to the board of elections forthwith on the forms to be
provided by the board. The provisions of Title XXXV of the
Revised
Code relating to the accounting for and return of all
ballots at
general elections apply to primary ballots.
If there is any disagreement as to how a ballot should be
counted it shall be submitted to all of the judges. If three of
the judges do not agree as to how any part of the ballot shall be
counted, that part of such ballot which three of the judges do
agree shall be counted and a notation made upon the ballot
indicating what part has not been counted, and shall be placed in
an envelope provided for that purpose, marked "Disputed Ballots"
and returned to the board. When the board has, by the adoption
of
a resolution, provided that the officials at a party primary
election when only one party primary is to be held for the
nomination of candidates for municipal office, shall be two
judges
and two clerks, the clerks shall be considered judges for
the
purposes of this section.
The board shall, on the day when the vote is canvassed,
open
such sealed envelopes, determine what ballots and for whom
they
should be counted, and proceed to count and tally the votes
on
such ballots.
Sec. 3517.093. (A) As used in this section:
(1) "Family member of the holder of the state contract" means
both of the following:
(a) The spouse of any person identified in division (A)(3) of
this section;
(b) Any child seven years of age through seventeen years of
age of any person identified in division (A)(3) of this section.
(2) "Holder of the public office with ultimate responsibility
for the award of the contract" means all of the following:
(a) The governor and lieutenant governor, if the contract is
awarded by the office of the governor;
(b) The governor, if the governor appoints a public officer
who is responsible for the award of the contract, whether or not
the appointment is subject to the advice and consent of the
senate;
(c) The secretary of state, auditor of state, treasurer of
state, and attorney general, if the contract is awarded by the
respective office;
(d) The president of the senate, if the contract is awarded
by the senate;
(e) The speaker of the house of representatives, if the
contract is awarded by the house of representatives.
(3) "Holder of the state contract" means any of the
following:
(a) An individual who has been awarded a state contract;
(b) Any partner or owner of a partnership or other
unincorporated business that has been awarded a state contract;
(c) Any shareholder of an association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, that has been awarded a state contract;
(d) Any administrator of an estate that has been awarded a
state contract;
(e) Any executor of an estate that has been awarded a state
contract;
(f) Any trustee of a trust that has been awarded a state
contract;
(g) Any owner of more than twenty per cent of a corporation
or business trust, except a professional association organized
under Chapter 1785. of the Revised Code, that has been awarded a
state contract.
(h) In the case of a collective bargaining agreement with a
labor organization representing employees where the holder of the
public office with ultimate responsibility for the award of the
state contract is a state official, the labor organization.
(4) "State contract" means a contract awarded by any agency
or department of this state, the administrator of workers'
compensation, or the employees of the bureau of workers'
compensation the holder of the public office with ultimate
responsibility for the award of the contract for the purchase of
goods costing more than five
hundred dollars or services costing
more than five hundred
dollars.
For the purposes of division (A)(4) of this section, a:
(a) A contract for the purchase of services includes
collective bargaining agreements
with a labor organization
representing employees where the holder
of the public office with
ultimate responsibility for the award of
the agreement is a state
official.
(b) A contract shall be considered to be a contract for the
purchase of goods or a contract for the purchase of services if
the contract constitutes a contract for the purchase of goods or a
contract for the purchase of services under the rules adopted by
the secretary of state under division (L)(1)(c) of section 3517.13
of the Revised Code.
(5) "Electioneering communication" has the same meaning as in
section 3517.1011 of the Revised Code.
(B) Beginning on the date a state contract is awarded and
extending until one year following the conclusion of that
contract, the holder of the public office with ultimate
responsibility for the award of the contract, that officeholder's
campaign committee, and any person acting on behalf of that
officeholder shall not solicit a contribution from or direct a
contribution by the holder of the state contract or a family
member of the holder of the state contract to any of the
following:
(1) Any candidate or the campaign committee of any candidate;
(3) A ballot issue committee or a political action committee
or other entity the primary purpose of which is to support or
oppose any ballot issue or question that will be presented to
voters throughout the entire state;
(4) A legislative campaign fund;
(5) Any person that the holder of the public office knows or
should know has done either of the following during the current
calendar year or during the two previous calendar years:
(a) Made a disbursement or disbursements for the direct costs
of producing or airing electioneering communications;
(b) Made a disbursement or disbursements for the direct costs
of producing or airing communications that, if made in Ohio, would
constitute electioneering communications.
(C) No candidate, campaign committee, political party, ballot
issue committee, political action committee, legislative campaign
fund, person, or other entity shall knowingly accept a
contribution that is solicited or directed in violation of
division (B) of this section.
(D) Division (B) of this section does not apply to
solicitations made by the holder of the public office with
ultimate responsibility for the award of the contract, that
officeholder's campaign committee, or any person acting on behalf
of that officeholder for contributions to the officeholder's
campaign committee.
(E)(1) Division (B) of this section does not apply to
solicitations of contributions from or the directing of
contributions by the holder of the state contract before the
person became a partner or owner of the partnership or other
unincorporated business, shareholder of the association,
administrator of the estate, executor of the estate, trustee of
the trust, or owner of more than twenty per cent of a corporation
or business trust or after the person ceased to hold any of those
positions.
(2) Division (B) of this section does not apply to
solicitations of contributions from or the directing of
contributions by a spouse of the holder of the state contract in
any of the following circumstances:
(a) Before the holder of the state contract became a partner
or owner of the partnership or other unincorporated business,
shareholder of the association, administrator of the estate,
executor of the estate, trustee of the trust, or owner of more
than twenty per cent of a corporation or business trust;
(b) After the holder of the state contract ceased to be a
partner or owner of the partnership or other unincorporated
business, shareholder of the association, administrator of the
estate, executor of the estate, trustee of the trust, or owner of
more than twenty per cent of a corporation or business trust;
(c) Before the two were married;
(d) After the granting of a decree of divorce, dissolution of
marriage, or annulment;
(e) After the granting of an order in an action brought
solely for legal separation.
(3) Division (B) of this section does not apply to
solicitations of contributions from or the directing of
contributions by a child seven years of age through seventeen
years of age of the holder of the state contract in either of the
following circumstances:
(a) Before the holder of the state contract became a partner
or owner of the partnership or other unincorporated business,
shareholder of the association, administrator of the estate,
executor of the estate, trustee of the trust, or owner of more
than twenty per cent of a corporation or business trust;
(b) After the holder of the state contract ceased to be a
partner or owner of the partnership or other unincorporated
business, shareholder of the association, administrator of the
estate, executor of the estate, trustee of the trust, or owner of
more than twenty per cent of a corporation or business trust.
Sec. 3517.106. (A) As used in this section:
(1) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court.
(2) "Addendum to a statement" includes an amendment or other
correction to
that statement.
(B)(1) The secretary of state
shall store on computer the
information contained in statements
of contributions and
expenditures and monthly statements required
to be filed under
section 3517.10 of the Revised
Code and in statements of
independent expenditures required to be filed
under section
3517.105 of the Revised Code
by any of the following:
(a) The campaign committees of candidates for statewide
office;
(b) The political action committees and political
contributing entities described in
division (A)(1) of section
3517.11 of the
Revised
Code;
(c) Legislative campaign funds;
(d) State political parties;
(e) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question;
(f) The campaign committees of candidates for the office of
member
of the
general assembly;
(g) County political parties, with respect to their state
candidate funds.
(2) The secretary of state shall store on computer the
information contained in disclosure of electioneering
communications statements required to be filed under section
3517.1011 of the Revised Code.
(3) The secretary of state shall store on computer the
information contained in deposit and disbursement statements
required to be filed with the office of the secretary of state
under section 3517.1012 of the Revised Code.
(4) The secretary of state shall store on computer the gift
and disbursement information contained in statements required to
be filed with the office of the secretary of state under section
3517.1013 of the Revised Code.
(C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political
contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (B) of
this section, and to
members of the news
media and other
interested persons, for a reasonable fee,
computer programs that
are compatible with the secretary of state's
method of storing the
information contained in the statements.
(2) The secretary of state shall make the information
required to be stored under division (B) of this section
available
on computer at the secretary of state's office so
that, to the
maximum extent feasible, individuals may obtain at
the secretary
of state's office any part or all of that information for
any
given year, subject to the limitation expressed in division
(D) of
this
section.
(D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years.
(E)(1) Subject to division (L) of this section and subject to
the secretary of state having implemented,
tested, and verified
the successful operation of any system the
secretary of
state
prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised
Code for the filing of campaign finance statements by
electronic
means of
transmission,
the campaign
committee of each candidate
for statewide office may
file the
statements prescribed by section
3517.10 of the
Revised
Code by electronic means of
transmission
or, if the total amount
of the contributions received
or the total
amount of the
expenditures made by the campaign
committee for the
applicable
reporting period as specified in
division (A) of
section 3517.10
of the Revised Code exceeds ten thousand
dollars,
shall file those
statements by electronic means of transmission.
Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office, or until the applicable filing
deadline for that statement has passed, whichever is sooner. As
soon as the secretary of
state has
available all of the
contribution and expenditure information for all candidates for a
particular office, or as soon as the applicable filing deadline
for a statement has passed, whichever is sooner, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for that
office.
If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section.
(2) Subject
to the
secretary of state having implemented,
tested, and verified
the successful
operation of any system the
secretary of state
prescribes pursuant to division
(H)(1) of this
section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of
the Revised
Code for the filing
of campaign finance statements by
electronic
means of transmission,
a
political
action committee and
a political contributing entity described in
division
(B)(1)(b) of
this section,
a legislative campaign fund, and
a state political
party may file
the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total
amount of the contributions received or the total amount of the
expenditures made by the political action committee, political
contributing entity, legislative campaign fund, or state political
party for the applicable reporting period as specified in division
(A) of section 3517.10 of the Revised Code exceeds ten thousand
dollars, shall file those statements by electronic means of
transmission.
Within five business days after
a statement filed by a
political action committee or a political contributing entity
described in division
(B)(1)(b) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement.
Within five business days after the secretary of state
receives from a
political action committee or a political
contributing entity described in division (B)(1)(b) of this
section,
a
legislative campaign fund, or a state political party
an
addendum to the statement or an amended statement by electronic
or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section.
(3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
a county political party
shall
file the
statements prescribed by section 3517.10 of the
Revised
Code with respect to its state candidate fund by
electronic means
of
transmission to the office of the secretary of state.
Within five business days after a statement filed by a
county
political party with respect to its state candidate fund is
received by the
secretary of state by electronic
means of
transmission,
the secretary of state shall make available online
to
the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement.
If a statement
is
found to be incomplete or inaccurate after
the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, a county political party shall file by electronic
means of
transmission
any addendum to the
statement that provides
the
information necessary to complete or
correct the statement or,
if
required by the secretary of state under that
division, an
amended
statement.
Within five business days after the secretary of state
receives from a
county political party an
addendum to the
statement or an amended statement by electronic means
of
transmission under this
division or division
(B)(3)(a) of section
3517.11 of the Revised Code, the secretary of
state
shall make the
contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section.
(F)(1) Subject to division (L) of this section and
subject to
the secretary of
state having implemented, tested, and
verified
the successful operation of any
system the secretary of
state
prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission,
a campaign committee of a
candidate for the
office of member
of the general assembly or a campaign committee
of a candidate for the office of judge of a court of appeals may
file the statements prescribed by
section 3517.10 of the
Revised
Code in accordance with division (A)(2) of section 3517.11 of the
Revised Code or by electronic means of
transmission to the office
of the secretary of state or, if the total amount of the
contributions received by the campaign committee for the
applicable reporting period as specified in division (A) of
section 3517.10 of the Revised Code exceeds ten thousand dollars,
shall file those statements by electronic means of transmission to
the office of the secretary of state.
Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly or a
campaign committee of a candidate for the office of judge of a
court of appeals is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state
shall make available online
to the public
through the internet, as
provided in division (I) of
this section,
the contribution and
expenditure information in
that
statement. The secretary
of state
shall not make available online
to the public through the
internet
any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able
to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office, or until the applicable filing deadline for
that statement has passed, whichever is sooner. As soon as the
secretary of state has
available all of the contribution and
expenditure information for all candidates for a particular
office, or as soon as the applicable filing deadline for a
statement has passed, whichever is sooner, the
secretary of state
shall
simultaneously make available online to
the public through
the
internet the information for all candidates
for that
office.
If a statement filed by electronic means of transmission
is
found to be
incomplete or inaccurate after the
examination of the
statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign
committee
shall file by electronic means of
transmission to the
office of the secretary
of state
any addendum to the statement
that provides the
information
necessary to complete or correct the
statement or, if required by
the secretary of state under that
division, an amended statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly or a campaign committee of a
candidate for the office of judge of a court of appeals an
addendum to the
statement or
an amended statement by electronic or
other means of transmission
under this division
or division
(B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in
the addendum or
amended
statement available online to
the public
through the
internet as provided in division (I) of this
section.
(2) If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission to the office of the
secretary of state but
is filed by printed version
only under
division (A)(2) of section 3517.11 of the Revised Code with the
appropriate board of elections, the campaign committee of a
candidate for the office of member of the general assembly or a
campaign committee of a candidate for the office of judge of a
court of appeals shall
file two copies of the printed
version of
the statement, addendum,
or amended statement with the
board of
elections. The
board of elections shall send
one of those copies
by overnight
delivery service certified mail to the secretary
of
state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement.
(G) Subject to the secretary of state having implemented,
tested, and
verified the
successful operation of any system the
secretary of
state prescribes pursuant
to division (H)(1) of this
section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised
Code
for the filing of campaign finance statements by
electronic
means of
transmission,
any
individual, partnership, or
other entity that makes independent
expenditures in support of or
opposition to a statewide candidate
or a statewide ballot issue or
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may
file the statement
specified in
that division by electronic means
of transmission or, if the total
amount of independent expenditures made during the reporting
period under that division exceeds ten thousand dollars, shall
file the statement specified in that division by electronic means
of transmission.
Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section.
(H)(1) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe one or
more
techniques by which a person who executes
and transmits by
electronic means a statement of contributions
and expenditures, a
statement of independent expenditures, a disclosure of
electioneering communications statement, a deposit and
disbursement statement, or a gift and disbursement statement, an
addendum to any of those statements, an amended statement of
contributions and
expenditures,
an amended statement of
independent expenditures, an amended disclosure of electioneering
communications statement, an amended deposit and disbursement
statement, or an amended gift and disbursement statement, under
this
section or section
3517.10, 3517.105, 3517.1011, 3517.1012,
or 3517.1013 of the Revised
Code shall
electronically sign
the
statement, addendum, or amended statement.
Any technique
prescribed by
the secretary of state pursuant to
this division
shall create an electronic
signature that satisfies
all of the
following:
(a) It is unique to the signer.
(b) It objectively identifies the signer.
(c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised.
(d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated.
(2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the
disclosure of electioneering communications statement, the deposit
and disbursement statement, or the gift and disbursement
statement, the
addendum to any of those statements, the amended
statement of
contributions
and expenditures, the amended statement
of
independent expenditures, the amended disclosure of
electioneering communications statement, the amended deposit and
disbursement statement, or the amended gift and disbursement
statement
that is executed and
transmitted by
electronic means by
the person to whom the
electronic signature is
attributed. The
electronic signature
that is attached to or
associated with the
statement, addendum, or amended
statement
under this division
shall be binding on all persons and for all
purposes under the
campaign finance reporting law as if the
signature had
been
handwritten in ink on a printed form.
(I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and
disbursement, or the gift and disbursement information in all
statements, all addenda to the
statements, and
all amended
statements that are filed with the
secretary of state by
electronic or other means of transmission
under this section or
section
3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or
3517.11 of the
Revised Code available
online to the public by any
means that are
searchable, viewable, and
accessible through the
internet.
(J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following:
(a) A library that is maintained and regulated under section
715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code.
(2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, or gift and disbursement information
in
campaign
finance statements required to be made
available online to the
public
through the internet pursuant to
division (I) of this
section may
be accessed.
If that location is part of
the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via the
world
wide web, the
secretary of state shall notify all libraries
of the
world wide
web location at which those statements may be
filed.
If those statements may be
filed
through the internet via the
world wide web and if the
secretary of state
has notified a
library of that world wide web
location as required
by this
division, the library shall include a
link to that world
wide web
location on each internet-connected
computer it maintains
that is
accessible to the public.
(K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee, political contributing entity,
legislative campaign
fund, or political party,
any individual, partnership, or other
entity, or any person making disbursements to pay the direct costs
of producing or airing electioneering communications,
for the
failure to file by electronic
means of transmission a
campaign
finance
statement as required by this section or section
3517.10,
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code
that
all of the
following
apply to the campaign committee,
political action committee, political contributing entity,
legislative campaign fund, or political party,
the individual,
partnership, or other entity, or the person making disbursements
to pay the direct costs of producing or airing electioneering
communications, that failed to so
file:
(1) The campaign committee, political action committee,
political contributing entity,
legislative
campaign fund, or
political party, the individual,
partnership, or other entity, or
the person making disbursements to pay the direct costs of
producing or airing electioneering communications attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section.
(2) The campaign committee, political action committee,
political contributing entity,
legislative
campaign fund, or
political party, the individual,
partnership, or other entity, or
the person making disbursements to pay the direct costs of
producing or airing electioneering communications was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure.
(3) The campaign committee, political action committee,
political contributing entity,
legislative
campaign fund, or
political party, the individual,
partnership, or other entity, or
the person making disbursements to pay the direct costs of
producing or airing electioneering communications filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section.
(L)(1) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code to permit a campaign committee of
a candidate for statewide office that makes expenditures of less
than twenty-five thousand dollars during the filing period or a
campaign committee for the office of member of the general
assembly or the office of judge of a court of appeals that would
otherwise be required to file campaign finance statements by
electronic means of transmission under division (E) or (F) of this
section to file those statements by paper with the office of the
secretary of state. Those rules shall provide for all of the
following:
(a) An eligible campaign committee that wishes to file a
campaign finance statement by paper instead of by electronic means
of transmission shall file the statement on paper with the office
of the secretary of state not sooner than twenty-four hours after
the end of the filing period set forth in section 3517.10 of the
Revised Code that is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount
of which the secretary of state shall determine by rule. The
amount of the fee established under this division shall not exceed
the data entry and data verification costs the secretary of state
will incur to convert the information on the statement to an
electronic format as required under division (I) of this section.
(c) The secretary of state shall arrange for the information
in campaign finance statements filed pursuant to division (L) of
this section to be made available online to the public through the
internet in the same manner, and at the same times, as information
is made available under divisions (E), (F), and (I) of this
section for candidates whose campaign committees file those
statements by electronic means of transmission.
(d) The candidate of an eligible campaign committee that
intends to file a campaign finance statement pursuant to division
(L) of this section shall file a notice indicating that the
candidate's campaign committee intends to so file and stating that
filing the statement by electronic means of transmission would
constitute a hardship for the candidate or for the eligible
campaign committee.
(e) An eligible campaign committee that files a campaign
finance statement on paper pursuant to division (L) of this
section shall review the contribution and information made
available online by the secretary of state with respect to that
paper filing and shall notify the secretary of state of any errors
with respect to that filing that appear in the data made available
on that web site.
(f) If an eligible campaign committee whose candidate has
filed a notice in accordance with rules adopted under division
(L)(1)(d) of this section subsequently fails to file that
statement on paper by the applicable deadline established in rules
adopted under division (L)(1)(a) of this section, penalties for
the late filing of the campaign finance statement shall apply to
that campaign committee for each day after that paper filing
deadline, as if the campaign committee had filed the statement
after the applicable deadline set forth in division (A) of section
3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would
otherwise be required to file campaign finance statements by
electronic means of transmission to file those statements on paper
with the office of the secretary of state that is required to be
developed under division (L)(1) of this section shall be in effect
and available for use by eligible campaign committees for all
campaign finance statements that are required to be filed on or
after June 30, 2005. Notwithstanding any provision of the Revised
Code to the contrary, if the process the secretary of state is
required to develop under division (L)(1) of this section is not
in effect and available for use on and after June 30, 2005, all
penalties for the failure of campaign committees to file campaign
finance statements by electronic means of transmission shall be
suspended until such time as that process is in effect and
available for use.
(3) Notwithstanding any provision of the Revised Code to the
contrary, any eligible campaign committee that files campaign
finance statements on paper with the office of the secretary of
state pursuant to division (L)(1) of this section shall be deemed
to have filed those campaign finance statements by electronic
means of transmission to the office of the secretary of state.
Sec. 3517.11. (A)(1) Campaign committees of candidates
for
statewide office or the state board of education, political
action
committees or political contributing entities that make
contributions to campaign committees
of candidates that are
required to file the statements prescribed by section
3517.10 of
the Revised Code with the secretary of state,
political action
committees or political contributing entities that
make
contributions to campaign
committees of candidates for member of
the general assembly,
political action committees or political
contributing entities that
make contributions to state and
national political parties and to legislative campaign
funds,
political action committees or political contributing entities
that
receive contributions or make expenditures in connection with
a
statewide ballot issue, political action committees or political
contributing entities that make
contributions to other political
action committees or political contributing entities, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds,
and state and
national political parties
shall file the statements prescribed by
section 3517.10 of the
Revised Code with the secretary of state.
(2)(a) Except as otherwise provided in division (F)
of
section
3517.106
of the Revised Code, campaign committees of
candidates
for all other
offices shall file the statements
prescribed by
section 3517.10
of the Revised Code with the board
of elections
where their
candidates are required to file their
petitions or
other papers
for nomination or election.
(b) A campaign committee of a candidate for office of member
of
the
general assembly or a campaign committee of a candidate for
the office of judge of a court of appeals shall file two copies of
the printed version
of
any statement, addendum, or amended
statement if the committee
does not file pursuant to division
(F)(1) or (L) of section 3517.106 of the
Revised Code but files by
printed version only with
the
appropriate board of elections. The
board of elections shall send
one of
those copies by overnight
delivery service certified mail to the secretary
of state
before
the close of business on the day the board of
elections
receives
the statement, addendum, or amended statement.
(3) Political action committees or political contributing
entities
that only contribute to a
county political party,
contribute to campaign committees of
candidates whose nomination
or election is to be submitted only
to electors within a county,
subdivision, or district, excluding
candidates for member of the
general assembly, and receive
contributions or make expenditures
in connection with ballot
questions or issues to be submitted only
to electors within a
county, subdivision, or district shall file
the statements
prescribed by section 3517.10 of the Revised Code
with the board
of elections in that county or in the county
contained in whole
or part within the subdivision or district
having a population
greater than that of any other county
contained in whole or part
within that subdivision or district, as
the case may be.
(4) Except as otherwise provided in division (E)(3) of
section 3517.106 of the Revised Code with respect to state
candidate funds, county political parties shall file the
statements
prescribed by section 3517.10 of the Revised Code with
the board
of elections of their respective counties.
(B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of
sections
3517.01, 3517.08 to 3517.11,
3517.13 to 3517.993, 3599.03,
and
3599.031 of the Revised Code and any other materials that the
secretary of
state may require. Each candidate receiving the
materials shall acknowledge
their receipt in writing.
(2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and sections 3517.10 and
3517.106 of the Revised
Code
shall be notified
of the requirements and applicable penalties of
those sections.
The secretary of state, by certified mail, return
receipt
requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board
of elections of every
county shall notify by first class mail any
candidate who has
personally appeared at the office of the board
on or before the
tenth day before the statements are required to
be
filed and signed a form,
to be provided by the secretary of
state, attesting that the
candidate has been notified of the
candidate's obligations
under the campaign
finance law. The board
shall forward the completed form to
the
secretary of state. The
board shall use certified mail,
return receipt requested, to
notify all other candidates required
to file those statements with
it.
(3)(a) Any statement required to be filed under sections
3517.081
to 3517.17 of the Revised Code that is found
to be
incomplete or inaccurate by the officer to whom it is submitted
shall be
accepted on a conditional basis, and the person who filed
it
shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state
may
examine statements filed for candidates for the office of
member
of the general assembly and candidates for the office of judge of
a court of appeals for completeness and accuracy.
The secretary of
state shall examine
for
completeness and accuracy statements that
campaign committees
of candidates for the office
of member of the
general assembly and campaign committees of candidates for the
office of judge of a court of appeals
file
pursuant to division
(F) or (L)
of section 3517.106
of the Revised Code. If
an officer
at the
board of elections where a statement filed for a candidate
for the
office of member of the general
assembly or for a
candidate for the office of judge of a court of appeals was
submitted finds the
statement to be incomplete or
inaccurate, the
officer shall
immediately notify the
secretary of state of
its
incomplete or
inaccurate nature. If either an officer at the
board
of elections
or the secretary of state finds a statement filed for
a
candidate
for the office of member of the general
assembly or
for a candidate for the office of judge of a court of appeals to
be incomplete
or inaccurate, only the
secretary of state shall
send the
notification as to the incomplete or
inaccurate nature of
the
statement.
Within twenty-one
days
after
receipt of the notice, in the
case of a
pre-election statement, a
postelection
statement, a
monthly statement, an annual statement, or a semiannual statement
prescribed
by section 3517.10, an annual statement
prescribed by
section
3517.101, or a statement
prescribed by
division (B)(2)(b)
or
(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum, amendment, or
other
correction to the statement providing
the information
necessary to
complete or correct the statement.
The secretary of
state may
require that, in lieu of filing
an addendum, amendment,
or other
correction to a statement that
is filed by electronic
means of
transmission to the office of
the secretary of state
pursuant to
section 3517.106 of the
Revised Code, the recipient of
the
notice
described in this division file by electronic means of
transmission an amended statement that incorporates
the
information necessary
to complete or correct the statement.
The secretary of state shall determine by rule when an
addendum,
amendment, or other correction to any of the following
or when an amended statement of any of the following shall be
filed:
(i) A
two-business-day statement
prescribed by section
3517.10 of
the Revised Code;
(ii) A disclosure of electioneering communications statement
prescribed by division (D) of section 3517.1011 of the Revised
Code;
(iii) A deposit and disbursement statement prescribed under
division (B) of section 3517.1012 of the Revised Code;
(iv) A gift and disbursement statement prescribed under
section 3517.1013 of the Revised Code.
An addendum,
amendment, or other
correction to a statement
that is filed by
electronic means of transmission pursuant to
section 3517.106 of the Revised Code shall be filed in the same
manner as the
statement.
The provisions of sections 3517.10,
3517.106, 3517.1011,
3517.1012, and 3517.1013 of the Revised Code pertaining to
the
filing of
statements of contributions and expenditures, statements
of
independent expenditures, disclosure of electioneering
communications statements, deposit and disbursement statements,
and gift and disbursement statements by electronic means of
transmission apply to the filing of addenda, amendments, or other
corrections to those
statements by electronic means of
transmission and
the
filing of amended statements by electronic
means of
transmission.
(b) Within five business days after the secretary
of state
receives, by electronic or other means of transmission, an
addendum,
amendment, or other correction to a statement or an
amended statement under
division (B)(3)(a) of this section, the
secretary of
state, pursuant to divisions (E), (F), (G), and
(I)
of section 3517.106 or division (D) of section 3517.1011 of the
Revised Code, shall make the
contribution and
expenditure,
contribution and disbursement, deposit and disbursement, or gift
and disbursement information in that
addendum,
amendment,
correction, or amended statement available online to
the
public
through the internet.
(4)(a) The secretary of state or
the board of elections
shall
examine all statements for compliance with sections 3517.08
to
3517.17 of the Revised Code.
(b) The secretary of state may contract with an individual
or
entity not associated with the
secretary of state and
experienced
in interpreting the campaign finance
law of this state
to conduct
examinations of statements filed
by
any statewide
candidate, as
defined in section
3517.103 of the
Revised Code.
(c) The examination shall be conducted
by a person or entity
qualified to conduct it. The results of the
examination
shall be
available to the public, and, when the examination is
conducted by
an individual or entity not associated with the secretary of
state, the
results of the examination shall be reported to the
secretary of state.
(C)(1) In the event of a failure to file or a late filing
of
a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code, or if a filed statement or any
addendum, amendment, or other correction to a statement or any
amended statement, if an addendum, amendment, or other correction
or an amended statement is required to be
filed,
is incomplete or
inaccurate or appears to disclose a failure to
comply with or a
violation of law, the official whose duty
it is
to examine the
statement shall promptly file a complaint
with the
Ohio elections
commission
under section 3517.153 of the Revised
Code if the law
is one over which the
commission has
jurisdiction
to hear
complaints, or the official
shall promptly report the
failure or
violation to the board of elections and the board shall
promptly
report it to the prosecuting attorney in accordance with
division
(J)
of section 3501.11 of the Revised Code. If the
official
files
a complaint with the
commission, the commission
shall proceed in
accordance with sections 3517.154
to 3517.157 of
the Revised Code.
(2) For purposes of division (C)(1) of this section, a
statement
or an addendum, amendment, or other correction to a
statement or an amended statement required to be
filed under
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or
inaccurate under this section if the statement, addendum,
amendment, other correction, or amended statement fails
to
disclose substantially all contributions or gifts that are
received
or deposits that are made that are required to be
reported under
sections
3517.10, 3517.107, 3517.108, 3517.1011,
3517.1012, and 3517.1013 of the
Revised
Code or if the
statement,
addendum, amendment, other correction, or amended statement fails
to disclose at least ninety per cent
of the total
contributions or
gifts received or deposits made or of the total expenditures
or
disbursements made during
the reporting period.
(D) No certificate of nomination or election shall be
issued
to a person, and no person elected to an office
shall enter upon
the performance of the duties of
that office, until that person or
that
person's campaign
committee, as
appropriate, has fully
complied with this section
and sections
3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate
shall fail to file a
complete
and accurate statement
required under division (A)(1) of section
3517.10 of
the Revised
Code.
(2) No campaign committee of a statewide candidate
shall
fail
to file a complete and accurate monthly statement, and no
campaign
committee
of a statewide candidate or a candidate for the
office
of chief
justice or justice of the supreme court shall fail
to
file a
complete and accurate two-business-day statement, as
required under
section 3517.10 of
the Revised Code.
As used in this division,
"statewide candidate" has the same
meaning as in division (F)(2) of
section 3517.10 of the Revised
Code.
(B) No campaign committee shall fail to file a complete and
accurate
statement
required under
division (A)(1) of section
3517.10 of the
Revised Code.
(C) No campaign committee shall fail to file a
complete and
accurate statement
required under division (A)(2) of section
3517.10 of the Revised
Code.
(D) No campaign committee shall fail to file a complete and
accurate
statement
required under division (A)(3) or (4) of
section
3517.10 of the Revised
Code.
(E) No person other than a campaign committee shall
knowingly
fail to file a statement required under section 3517.10
or
3517.107 of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election.
(G)(1) No person shall knowingly conceal or
misrepresent
contributions given or received, expenditures
made, or any other
information required
to be reported by a provision in sections
3517.08 to 3517.13 and
3517.17 of the Revised Code.
(2)(a) No person shall make a contribution to a
campaign
committee, political action committee, political contributing
entity, legislative
campaign fund,
political party, or person
making disbursements to pay the direct costs of producing or
airing electioneering communications in the name of
another
person.
(b) A person does not make a contribution in the name of
another when either
of the following applies:
(i) An individual makes a contribution from a partnership or
other
unincorporated
business account, if the contribution is
reported
by listing both the name of
the partnership or other
unincorporated
business and the name of the partner or
owner
making the
contribution as required under division (I) of section
3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's
name or in both
of their names.
(H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the
same
area as that encompassed by the particular office
that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type
of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees.
No person within this state, operating a radio or
television
station or network of stations in this state, shall
charge a
campaign committee for political broadcasts a rate
that
exceeds:
(1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of
a
general or special election in which the candidate of the
campaign
committee is seeking office, the lowest unit charge of
the station
for the same class and amount of time for the same
period;
(2) At any other time, the charges made for comparable use
of
that station by its other users.
(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more
than five hundred dollars or services costing more
than five
hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any individual, partnership or other
unincorporated business, association,
including, without
limitation, a professional association
organized under Chapter
1785. of the Revised Code, estate, or
trust if
any of the
following has
made, as an individual,
within the two
previous
calendar years twenty-four months, one or more contributions
totaling in
excess of
one thousand dollars to the holder of the
public office
having
ultimate responsibility for the award of the
contract or
to the
public officer's campaign committee:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(I)(1)(a)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (I)(1)(a)(i) to (vi)
of this section.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any individual, partnership or other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust if any combination of
the following has made, within the two previous calendar years
twenty-four months,
one or more contributions totaling in excess
of two thousand
dollars to the holder of the public office having
ultimate
responsibility for the award of the contract or to the
public
officer's campaign committee:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(I)(1)(b)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (I)(1)(b)(i) to (vi)
of this section;
(ix) Any political action committee affiliated with the
partnership or other unincorporated business, association, estate,
or trust.
(2)(a) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded a contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any individual, partnership or
other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust, none of the following
shall, beginning on the date the contract is awarded and extending
until one year following the conclusion of that contract, make one
or more contributions totaling in excess of one thousand dollars
to the holder of the public office having ultimate responsibility
for the award of that contract:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(I)(2)(a)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (I)(2)(a)(i) to (vi)
of this section.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded a contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any individual, partnership or
other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust, no combination of any
of the following shall, beginning on the date the contract is
awarded and extending until one year following the conclusion of
that contract, make one or more contributions totaling in excess
of two thousand dollars to the holder of the public office having
ultimate responsibility for the award of that contract:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(I)(2)(b)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (I)(2)(b)(i) to (vi)
of this section;
(ix) Any political action committee affiliated with the
partnership or other unincorporated business, association, estate,
or trust.
(3) Subject to divisions (L), (M), and (N) of this section,
no agency or department of this state or any political subdivision
shall enter into any contract for the purchase of goods costing
more than five hundred dollars or services costing more than five
hundred dollars, and no political subdivision shall enter into any
contract for the purchase of goods with a cost aggregating more
than ten thousand dollars in a calendar year or services with a
cost aggregating more than ten thousand dollars in a calendar
year, with an individual, partnership or other
unincorporated
business, association, including, without
limitation, a
professional association organized under Chapter
1785. of the
Revised Code, estate, or trust unless the agency, department, or
political subdivision has received for that calendar year, or the
contract
includes, a certification by the individual, partnership
or other
unincorporated business, association, estate, or trust
that all of
the following persons, if applicable, are in
compliance with
division (I)(1) of this section:
(b) Each partner or owner of the partnership or other
unincorporated business;
(c) Each shareholder of the association;
(d) Each administrator of the estate;
(e) Each executor of the estate;
(f) Each trustee of the trust;
(g) Each spouse of any person identified in divisions
(I)(3)(a) to (f) of this section;
(h) Each child seven years of age to seventeen years of age
of any person identified in divisions (I)(3)(a) to (f) of this
section;
(i) Any combination of persons identified in divisions
(I)(3)(a) to (h) of this section.
(4)(a) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any partnership or other
unincorporated
business, association, including, without
limitation, a
professional association organized under Chapter
1785. of the
Revised Code, estate, or trust if a political action
committee
that is affiliated with the partnership or other
unincorporated
business, association, estate, or trust has made,
within the two
previous calendar years twenty-four months, one or more
contributions
totaling in excess of two thousand dollars to the
holder of the
public office having ultimate responsibility for
the award of the
contract or to the public officer's campaign
committee.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded any contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any partnership or other
unincorporated
business, association, including, without
limitation, a
professional association organized under Chapter
1785. of the
Revised Code, estate, or trust, no political action
committee
that is affiliated with the partnership or other
unincorporated
business, association, estate, or trust shall,
beginning on the
date the contract is awarded and extending until
one year
following the conclusion of that contract, make one or
more
contributions totaling in excess of two thousand dollars to
the
holder of the public office having ultimate responsibility for
the award of the contract or to the public officer's campaign
committee.
(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more
than five hundred dollars or services costing more
than five
hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to a corporation or business trust,
except a
professional association organized under Chapter 1785. of
the
Revised Code, if any of the following has
made, as an
individual,
within the two previous calendar years twenty-four months,
taking
into
consideration only owners for all of that period, one
or
more
contributions totaling in excess of one thousand dollars
to
the
holder of a public office having ultimate responsibility
for
the
award of the contract or to the public officer's campaign
committee:
(i) An owner of more than twenty per cent of the corporation
or business trust;
(ii) A spouse of an owner of more than twenty per cent of the
corporation or business trust;
(iii) A child seven years of age through seventeen years of
age of an owner of more than twenty per cent of the corporation or
business trust.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to a corporation or business trust,
except a
professional association organized under Chapter 1785. of
the
Revised Code, if any combination of the following has made,
within the two previous calendar years twenty-four months, taking
into consideration
only owners for all of that period, one or
more contributions
totaling in excess of two thousand dollars to
the holder of the
public office having ultimate responsibility
for the award of the
contract or to the public officer's campaign
committee:
(i) Owners of more than twenty per cent of the corporation or
business trust;
(ii) Spouses of owners of more than twenty per cent of the
corporation or business trust;
(iii) Children seven years of age through seventeen years of
age of owners of more than twenty per cent of the corporation or
business trust;
(iv) Any political action committee affiliated with the
corporation or business trust.
(2)(a) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded a contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to a corporation or business trust,
except a
professional association organized under Chapter 1785. of
the
Revised Code, none of the following shall, beginning on the
date
the contract is awarded and extending until one year
following
the conclusion of that contract, make one or more
contributions
totaling in excess of one thousand dollars to the
holder of the
public office having ultimate responsibility for the
award of
that contract:
(i) An owner of more than twenty per cent of the corporation
or business trust;
(ii) A spouse of an owner of more than twenty per cent of the
corporation or business trust;
(iii) A child seven years of age through seventeen years of
age of an owner of more than twenty per cent of the corporation or
business trust.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded a contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to a corporation or business trust,
except a
professional association organized under Chapter 1785. of
the
Revised Code, no combination of any of the following shall,
beginning on the date the contract is awarded and extending until
one year following the conclusion of that contract, make one or
more contributions totaling in excess of two thousand dollars to
the holder of the public office having ultimate responsibility for
the award of that contract:
(i) Owners of more than twenty per cent of the corporation or
business trust;
(ii) Spouses of owners of more than twenty per cent of the
corporation or business trust;
(iii) Children seven years of age through seventeen years of
age of owners of more than twenty per cent of the corporation or
business trust;
(iv) Any political action committee affiliated with the
corporation or business trust.
(3) Subject to divisions (L), (M), and (N) of this section,
no agency or department of this state or any political subdivision
shall enter into any contract for the purchase of goods costing
more than five hundred dollars or services costing more than five
hundred dollars, and no political subdivision shall enter into any
contract for the purchase of goods with a cost aggregating more
than ten thousand dollars in a calendar year or services with a
cost aggregating more than ten thousand dollars in a calendar
year, with a corporation or business trust, except a
professional
association organized under Chapter 1785. of the
Revised Code,
unless the agency, department, or political subdivision has
received for that calendar year, or the contract includes, a
certification by the
corporation or business trust that all of
the following persons,
if applicable, are in compliance with
division (J)(1) of this
section:
(a) Each owner of more than twenty per cent of the
corporation or business trust;
(b) Each spouse of an owner of more than twenty per cent of
the corporation or business trust;
(c) Each child seven years of age to seventeen years of age
of an owner of more than twenty per cent of the corporation or
business trust;
(d) Any combination of persons identified in divisions
(J)(3)(a) to (c) of this section.
(4)(a) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars, and no political subdivision shall
award any contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any corporation or business trust,
except a
professional association organized under Chapter 1785. of
the
Revised Code, if a political action committee that is
affiliated
with the corporation or business trust has made, within
the two
previous calendar years twenty-four months, one or more
contributions
totaling in excess of two thousand dollars to the
holder of the
public office having ultimate responsibility for
the award of the
contract or to the public officer's campaign
committee.
(b) Subject to divisions (K), (L), (M), and (N) of this
section, if any agency or department of this state or any
political subdivision has awarded any contract for the purchase of
goods costing more than five hundred dollars or services costing
more than five hundred dollars, or if any political subdivision
has awarded a contract for the purchase of goods with a cost
aggregating more than ten thousand dollars in a calendar year or
services with a cost aggregating more than ten thousand dollars in
a calendar year, to any corporation or business
trust, except a
professional association organized under Chapter
1785. of the
Revised Code, no political action committee that is
affiliated
with the corporation or business trust shall, beginning
on the
date the contract is awarded and extending until one year
following the conclusion of that contract, make one or more
contributions totaling in excess of two thousand dollars to the
holder of the public office having ultimate responsibility for the
award of the contract or to the public officer's campaign
committee.
(K)(1) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the governor, whether or not the
appointment is
subject to the advice and consent of the senate,
the office of the
governor is considered to have
ultimate responsibility for the
award of the contract.
(2) For purposes of divisions (I) and (J) of this section,
if
a public officer who is responsible for the award of a
contract
is
appointed by the elected chief executive officer of a
municipal
corporation, or appointed by the elected chief
executive officer
of a county operating under an alternative form
of county
government or county charter, the office of the chief executive
officer
is considered to have ultimate responsibility for the
award of the
contract.
(L)(1)(a) Collective bargaining agreements with labor
organizations representing employees shall be considered to be
contracts for the purchase of services for the purpose of
divisions (I), (J), (Y), and (Z) of this section. The labor
organization shall be the recipient of the contract and considered
to be an unincorporated business for the purpose of divisions (I),
(J), (Y), and (Z) of this section. For purposes of divisions (I),
(J), (Y) and (Z) of this section, a political contributing entity
or political action committee of the labor organization shall be
subject to the same limits as applicable to an affiliated
political action committee of an incorporated business.
(b) Divisions (I), (J), (Y), and (Z) of this section do not
apply to employment contracts entered into with a single employee.
(c) The secretary of state shall adopt rules under Chapter
119. of the Revised Code that determine what constitutes a
contract for the purchase of goods and what constitutes a contract
for the purchase of services under divisions (I), (J), (Y), and
(Z) of this section and section 3517.093 of the Revised Code.
(2)(a) For the purpose of divisions (I) and (Y) of this
section, a political action committee is affiliated with a
partnership or other unincorporated business, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the political action committee received, as reported on
its most recent statement filed under section 3517.10 of the
Revised Code, more than fifty per cent of its contributions from
any combination of the persons identified in divisions
(I)(1)(a)(b)(ii) to (vi)
of this section or divisions
(Y)(1)(a)(b)(ii) to (vi) of this
section, respectively.
(b) For the purpose of divisions (J) and (Z) of this section,
a political action committee is affiliated with a corporation or
business trust, except a professional association organized under
Chapter 1785. of the Revised Code, if the political action
committee received, as reported on its most recent statement filed
under section 3517.10 of the Revised Code, more than fifty per
cent of its contributions from any combination of the persons
identified in
division (J)(1)(a)(b)(i) of this section or
division (Z)(1)(a)(b)(i) of
this section, respectively.
(c) A federal political committee registered with the
secretary of state pursuant to section 3517.107 of the Revised
Code is a political action committee affiliated with a partnership
or other unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust or with a corporation
or business trust if the federal political committee received more
than fifty per cent of its contributions as specified in divisions
(L)(2)(a) or (b) of this section in filings made with the federal
election commission.
(M)(1) Divisions (I) and (J) of this section do not apply
to
contracts awarded by the board of commissioners of the sinking
fund, by the supreme court or courts of appeals, by county
courts
consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall
apply to the specified entity only if the
members of
the entity
act collectively in the award of a contract
for goods
or services.
(2) For the purpose of divisions (I), (J), (Y), and (Z) of
this section, contracts approved by the controlling board shall be
considered to be awarded solely by the agency or department that
submitted the contract to the controlling board.
(N)(1) Divisions (I), (J), (Y), and (Z) of this section apply
to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to
the
public officer's
campaign committee, during the time
the person
holds the office
and during any time such person was a candidate
for the office.
Those divisions apply to contributions
made to,
or to the
campaign committee of, a candidate for the public office
having ultimate responsibility for the award of the contract
during any such time the person is a candidate for that office.
For the purpose of this division, a person becomes a candidate for
the public office having ultimate authority for the award of the
contract when the person becomes a candidate for that office by
filing a declaration of candidacy, a declaration of intent to be a
write-in candidate, or a nominating petition, through party
nomination at a primary election, or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code.
(2) Divisions (I), (J), (Y), and (Z) of this section do not
apply to
contributions of a partner, shareholder, administrator,
executor,
trustee, or owner of more than twenty per cent of a
corporation
or
business trust made before the person held any of
those
positions
or after the person ceased to hold any of those
positions in the
partnership or other unincorporated business,
association, estate, trust,
corporation, or business
trust whose
eligibility to be awarded a
contract is being
determined, nor to
contributions of the
person's spouse made
before the person held
any of those
positions, after the person
ceased to hold any of
those
positions, before the two were
married, after the granting
of
a decree of divorce, dissolution
of marriage, or annulment, or
after the
granting of an order in an action
brought solely for
legal
separation. Those divisions do not apply
to contributions of
the
spouse of an individual whose eligibility
to be awarded a
contract is being determined made before the two
were married,
after the granting of a decree of divorce,
dissolution of
marriage, or annulment, or after the granting of an order
in an
action
brought solely for legal separation.
(O) No beneficiary of a campaign fund or other person shall
convert
for personal use, and no person shall
knowingly give to a
beneficiary of a campaign fund or any other person,
for the
beneficiary's or any other person's personal use,
anything of
value from
the beneficiary's campaign fund, including, without
limitation,
payments to a beneficiary for services the beneficiary
personally
performs, except as reimbursement for any of the
following:
(1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary
prior
expenses incurred by the beneficiary in connection with
duties as
the holder of a public office, including, without
limitation,
expenses incurred through participation in
nonpartisan or
bipartisan events if the participation of the
holder of a public
office would normally be expected;
(3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the
following:
(a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue;
(b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee,
or other candidate;
(c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or
campaign committee;
(d) Attending a political party convention or other
political
meeting.
For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly
accept,
and no person shall knowingly give to the beneficiary of
a
campaign fund, reimbursement for an expense under division (O)
of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense
is
reimbursed under division (O) of this section and is later
paid or
reimbursed, wholly or in part, from another source of
funds, the
beneficiary shall repay the reimbursement received
under division
(O) of this section to the extent of the payment
made or
reimbursement received from the other source.
(Q) No candidate or public official or employee shall
accept
for personal or business use anything of value from a
political
party, political action committee, political contributing entity,
legislative campaign fund, or
campaign
committee other than the
candidate's or public
official's or
employee's own campaign
committee, and no person shall knowingly
give to a candidate or
public official or employee anything of
value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or
such
a campaign committee, except
for the following:
(1) Reimbursement for legitimate and verifiable ordinary
and
necessary prior expenses not otherwise prohibited by law
incurred
by the candidate or public official or employee while
engaged in
any legitimate activity of the political party,
political action
committee, political contributing entity,
legislative campaign
fund, or
such campaign committee. Without
limitation, reimbursable
expenses under this division include
those incurred while doing
any of the following:
(a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative
campaign
fund, campaign
committee, or another candidate;
(c) Attending a political party convention or other
political
meeting.
(2) Compensation not otherwise prohibited by law for
actual
and valuable personal services rendered under a written
contract
to the political party, political action committee, political
contributing entity,
legislative campaign fund, or such campaign
committee for
any legitimate activity of the
political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign
committee.
Reimbursable expenses under this division do not include,
and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political
contributing entity,
legislative campaign fund, or campaign
committee other than the candidate's or public
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election,
except for
contributions to the candidate's or public official's
or
employee's
campaign committee.
For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account.
(R)(1) Division (O) or (P) of this section does not
prohibit
a campaign committee from making direct advance or post
payment
from contributions to vendors for goods and services for
which
reimbursement is permitted under division (O) of this
section,
except that no campaign committee shall pay its
candidate or other
beneficiary for services personally performed
by the candidate or
other beneficiary.
(2) If any expense that may be reimbursed under division
(O),
(P), or (Q) of
this section is part of other expenses that
may not
be paid or reimbursed, the separation of the two types of
expenses
for the purpose of allocating for payment or
reimbursement those
expenses that may be paid or reimbursed may
be
by any reasonable
accounting method, considering all of the
surrounding
circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that
allowed
by the internal revenue service at the time the travel
occurs may
be paid instead of reimbursement for actual travel
expenses
allowable.
(S)(1) As used in division (S) of this section:
(a)
"State elective office" has the same meaning as in
section
3517.092 of the Revised Code.
(b)
"Federal office" means a federal office as defined in
the
Federal Election Campaign Act.
(c)
"Federal campaign committee" means a principal campaign
committee
or authorized committee as defined in the Federal
Election
Campaign Act.
(2) No person who is a candidate for state elective office
and
who
previously sought nomination or election to a federal
office shall transfer
any
funds or assets from that person's
federal campaign committee for nomination
or election
to the
federal office to that person's campaign committee as a candidate
for
state
elective office.
(3) No campaign committee of a person who is a candidate for
state
elective office and who previously sought nomination or
election to a federal
office shall accept any funds or assets from
that person's federal campaign
committee for that person's
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102
of the Revised Code, a
state or county political
party shall not disburse
moneys from any account other than a
state candidate fund to make
contributions to any of the
following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of
governor,
lieutenant governor, secretary of state, auditor of
state, treasurer of state,
attorney general, member of the state
board of education, or member of the
general assembly.
(2) No state candidate fund, legislative campaign fund, or
campaign committee
of a candidate for any office described in
division (T)(1)(c) of this section
shall knowingly accept a
contribution in violation of division (T)(1)
of this section.
(U) No person shall fail to file a statement required
under
section 3517.12
of the Revised Code.
(V) No campaign committee shall fail to file a statement
required
under division (K)(3) of section 3517.10 of the Revised
Code.
(W)(1) No foreign national shall, directly or indirectly
through
any other person or entity, make a contribution,
expenditure, or independent
expenditure or promise, either
expressly or implicitly, to make a
contribution, expenditure, or
independent expenditure in support of or
opposition to a candidate
for any elective office in this state, including an
office of a
political party.
(2) No candidate, campaign committee, political action
committee, political contributing entity,
legislative campaign
fund, state candidate
fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or
independent expenditure from a foreign national.
The secretary of state
may direct any candidate,
committee,
entity, fund,
or party that accepts a contribution,
expenditure,
or
independent expenditure in violation of this
division to return
the contribution, expenditure, or independent
expenditure or, if
it is not possible to return the contribution, expenditure,
or
independent expenditure, then to return instead the value of it,
to
the contributor.
(3) As used in division (W) of this section,
"foreign
national" has the same
meaning as in
section 441e(b) of the
Federal
Election Campaign
Act.
(X)(1) No state or county political party shall transfer any
moneys from its restricted fund to any account of the political
party into which contributions may be made or from which
contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a
contribution or contributions that it receives into its restricted
fund.
(b) No state or county political party shall make a
contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift
or gifts from the corporation's or labor organization's money or
property aggregating more than ten thousand dollars to any one
state or county political party for the party's restricted fund in
a calendar year.
(b) No state or county political party shall accept a gift or
gifts for the party's restricted fund aggregating more than ten
thousand dollars from any one corporation or labor organization in
a calendar year.
(4) No state or county political party shall transfer any
moneys in the party's restricted fund to any other state or county
political party.
(5) No state or county political party shall knowingly fail
to file a statement required under section 3517.1012 of the
Revised Code.
(Y)(1)(a) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to any individual, partnership or other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust, if any of the
following has made, as an individual, within the two previous
calendar years twenty-four months, one or more contributions
totaling in excess of
one thousand dollars to the campaign
committee of the governor or
lieutenant governor or to the
campaign committee of any candidate
for the office of governor or
lieutenant governor:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(Y)(1)(a)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (Y)(1)(a)(i) to (vi)
of this section.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to any individual, partnership or other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust if any combination of
the following has made, within the two previous calendar years
twenty-four months,
one or more contributions totaling in excess
of two thousand
dollars to the campaign committee of the governor
or lieutenant
governor or to the campaign committee of any
candidate for the
office of governor or lieutenant governor:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(Y)(1)(b)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (Y)(1)(b)(i) to (vi)
of this section;
(ix) Any political action committee affiliated with the
partnership or other unincorporated business, association, estate,
or trust.
(2)(a) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded a
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to any
individual, partnership or other unincorporated business,
association, including, without limitation, a professional
association organized under Chapter 1785. of the Revised Code,
estate, or trust, none of the following shall, beginning on the
date the contract is awarded and extending until one year
following the conclusion of that contract, make one or more
contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to
the campaign committee of any candidate for the office of governor
or lieutenant governor:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(Y)(2)(a)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (Y)(2)(a)(i) to (vi)
of this section.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded a
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to any
individual, partnership or other unincorporated business,
association, including, without limitation, a professional
association organized under Chapter 1785. of the Revised Code,
estate, or trust, no combination of any of the following shall,
beginning on the date the contract is awarded and extending until
one year following the conclusion of that contract, make one or
more contributions totaling in excess of two thousand dollars to
the campaign committee of the governor or lieutenant governor or
to the campaign committee of any candidate for the office of
governor or lieutenant governor:
(ii) Any partner or owner of the partnership or other
unincorporated business;
(iii) Any shareholder of the association;
(iv) Any administrator of the estate;
(v) Any executor of the estate;
(vi) Any trustee of the trust;
(vii) The spouse of any person identified in divisions
(Y)(2)(b)(i) to (vi) of this section;
(viii) Any child seven years of age through seventeen years
of age of any person identified in divisions (Y)(2)(b)(i) to (vi)
of this section;
(ix) Any political action committee affiliated with the
partnership or other unincorporated business, association, estate,
or trust.
(3) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not enter
into any contract for the purchase of goods costing more than five
hundred dollars or services costing more than five hundred dollars
with an individual, partnership or other unincorporated business,
association, including, without limitation, a professional
association organized under Chapter 1785. of the Revised Code,
estate, or trust unless the bureau has received for that calendar
year, or the contract includes, a certification by
the
individual, partnership or other unincorporated business,
association, estate, or trust that all of the following persons,
if applicable, are in compliance with division (Y)(1) of this
section:
(b) Each partner or owner of the partnership or other
unincorporated business;
(c) Each shareholder of the association;
(d) Each administrator of the estate;
(e) Each executor of the estate;
(f) Each trustee of the trust;
(g) Each spouse of any person identified in divisions
(Y)(3)(a) to (f) of this section;
(h) Each child seven years of age to seventeen years of age
of any person identified in divisions (Y)(3)(a) to (f) of this
section;
(i) Any combination of persons identified in divisions
(Y)(3)(a) to (h) of this section.
(4)(a) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to any partnership or other
unincorporated business, association, including, without
limitation, a professional association organized under Chapter
1785. of the Revised Code, estate, or trust if a political action
committee that is affiliated with the partnership or other
unincorporated business, association, estate, or trust has made,
within the two previous calendar years twenty-four months, one or
more contributions
totaling in excess of two thousand dollars to
the campaign
committee of the governor or lieutenant governor or
to the
campaign committee of any candidate for the office of
governor or
lieutenant governor.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded any
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to any
partnership or other unincorporated business, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust, no political action committee that is affiliated with the
partnership or other unincorporated business, association, estate,
or trust shall, beginning on the date the contract is awarded and
extending until one year following the conclusion of that
contract, make one or more contributions totaling in excess of two
thousand dollars to the campaign committee of the governor or
lieutenant governor or to the campaign committee of any candidate
for the office of governor or lieutenant governor.
(Z)(1)(a) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to a corporation or business trust,
except a professional association organized under Chapter 1785. of
the Revised Code, if any of the following has made, as an
individual, within the two previous calendar years twenty-four
months, taking into
consideration only owners for all of such
period, one or more
contributions totaling in excess of one
thousand dollars to the
campaign committee of the governor or
lieutenant governor or to
the campaign committee of any candidate
for the office of governor
or lieutenant governor:
(i) An owner of more than twenty per cent of the corporation
or business trust;
(ii) A spouse of an owner of more than twenty per cent of the
corporation or business trust;
(iii) A child seven years of age through seventeen years of
age of an owner of more than twenty per cent of the corporation or
business trust.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to a corporation or business trust,
except a professional association organized under Chapter 1785. of
the Revised Code, if any combination of the following has made,
within the two previous calendar years twenty-four months, taking
into consideration
only owners for all of that period, one or
more contributions
totaling in excess of two thousand dollars to
the campaign
committee of the governor or lieutenant governor or
to the
campaign committee of any candidate for the office of
governor or
lieutenant governor:
(i) Owners of more than twenty per cent of the corporation or
business trust;
(ii) Spouses of owners of more than twenty per cent of the
corporation or business trust;
(iii) Children seven years of age through seventeen years of
age of owners of more than twenty per cent of the corporation or
business trust;
(iv) Any political action committee affiliated with the
corporation or business trust.
(2)(a) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded a
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to a
corporation or business trust, except a professional association
organized under Chapter 1785. of the Revised Code, none of the
following shall, beginning on the date the contract is awarded and
extending until one year following the conclusion of that
contract, make one or more contributions totaling in excess of one
thousand dollars to the campaign committee of the governor or
lieutenant governor or to the campaign committee of any candidate
for the office of governor or lieutenant governor:
(i) An owner of more than twenty per cent of the corporation
or business trust;
(ii) A spouse of an owner of more than twenty per cent of the
corporation or business trust;
(iii) A child seven years of age through seventeen years of
age of an owner of more than twenty per cent of the corporation or
business trust.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded a
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to a
corporation or business trust, except a professional association
organized under Chapter 1785. of the Revised Code, no combination
of any of the following shall, beginning on the date the contract
is awarded and extending until one year following the conclusion
of that contract, make one or more contributions totaling in
excess of two thousand dollars to the campaign committee of the
governor or lieutenant governor or to the campaign committee of
any candidate for the office of governor or lieutenant governor:
(i) Owners of more than twenty per cent of the corporation or
business trust;
(ii) Spouses of owners of more than twenty per cent of the
corporation or business trust;
(iii) Children seven years of age through seventeen years of
age of owners of more than twenty per cent of the corporation or
business trust;
(iv) Any political action committee affiliated with the
corporation or business trust.
(3) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not enter
into any contract for the purchase of goods costing more than five
hundred dollars or services costing more than five hundred dollars
with a corporation or business trust, except a professional
association organized under Chapter 1785. of the Revised Code,
unless the bureau has received for that calendar year, or the
contract includes, a certification by the corporation or
business
trust that all of the following persons, if applicable,
are in
compliance with division (Z)(1) of this section:
(a) Each owner of more than twenty per cent of the
corporation or business trust;
(b) Each spouse of an owner of more than twenty per cent of
the corporation or business trust;
(c) Each child seven years of age to seventeen years of age
of an owner of more than twenty per cent of the corporation or
business trust;
(d) Any combination of persons identified in divisions
(Z)(3)(a) to (c) of this section.
(4)(a) Subject to divisions (L), (M)(2), and (N) of this
section, the administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
business with or award any contract for the purchase of goods
costing more than five hundred dollars or services costing more
than five hundred dollars to any corporation or business trust,
except a professional association organized under Chapter 1785. of
the Revised Code, if a political action committee that is
affiliated with the corporation or business trust has made, within
the two previous calendar years twenty-four months, one or more
contributions
totaling in excess of two thousand dollars to the
campaign
committee of the governor or lieutenant governor or to
the
campaign committee of any candidate for the office of
governor or
lieutenant governor.
(b) Subject to divisions (L), (M)(2), and (N) of this
section, if the administrator of workers' compensation or the
employees of the bureau of workers' compensation has awarded any
contract for the purchase of goods costing more than five hundred
dollars or services costing more than five hundred dollars to any
corporation or business trust, except a professional association
organized under Chapter 1785. of the Revised Code, no political
action committee that is affiliated with the corporation or
business trust shall, beginning on the date the contract is
awarded and extending until one year following the conclusion of
that contract, make one or more contributions totaling in excess
of two thousand dollars to the campaign committee of the governor
or lieutenant governor or to the campaign committee of any
candidate for the office of governor or lieutenant governor.
(AA) No individual, partnership or other incorporated
business, association, estate, trust, corporation, or business
trust shall knowingly make a false statement on a certification
required under division (I)(3), (J)(3), (Y)(3), or (Z)(3) of this
section.
Sec. 3517.992. This section establishes penalties only with
respect to
acts
or failures to act that occur on and after August
24,
1995.
(A)(1) A candidate whose campaign committee
violates
division
(A), (B), (C),
(D), or (V) of section 3517.13 of the
Revised Code,
or
a
treasurer of a campaign committee
who violates
any of those
divisions, shall be fined not more than one hundred
dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 of the
Revised Code shall be fined not
more than one
hundred dollars for
each day of violation.
(B) A political party that violates division
(F)(1) of
section 3517.101 of the Revised
Code shall be fined not more than
one hundred dollars for
each day of violation.
(C) Whoever violates division (F)(2) of
section 3517.101 or
division (G) of section 3517.13 of
the Revised Code shall be fined
not more than ten
thousand dollars or, if the offender is a person
who was nominated or elected
to public
office, shall forfeit the
nomination or the office to which the offender was
elected, or
both.
(D) Whoever violates division (F) of
section 3517.13 of the
Revised Code shall be
fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of
section 3517.13 of the
Revised Code shall be
fined not more than one hundred dollars.
(F) Whoever violates division (O),
(P), or (Q) of section
3517.13 of the
Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a
political party that
violates division (B)(1) of section
3517.18 of the Revised Code
shall be fined not
more than twice the amount of the improper
expenditure.
(H) A state or county political party that
violates division
(G) of section 3517.101 of the
Revised Code shall be fined not
more than twice
the amount of the improper expenditure or use.
(I)(1) Any individual who violates division
(B)(1) of
section
3517.102 of the Revised
Code and knows that the
contribution the
individual
makes violates that division
shall be
fined an amount
equal to three times the
amount contributed in
excess of the
amount permitted by that
division.
(2) Any political action committee that violates
division
(B)(2) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount contributed in excess of
the amount
permitted by that division.
(3) Any campaign committee that violates division
(B)(3) or
(5) of section 3517.102 of the
Revised Code
shall be fined an
amount equal to three times the amount
contributed in excess
of
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the
Revised Code shall
be fined an
amount equal to three times the amount transferred or
contributed
in excess of the amount permitted by
that division, as applicable.
(b) Any state political party, county political party, or
state
candidate fund of a state political party or county
political party that
violates division (B)(6) of section 3517.102
of the Revised
Code shall be fined an amount equal to three times
the amount
transferred or contributed in excess of the amount
permitted by that
division, as applicable.
(c) Any political contributing entity that violates division
(B)(7) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an
amount
equal to three times the amount contributed in excess of the
amount
permitted by that division.
(6) Notwithstanding divisions (I)(1), (2), (3),
(4), and (5)
of this section, no violation of
division (B) of section 3517.102
of the
Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the
amount
transferred or contributed in excess of the
amount permitted by
that division meets either of the following
conditions:
(a) It is completely refunded within five business days
after
it
is accepted.
(b) It is completely refunded on
or before the tenth
business
day after notification to
the recipient of the excess
transfer or
contribution by the board of
elections or the
secretary of state
that a transfer or contribution in
excess of
the
permitted amount
has been received.
(J)(1) Any campaign committee that violates division
(C)(1),
(2), (3), or (6) of section 3517.102 of the Revised
Code shall be
fined an amount equal to three times the amount
accepted in excess
of the amount permitted by that division.
(2)(a) Any county political party that violates
division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be
fined an amount equal to three times
the amount accepted.
(b) Any county political party that violates division
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be
fined an amount from its state candidate fund equal to three times
the amount accepted in excess of
the amount permitted by that
division.
(c) Any state political party that violates division
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined
an amount from its state candidate fund equal to three times the
amount accepted in excess of the amount permitted by that
division.
(3) Any legislative campaign fund that violates
division
(C)(5) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount accepted in excess of the
amount permitted
by that division.
(4) Any political action committee or political contributing
entity
that
violates division (C)(7)
of
section
3517.102 of the
Revised Code shall be fined an amount equal
to three
times the
amount accepted in excess of the amount permitted by that
division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division
(C) of section 3517.102 of
the Revised Code occurs,
and the secretary of state shall not
refer parties to the Ohio
elections commission, if the amount
transferred or contributed
in excess of the amount permitted to be
accepted by that
division
meets either of the following
conditions:
(a) It is completely refunded within five business days
after
its acceptance.
(b) It is completely refunded on or before the tenth
business
day after
notification to the recipient of the excess
transfer or
contribution by
the
board of elections or the
secretary of
state
that a transfer or contribution in excess of
the permitted amount
has been received.
(K)(1) Any legislative campaign fund that
violates
division
(F)(1) of section 3517.102 of the Revised
Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund
that violates division
(F)(2) of section 3517.102 of the
Revised Code shall give to the
treasurer of state
for deposit into the state treasury to the
credit of the Ohio
elections commission fund all excess
contributions not disposed of as required
by division (E) of
section 3517.102 of the
Revised Code.
(L) Whoever violates section 3517.105 of the Revised
Code
shall be fined one
thousand dollars.
(M)(1) Whoever solicits a contribution in violation of
section
3517.092 or violates division (B) of section 3517.09 of
the
Revised Code is
guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of
division
(B) or
(C) of section 3517.092 of the Revised Code shall
be fined an amount equal to
three times the amount accepted in
violation of either of those divisions and
shall return to the
contributor any
amount so accepted. Whoever unknowingly
accepts a
contribution in violation of division (B) or (C)
of section
3517.092
of the Revised Code shall return to the contributor any
amount so accepted.
(N) Whoever violates division (S) of
section 3517.13 of the
Revised Code shall be
fined an amount equal to three times the
amount of funds
transferred or three times the value of the assets
transferred in
violation of that division.
(O) Any campaign committee that accepts a contribution or
contributions in
violation of section 3517.108 of the Revised
Code, uses a
contribution in
violation of that section, or fails
to dispose of excess contributions in
violation of that section
shall be fined an amount equal to three times the
amount accepted,
used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative
candidate
fund, or
campaign committee that violates
division (T)
of section 3517.13 of
the
Revised Code shall be fined
an amount
equal to three times
the amount
contributed or accepted
in
violation of that section.
(Q) A treasurer of a committee or another
person who
violates
division (U) of section 3517.13 of
the Revised Code shall
be fined
not more than two
hundred fifty dollars.
(R)(1) Whoever violates division (I)(1), (I)(4)(a),
(J)(1),
(J)(4)(a), (Y)(1), (Y)(4)(a), (Z)(1), or (Z)(4)(a) of
section
3517.13
of the Revised
Code shall be fined not more than
one
thousand
dollars. Whenever a person is found guilty of
violating
any of those divisions, the contract
awarded in violation
of
the
applicable division shall be
rescinded if its terms have
not yet
been performed.
(2) Whoever violates division (I)(2), (I)(4)(b), (J)(2),
(J)(4)(b), (Y)(2), (Y)(4)(b), (Z)(2), or (Z)(4)(b) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount contributed in excess of the amount
permitted by the applicable division. Whenever a person is found
guilty of violating any of those divisions, any contract that
makes the person subject to the applicable division may be
rescinded at the discretion of the elections commission.
(3) Whoever violates division (AA) of section 3517.13 of the
Revised Code is guilty of a felony of the fifth degree, and the
any
contract that includes, or is dependent upon, the
certification made in violation of that
division shall be
rescinded.
(4) Notwithstanding divisions (R)(1), (2), and (3) of this
section, no fine shall be imposed and no contract shall be
rescinded if the amount contributed in excess of the amount
permitted under division (I), (J), (Y), or (Z) of section 3517.13
of the Revised Code, as applicable, meets both of the following
conditions:
(a) It is contributed after the award of the contract for the
purchase of goods or services;
(b) Either of the following applies:
(i) It is completely refunded within five business days after
it is accepted;
(ii) It is completely refunded on or before the tenth
business day after knowledge by the recipient of the excess
contribution or notification to the recipient of the excess
contribution by the board of elections or the secretary of state
that a contribution in excess of the permitted amount has been
received, whichever is earlier.
(S) A candidate whose campaign committee
violates or a
treasurer of a campaign committee who violates
section 3517.081 of
the Revised Code,
and a candidate whose campaign committee
violates or a treasurer
of a campaign committee or another
person
who violates division
(C) of section 3517.10 of
the Revised Code,
shall be fined not
more than
five hundred dollars.
(T) A candidate whose campaign committee
violates or a
treasurer of a committee who
violates division (B) of section
3517.09 of the Revised Code, or a candidate
whose campaign
committee
violates or a treasurer of a campaign committee or
another person who violates division
(C) of section 3517.09 of
the
Revised Code
shall be fined not more than one thousand
dollars.
(U) Whoever violates section 3517.20 of the
Revised Code
shall be fined not more than five
hundred dollars.
(V) Whoever violates section 3517.21 or 3517.22
of the
Revised Code shall be imprisoned for not
more than six months or
fined not more than five thousand
dollars, or both.
(W) A campaign committee that is
required to file a
declaration of no limits under division
(D)(2)
of section 3517.103
of the
Revised Code that, before filing that
declaration, accepts
a contribution or contributions that exceed
the limitations
prescribed in section 3517.102 of the
Revised Code, shall return
that
contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the
declaration
of
filing-day finances required by division (F) of
section
3517.109 or
the declaration of primary-day finances or
declaration
of year-end finances
required by division (E) of
section 3517.1010
of the Revised
Code shall be fined twenty-five
dollars for each
day of
violation.
(Y) Any campaign committee that fails to dispose of excess
funds
or excess aggregate contributions under division (B) of
section
3517.109 of the Revised Code in the manner required by
division (C) of that section
or under division (B) of section
3517.1010 of the Revised Code in the manner
required by division
(C) of that section shall give to the treasurer
of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the
Revised Code
all
funds not
disposed of pursuant to those divisions.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political
party, or other entity that
violates any provision
of sections 3517.09 to 3517.12 of the Revised
Code for which no
penalty is provided for under any other division of
this section
shall be fined not more than one thousand
dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of
section
3517.13 of the Revised Code shall be fined an amount equal
to
three times the amount contributed, expended, or promised in
violation of that
division or ten thousand dollars, whichever
amount is
greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13
of the Revised Code shall be fined an amount equal to
three
times the amount solicited or accepted in violation of that
division or ten
thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(1) Whoever solicits or directs a contribution in
violation of division (B) of section 3517.093 of the Revised Code
is guilty of a misdemeanor of the first degree.
(2) Whoever accepts a contribution in violation of division
(C) of section 3517.093 of the Revised Code shall return to the
contributor any amount so accepted.
Sec. 3599.17. (A) No elections official serving as a
registrar, or judge, or clerk of elections shall
do any of the
following:
(1) Fail to
appear before the board of elections, or its
representative, after notice has
been served personally upon the
official
or left at the official's usual place
of residence, for
examination as to the official's
qualifications;
(2) Fail to appear at the polling place to which
the official
is assigned at the hour and during the
hours set for the
registration or election;
(3) Fail to take the oath prescribed by section
3501.31 of
the Revised Code, unless excused by such board;
(4) Refuse or
sanction the refusal of another registrar or
judge of elections to administer
an oath required by law;
(5) Fail to send notice to the board of the
appointment of a
judge or clerk to fill a vacancy;
(6) Act as registrar, or judge,
or clerk without having been
appointed and having received a certificate of
appointment, except
a judge or clerk appointed to fill a vacancy caused by
absence or
removal;
(7) Fail in any other way to perform any duty imposed by
law.
(B) Whoever violates division (A) of this section
is guilty
of a misdemeanor of the first degree.
Sec. 3599.19. (A) No judge or clerk of elections shall
knowingly do any of the following:
(1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and
other papers and material to be used in an election;
(2) Unlawfully misplace, carry away, negligently lose or
permit to be
taken from the judge or clerk, fail to deliver, or
destroy
any such packages, papers, or material;
(3) Receive or sanction the
reception of a ballot from a
person not a qualified elector or
from a person who refused to
answer a question in accordance with
the election law;
(4) Refuse to receive or sanction the rejection
of a ballot
from a person, knowing that person to be a
qualified elector;
(5) Permit a fraudulent ballot to be placed in the
ballot
box;
(6) Place or permit to be placed in any ballot box any
ballot
known by the judge or clerk to be improperly or
falsely marked;
(7) Count or permit to be counted any illegal or
fraudulent
ballot;
(8) Mislead an elector who is physically unable to prepare
the elector's ballot, mark a ballot for
such elector otherwise
than
as
directed by that elector, or disclose to any person,
except
when legally
required to do so, how such elector voted;
(9) Alter or mark or permit any alteration or marking on any
ballot when counting the ballots;
(10) Unlawfully count or tally or sanction the wrongful
counting or tallying of votes;
(11) After the counting of votes
commences, as required by
law, postpone or sanction the
postponement of the counting of
votes, adjourn at any time or to
any place, or remove the ballot
box from the place of voting, or
from the custody or presence of
all the judges and clerks of such
elections;
(12) Permit any ballot to remain or to be in the ballot
box
at the opening of the polls, or to be put in the box
during the
counting of the ballots, or to be left in the box
without being
counted;
(13) Admit or sanction the admission to the polling room
at
an election during the receiving, counting, and certifying of
votes of any person not qualified by law to be so admitted;
(14) Refuse to admit or sanction the refusal to admit any
person, upon
lawful request for admission, who is legally
qualified
to be present;
(15) Permit or sanction the counting of the ballots contrary
to the
manner prescribed by law;
(16) Neglect or unlawfully
execute any duty enjoined upon the
judge or clerk by law.
(B) Whoever violates division (A) of this section
is guilty
of a
misdemeanor of the first degree.
Sec. 3599.37. (A) No person having been subpoenaed or
ordered to
appear before a
grand jury, court, board, or officer in
a proceeding or prosecution upon a
complaint, information,
affidavit, or indictment for an offense under an
election law
shall do either of the following:
(1) Fail to appear or, having appeared, refuse to answer a
question pertinent to the matter under inquiry or investigation;
(2) Refuse to
produce, upon reasonable notice, any material,
books, papers, documents, or
records in that person's possession
or under
that person's control.
(B) Whoever violates division (A) of this section, unless the
violator claims personally appears before the grand jury, court,
board, or officer and asserts the protection of
the violator's
constitutional rights, is guilty of a misdemeanor of
the
first
degree.
Sec. 3701.047. (A) As used in this section:
(1) "Federally qualified health center" means a health center
that receives a federal public health services grant under the
"Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as
amended, or another health center designated by the U.S. Health
Resources and Services Administration as a federally qualified
health center.
(2) "Federally qualified health center look-alike" means a
public or not-for-profit health center that meets the eligibility
requirements to receive a federal public health services grant
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.
254b, as amended, but does not receive grant funding.
(B) The department of health may enter into an agreement with
the state's primary care association to promote the establishment
of new federally qualified health centers and federally qualified
health center look-alikes.
The department and the association may assist local
communities and community health centers by providing grants and
grant writing assistance to establish health centers as defined in
42 U.S.C. 254b, regardless of whether the health centers apply for
a grant under that section.
Sec. 3701.135. (A) The autism diagnosis education pilot
program is hereby established in the department of health. The
program shall have the following goals:
(1) To educate health care professionals, teachers and other
educational personnel, child care providers, parents, early
intervention and developmental disabilities providers, and other
community-based services providers in this state regarding the
diagnosis of autism spectrum disorders, including the range of
symptoms that may indicate autism spectrum disorders and screening
tools;
(2) To promote appropriate standards for the diagnosis of
autism spectrum disorders in children, including screening tools
and treatment planning for children diagnosed with autism spectrum
disorders;
(3) To encourage physicians and other health care
professionals with expertise in screening, diagnosing, and
treating autism spectrum disorders to share that information with
other health care professionals in this state;
(4) To encourage the regional coordination of services to
facilitate the effective, timely treatment of children diagnosed
with autism spectrum disorders.
(B) The director of health shall contract with a statewide
association representing pediatric physicians to conduct or
administer the autism diagnosis education pilot program.
Sec. 3701.74. (A)
As used in this section and section
3701.741 of the Revised Code:
(1)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory care facility" does not include the
private
office of
a physician or dentist, whether the office is
for an
individual or
group practice.
(2) "Chiropractor" means an individual licensed
under
Chapter
4734. of the Revised Code to practice chiropractic.
(3) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(4)
"Health care practitioner" means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse licensed
under
Chapter 4723. of the Revised Code;
(c) An optometrist licensed under Chapter 4725. of the
Revised Code;
(d) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(e) A pharmacist licensed under Chapter 4729. of the
Revised
Code;
(g) A physician assistant authorized under
Chapter 4730. of
the Revised Code to practice as a physician assistant;
(h) A practitioner of a limited branch of medicine issued
a
certificate under Chapter 4731. of the Revised Code;
(i) A psychologist licensed under Chapter 4732. of the
Revised Code;
(k) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(l) A speech-language pathologist or audiologist licensed
under
Chapter 4753. of the Revised Code;
(m) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(n) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(o) A professional clinical counselor, professional
counselor,
social worker, or
independent social worker licensed,
or a social
work assistant registered, under Chapter 4757. of the
Revised Code;
(p) A dietitian licensed under Chapter 4759. of the
Revised
Code;
(q) A respiratory care professional licensed under
Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency
medical
technician-intermediate, or emergency medical
technician-paramedic
certified under Chapter 4765. of the Revised
Code.
(5) "Health care provider"
means a hospital, ambulatory
care
facility, long-term
care facility, pharmacy, emergency
facility,
or health care
practitioner.
(6) "Hospital" has the same meaning as in section 3727.01
of
the Revised Code.
(7)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(8) "Medical record" means data in any form that pertains
to
a patient's medical history,
diagnosis, prognosis, or medical
condition and that is generated
and maintained by a health care
provider
in the process of the patient's health care
treatment.
(9) "Medical records company" means a person who stores,
locates,
or copies medical records for a health care provider,
or
is compensated for doing so by a health care provider, and
charges
a fee for providing medical records to a
patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health
care treatment from a
health care provider;
(b) A guardian, as defined in
section 1337.11 of the Revised
Code, of an individual
described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor
patient's parent or other person acting in loco parentis, a
court-appointed guardian, or a person with durable power of
attorney for health care for a patient, the executor
or
administrator of
the patient's estate, or the person responsible
for the patient's estate if it
is not to be probated. "Patient's
personal
representative" does not include an insurer
authorized
under Title
XXXIX of the Revised Code to do the business of
sickness and
accident insurance in this state, a health insuring
corporation
holding a certificate of authority under Chapter 1751.
of the
Revised Code, or any other person not named in this
division.
(12)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery,
or
podiatric medicine
and
surgery.
(14) "Authorized person" means a person to whom a patient has
given written authorization to act on the patient's behalf
regarding the patient's medical record.
(B) A patient, a patient's personal representative or an
authorized person who wishes to
examine
or obtain a copy of
part
or all of a medical record
shall
submit to the
health care
provider
a
written request
signed by
the patient, personal
representative, or authorized person dated not more
than sixty
days one year
before the
date on
which it is submitted.
The
request shall indicate
whether the copy is to be sent to
the
requestor,
physician or chiropractor, ,
or held
for the
requestor
at the office of the
health care
provider. Within a
reasonable
time after
receiving a request that
meets the
requirements of this
division
and includes sufficient
information
to identify the
record
requested, a health care
provider
that has
the patient's
medical records
shall permit the
patient to
examine
the
record
during regular business hours
without charge
or, on
request, shall
provide a
copy of
the record
in accordance
with
section 3701.741
of the
Revised Code, except
that if a
physician or chiropractor
who has treated the
patient
determines for
clearly
stated
treatment reasons that
disclosure of
the requested record
is
likely to have an adverse
effect on the
patient, the
health
care
provider
shall provide the record to a
physician or
chiropractor
designated by
the
patient. The health
care provider
shall take
reasonable steps to establish
the
identity of the
person making
the request to
examine or obtain a
copy of
the
patient's record.
(C) If a health care provider
fails
to
furnish a medical
record as required by division (B) of this
section, the
patient,
personal representative, or authorized person
who requested the
record may bring a
civil action to enforce the
patient's right of
access to the
record.
(D)(1) This section does not apply to medical
records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347.
or 5122. of the Revised Code, by 42 C.F.R.
part 2, "Confidentiality of Alcohol and Drug
Abuse Patient
Records," or by 42
C.F.R.
483.10.
(2) Nothing in this section is intended to
supersede the
confidentiality provisions of sections 2305.24, 2305.25,
2305.251,
and 2305.252 of the
Revised Code.
Sec. 3701.741. (A) Through December 31, 2008, each
health
care provider and medical records
company shall provide copies of
medical records in accordance with this
section.
(B) Except as provided in divisions (C) and (E)
of this
section, a health care provider
or medical records company that
receives a request for a copy of a patient's
medical record shall
charge not more than the amounts set forth in this section.
(1) If the request is made by the patient or the patient's
personal representative, total
costs for copies and all services
related to those copies shall
not
exceed the sum of the following:
(a) With respect to data recorded on paper, the following
amounts:
(i) Two dollars and fifty cents per page for the first ten
pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher;
(b) With respect to data recorded other than on paper, one
dollar and seventy cents per page;
(c) The actual cost of any related postage incurred by the
health care provider or medical records company.
(2) If the request is made other than by the patient or the
patient's personal representative, total costs for copies and all
services related to those copies shall not exceed the sum of the
following:
(a) An initial fee of fifteen dollars and thirty-five cents,
which shall
compensate for the
records search;
(b) With respect to data recorded on paper,
the following
amounts:
(i) One dollar and two cents per page for the first ten
pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher.
(c) With respect to data recorded other than on paper, one
dollar and seventy cents per page;
(d) The actual cost of any related postage incurred by the
health care
provider or medical records company.
(C)(1) A health care provider or medical records company
shall
provide one copy without charge to the following:
(a) The bureau of workers' compensation, in accordance with
Chapters 4121. and 4123. of the Revised Code and the rules adopted
under those
chapters;
(b) The industrial commission, in accordance with Chapters
4121.
and 4123. of the Revised Code and the rules adopted under
those chapters;
(c) The department of job and family services or a county
department of job and family services, in accordance
with
Chapter
Chapters 5101. and 5111. of the Revised Code and the rules adopted
under
those chapters;
(d) The attorney general, in accordance with sections 2743.51
to 2743.72 of the Revised Code and any rules that may be adopted
under those sections;
(e) A patient or patient's personal representative if
the
medical
record is necessary to support a claim under Title
II or
Title XVI
of the "Social Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A. 401
and 1381, as amended, and the request
is accompanied
by
documentation that a claim has been filed.
(2) Nothing in division (C)(1) of this section requires a
health care provider or medical records company to provide a copy
without charge to any person or entity not listed in division
(C)(1) of this section.
(D) Division (C) of this section shall not be construed
to
supersede any rule of the bureau of workers' compensation, the
industrial
commission, or the department of job and family
services.
(E) A health care provider or medical
records company may
enter into a contract with either of the following for
the copying
of medical records at a fee other
than as provided in division
(B)
of this section:
(1) A patient, a patient's personal representative, or an
authorized person;
(2) An insurer authorized under Title XXXIX of the Revised
Code to do the business of sickness and accident insurance in this
state or health insuring corporations holding a certificate of
authority under Chapter 1751. of the Revised Code.
(F) This section does not apply to medical records the
copying of
which is covered by
section 173.20 of the Revised Code
or by 42
C.F.R. 483.10.
Sec. 3702.52. The director of health shall administer
a
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under
those sections.
(A) The director shall issue rulings on whether a
particular
proposed project is a reviewable activity. The
director shall
issue a ruling not later than forty-five days after
receiving a
request for a ruling accompanied by the information
needed to make
the ruling. If the director does not issue a
ruling in that time,
the project shall be considered to
have been ruled not a
reviewable activity.
(B) The director shall review applications for
certificates
of need. Each application shall be submitted to the
director on
forms prescribed by the director, shall include all
information
required by rules adopted under division (B) of
section 3702.57 of
the Revised Code, and shall be accompanied by
the application fee
established in rules adopted under division
(G) of that section.
Application
Application fees received by the director
under this division
shall be deposited into the state treasury to
the credit of the
certificate of need fund, which is hereby
created. The director
shall use the fund only to pay the costs
of administering sections
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised
Code
and rules adopted under those sections.
The director shall mail to the applicant a written notice
that the application
meets the criteria for a complete application
specified in rules adopted under
section 3702.57 of the Revised
Code, or a written request for additional
information, not later
than fifteen thirty days after
receiving an application or a
response to an earlier request for information.
The director
shall not make more than two requests for additional information.
The director may conduct a public informational hearing in
the course of
reviewing any application for a certificate of need,
and shall conduct one if
requested to do so by any affected person
not later than fifteen days after
the director mails the notice
that the application is complete. The hearing
shall be conducted
in the community in which the activities authorized by the
certificate of need would be carried out. Any affected person may
testify at
the hearing. The director may, with the health service
agency's consent,
designate a health service agency to conduct the
hearing.
Except during a public hearing or as necessary to comply
with
a subpoena issued under division
(F) of this section, after a
notice of completeness has been received, no person shall
knowingly discuss in
person or by telephone the
merits of the
application with the director. If one or more persons request a
meeting in person or by telephone, the
director shall make a
reasonable effort to invite interested parties to the
meeting or
conference call.
(C) Divisions (C)(1) to (7) of this
section apply to
certificate of need applications for
which the
director had not
issued a written decision prior to April 20,
1995, unless the
director
was required, under the version of this section in effect
immediately prior to
June 30,
1995, to grant a certificate of
need
prior to June
30, 1995, because of a
lack of written objections
from any affected person. Divisions
(C)(1) to (7) of this section
do not invalidate any certificate of need that the director was
required to grant prior to
June 30, 1995, under that circumstance.
(1) The All of the following apply to the process of granting
or denying a certificate of need:
(1) If the project proposed in a certificate of need
application meets all of the applicable certificate of need
criteria for approval under sections 3702.51 to 3702.62 of the
Revised Code and the rules adopted under those sections, the
director shall grant a certificate of need
for the entire project
that is the subject of the application immediately
after both of
the following conditions are
met:
(a) The board of trustees of the
health service agency of the
health service area in which the
reviewable activity is proposed
to be conducted recommends,
prior to the deadline specified in
division
(C)(4) of this section or any extension of it under
division (C)(5) of this
section, that the certificate of need be
granted;
(b) The director receives no does not receive any written
objections to the application from any
affected person by the
later of May 20, 1995, or thirty days thirtieth day after the
director mails the notice of completeness.
(2) In the case of certificate of need applications under
comparative review, if the projects proposed in the applications
meet all of the applicable certificate of need criteria for
approval under sections 3702.51 to 3702.62 of the Revised Code and
the rules adopted under those sections, the director shall
grant
certificates of need for the entire projects that are the subject
of the
applications immediately after both of the following
conditions are met:
(a) The board of trustees of the health service agency of
each health service
area in which the reviewable activities are
proposed to be conducted
recommends, prior to the deadline
specified in division (C)(4) of this section
or any extension of
it under division (C)(5) of this section, that
certificates of
need be granted for each of the reviewable activities to be
conducted in its health service area;
(b) The director receives no does not receive any written
objections to any of the applications
from any affected person by
the later of May 20, 1995, or thirty days thirtieth day after
the
director mails the last notice of completeness.
The director's grant of a certificate of need under division
(C)(1) or (2) of
this section does not affect, and sets no
precedent for, the director's
decision to grant or deny other
applications for similar reviewable activities
proposed to be
conducted in the same or different health service areas.
(3) If the director receives written
objections to an
application from any affected person
by the later of May 20,
1995,
or thirty days thirtieth day after mailing the notice of
completeness,
regardless of the health service agency's
recommendation, the director
shall notify
the applicant and assign
a hearing examiner to conduct an adjudication hearing
concerning
the application in accordance with
Chapter 119. of the
Revised
Code. In the case of applications under comparative
review, if the
director receives written
objections to any of
the applications
from any affected person by the later of May 20,
1995, or thirty
days thirtieth day after the
director mails the last notice of
completeness, regardless of the health service agencies'
recommendation, the
director shall
notify all of the applicants
and appoint a hearing examiner to conduct a
consolidated
adjudication hearing concerning the applications in accordance
with Chapter 119. of the
Revised Code. The hearing examiner shall
be employed by or
under contract with the
department of health.
The adjudication hearings may be conducted in the
health
service area in which the reviewable activity is proposed to be
conducted. Consolidated
adjudication hearings for applications in
comparative review may be conducted in the geographic region in
which all of
the reviewable activities will be conducted. The
applicant, the director, and
the affected persons that filed
objections to the application shall be parties
to the hearing. If
none of the affected persons that submitted written
objections to
the
application appears or prosecutes the hearing, the hearing
examiner shall dismiss the hearing and the director shall grant
a
certificate of need for the entire project that is the subject
of
the application if the proposed project meets all of the
applicable certificate of need criteria for approval under
sections 3702.51 to 3702.62 of the Revised Code and the rules
adopted under those sections. The affected persons bear the burden
of
proving by a preponderance of evidence that the project is not
needed or that granting the certificate would not be in
accordance
with sections 3702.51 to 3702.62 of the
Revised Code or the rules
adopted under section 3702.57 of
the Revised Code those sections.
(4) Except as provided in divisions
(C)(1) and (2) of this
section,
the director shall grant or deny certificate of need
applications for which an adjudication hearing is not conducted
under division (C)(3) of this
section not later than ninety sixty
days after mailing the notice of
completeness or, in the case of
an application proposing
addition of long-term care beds, not
later than ninety sixty days
after such other time as is specified
in rules adopted under
section 3702.57 of the Revised
Code. The
director shall grant or deny certificate of
need
applications for
which an
adjudication hearing is conducted under division
(C)(3)
of this section not later than thirty
days after the expiration of
the time for filing objections to the report and
recommendation of
the hearing examiner under section 119.09 of the Revised
Code. The
director shall base decisions concerning applications
for which an
adjudication hearing is conducted under division
(C)(3) of this
section on the
report and recommendations of the hearing examiner.
(5) Except as otherwise provided in division
(C)(1), (2), or
(6) of this section, the
director or
the applicant
may extend the
deadline prescribed in division
(C)(4) of this section
once, for
no longer than thirty days, by written notice before
the end of
the original thirty-day period. An extension by the director
under
division (C)(5) of this section shall apply
to all applications
that are in
comparative review.
(6) No applicant in a comparative review may extend the
deadline specified in
division (C)(4) of this section.
(7) Except as provided in divisions
(C)(1) and (2) of this
section, the director may grant a
certificate of need for all or
part of the project that is the
subject of an application. If the
director does not grant or
deny the certificate by the applicable
deadline specified in division (C)(4) of this
section or any
extension of it under division (C)(5) of this
section, the
certificate shall be
considered to have been granted. The
director, in
reviewing
certificate of need applications for solid
organ transplantation
services, may ask for assistance from a
statewide transplantation
advisory group consisting of qualified
professionals and
administrators. Such consultation shall not
cause the review
period for any application to be extended beyond
the applicable
deadline specified in division
(C)(4) of this
section or
any extension of it under division
(C)(5) of this
section.
(D)(8) In granting a certificate of need, the director shall
specify as the maximum capital expenditure the certificate holder
may obligate under the certificate a figure equal to one hundred
ten per cent of the approved project cost.
(E)(9) In granting a certificate of need, the director may
grant the certificate with conditions that must be met by the
holder of the certificate.
(D) The director shall monitor the activities of
persons
granted certificates of need concerning long-term care beds during
the
period beginning with the
granting of the certificate of need
and ending five years after implementation
of the activity for
which the certificate was granted.
In the case of any other certificate of need, the director
shall monitor
the activities of persons granted certificates of
need during
the period
beginning with the granting of the
certificate of need and ending when the
activity for which the
certificate was
granted ceases to be a reviewable activity in
accordance with section
3702.511 of the Revised Code.
(F)(E) When reviewing
applications for certificates of need
or monitoring activities of persons
granted certificates of need,
the director may issue and enforce, in the
manner
provided in
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the
production of documents relevant to review of the
application
or monitoring of the activities. In addition, the
director or
the director's
designee, which may include a health
service agency, may visit the sites where
the activities are or
will be conducted.
(G)(F) The director may withdraw certificates of need.
(H)(G) The director shall conduct, on a regular basis, health
system data collection and analysis activities and prepare
reports. The director shall make recommendations based upon
these
activities to the public health council concerning the
adoption of
appropriate rules under section 3702.57 of the
Revised Code. All
health care facilities and other health care
providers shall
submit to the director, upon request, any
information that is
necessary to conduct reviews of certificate
of need applications
and to develop recommendations for criteria
for reviews, and that
is prescribed by rules adopted under
division (H) of section
3702.57 of the Revised Code.
(I)(H) Any decision to grant or deny a certificate of need
shall consider the special needs and circumstances resulting from
moral and ethical values and the free exercise of religious
rights
of health care facilities administered by religious
organizations,
and the special needs and circumstances of
children's hospitals,
inner city hospitals, and small rural hospitals.
Sec. 3702.5211. Notwithstanding any conflicting provision of
sections 3702.51 to 3702.68
3702.62 of the
Revised Code,
the
veterans' home
operated
under Chapter 5907. of the Revised Code
that is located in
Sandusky, including the
Secrest nursing home
and
Giffin care
facility, is not required to
obtain a certificate
of need for the
addition of up to fifty-two additional
nursing
home beds to be
licensed under Chapter
3721. of the Revised
Code
if the additional
beds are placed in
service prior to June 30,
1999.
Sec. 3702.5212. (A) This section
applies to each long-term
care facility that meets the following
requirements:
(1) The facility has been in continuous operation for not
less than one
hundred twenty years prior to the effective date of
this section;
(2) The facility is located in an inner city area;
(3) The facility is operating as a nonprofit entity organized
under
Chapter 1702. of the
Revised Code
or the nonprofit law of
another state.
(B) Notwithstanding any conflicting provision of sections
3702.51 to
3702.68 3702.62 of the Revised
Code, the owner or
operator of a long-term
care facility described in division (A) of
this section is not required to obtain a certificate of need for
the addition
of up to thirty long-term care beds to be licensed
under
Chapter 3721. of the
Revised
Code. The exemption shall apply
only as long as the beds are owned and operated by the facility to
which the
exemption is granted.
Sec. 3702.5213. Notwithstanding any conflicting provision of
sections 3702.51 to 3702.68
3702.62 of the Revised Code, the
veterans' home
operated under Chapter 5907. of the Revised Code
that is located
in Brown
county is not required to obtain a
certificate of need
for the
addition of up to one hundred
sixty-eight additional
nursing home
beds to be licensed under
Chapter 3721. of the
Revised Code if the
additional beds are
placed in service prior to
December 31, 2004.
Sec. 3702.57. (A) The public health council shall adopt
rules establishing procedures and criteria for reviews of
applications for certificates of need and issuance, denial, or
withdrawal of certificates.
(1) The rules shall require
that, in addition to any other
applicable review
requirements of sections 3702.51 to 3702.62 of
the Revised Code
and rules adopted thereunder, any application for
a certificate
of need from an osteopathic hospital be reviewed on
the basis of
the need for and the availability in the community of
services
and hospitals for osteopathic physicians and their
patients, and
in terms of its impact on existing and proposed
institutional
training programs for doctors of osteopathy and
doctors of
medicine at the student, internship, and residency
training
levels.
(2) In adopting rules that establish criteria for reviews
of
applications of certificates of need, the council shall
consider
the availability of and need for long-term care beds to
provide
care and treatment to persons diagnosed as having
traumatic brain
injuries and shall prescribe criteria for
reviewing applications
that propose to add long-term care beds to
provide care and
treatment to persons diagnosed as having
traumatic brain injuries.
(3) The criteria for reviews of applications for
certificates
of need shall relate to the need for the reviewable
activity and
shall pertain to all of the following matters:
(a) The impact of the reviewable activity on the cost and
quality of health services in the relevant geographic area,
including, but not limited, to the historical and projected
utilization of the services to which the application pertains and
the effect of the reviewable activity on utilization of other
providers of similar services;
(b) The quality of the services to be provided as the
result
of the activity, as evidenced by the historical
performance of the
persons that will be involved in
providing the
services and by the
provisions that are proposed in the
application to ensure quality,
including but not limited to
adequate available personnel,
available ancillary and support
services, available equipment,
size and configuration of physical
plant, and relations with other
providers;
(c) The impact of the reviewable activity on the
availability
and accessibility of the type of services proposed
in the
application to the population of the relevant geographic
area, and
the level of access to the services proposed in the
application
that will be provided to medically underserved
individuals such as
recipients of public assistance and
individuals who have no health
insurance or whose health
insurance is insufficient;
(d) The activity's short- and long-term financial feasibility
and
cost-effectiveness, the impact of the activity on the
applicant's costs
and charges, and a comparison of the applicant's
costs and charges with those
of providers of similar services in
the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of
alternatives
to the reviewable activity;
(f) The impact of the activity on all other
providers of
similar services in the health service area or other
relevant
geographic area, including the impact on their
utilization, market
share, and financial status;
(g) The historical performance of the applicant
and related
or affiliated parties in complying with previously
granted
certificates of need and any applicable certification,
accreditation, or licensure requirements;
(h) The relationship of the activity to the
current edition
of the state health resources plan issued under
section 3702.521
of the Revised Code;
(i) The historical performance of the applicant
and related
or affiliated parties in providing cost-effective
health care
services;
(j) The special needs and circumstances of the
applicant or
population proposed to be served by the proposed
project,
including research activities, prevalence of particular
diseases,
unusual demographic characteristics, cost-effective
contractual
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of
the proposed
site of the activity;
(l) The participation by the applicant in
research conducted
by the United States food and
drug administration or clinical
trials sponsored by the national
institutes of health.
(4) The criteria for reviews of applications may
include
formulas for determining need
for beds and services.
(a) The criteria prescribing formulas shall not, either by
themselves or in conjunction with any established occupancy
guidelines, require, as a condition of being granted a
certificate
of need, that a hospital reduce its complement of
registered beds
or discontinue any service that is not related to
the service or
project for which the certificate of need is
sought.
(b) With respect to applications to conduct reviewable
activities that are affected directly by the inpatient occupancy
of a health care facility, including addition, relocation, or
recategorization of beds or renovation or other construction
activities relating to inpatient services, the rules shall
prescribe criteria for determining whether the scope of the
proposed project is appropriate in light of the historical and
reasonably projected occupancy rates for the beds related to the
project.
(c) Any rules prescribing criteria that establish ratios of
beds,
services,
or equipment to population shall specify the bases
for
establishing the ratios or mitigating factors or exceptions to
the ratios.
(B) The council shall adopt rules specifying all of the
following:
(1) Information that must be provided in
applications for
certificates of need, which shall include a plan for
obligating
the capital
expenditure or implementing the proposed project on a
timely
basis in accordance with section 3702.525
of the Revised
Code;
(2) Procedures for reviewing
applications for
completeness of
information;
(3) Criteria for
determining that the application is
complete.
(C) The council shall adopt rules specifying requirements
that holders of certificates of need must meet in order for the
certificates to remain valid and establishing definitions and
requirements for obligation of capital expenditures and
implementation of projects authorized by certificates of need.
(D) The council shall adopt rules establishing criteria
and
procedures under which the director of health may withdraw a
certificate of need if the holder fails to meet requirements for
continued validity of the certificate.
(E) The council shall adopt rules establishing procedures
under which the department of health shall monitor project
implementation
activities of holders of certificates of need. The
rules
adopted under this division also may establish
procedures
for monitoring implementation activities of
persons that have
received
nonreviewability
rulings.
(F) The council shall adopt rules establishing procedures
under which the director of health shall review certificates of
need whose holders exceed or appear likely to exceed
an
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate
of
need application fees sufficient to pay the costs incurred by
the
department for administering sections 3702.51
to 3702.62 of the
Revised Code and to pay health service agencies
for the functions
they perform under division (D)(5) of
section
3702.58 of the
Revised Code. Unless rules are adopted
under this division
establishing different application fees, the
application fee for a
project not involving a capital expenditure
shall be three
thousand dollars and the application fee for a
project involving a
capital expenditure shall be nine-tenths of
one per cent of the
capital expenditure proposed subject to a
minimum of three
thousand dollars and a maximum of twenty
thousand dollars.
(H) The council shall adopt rules specifying information
that
is necessary to conduct reviews of certificate of need
applications and to develop recommendations for criteria for
reviews that health care facilities and other health care
providers are to submit to the director under division
(H)(G) of
section 3702.52 of the Revised Code.
(I) The council shall adopt rules
defining "affiliated
person," "related person," and "ultimate controlling
interest" for
purposes of section 3702.524 of the
Revised Code.
(J) The council shall adopt rules
prescribing requirements
for holders of certificates of need to demonstrate to
the director
under section 3702.526 of the
Revised Code
that reasonable
progress is being made toward completion of the reviewable
activity and establishing standards by which the director shall
determine
whether reasonable progress is being made.
(K) The council shall adopt rules defining high-risk cardiac
catheterization patients. High-risk
patients shall include
patients with significant
ischemic syndromes or unstable
myocardial infarction, patients
who need intervention such as
angioplasty or bypass surgery,
patients who may require difficult
or complex catheterization
procedures such as transeptal
assessment of valvular
dysfunction, patients with critical aortic
stenosis or
congestive heart failure, and other patients specified
by the
council.
(L) The public health council shall adopt
all rules under
divisions (A) to (K) of this section in accordance with
Chapter
119. of the Revised Code. The council may adopt other
rules as
necessary to carry out the purposes of sections 3702.51
to 3702.62
of the Revised Code.
Sec. 3702.68 3702.59. (A) Notwithstanding any conflicting
provision of sections 3702.51 to
3702.62 of the Revised Code,
other than the provisions of sections 3702.5210, 3702.5211,
3702.5212, and 3702.5213 of the Revised Code, both of the
following apply under the certificate of need program:
(1) Divisions (B) to (E) of this section applies apply to the
review
of
certificate of need applications during the period
beginning
July
1, 1993, and ending
June 30,
2007 2009.
As used in this section, "existing health care facility" has
the same meaning as in section 3702.51 of the Revised Code (2)
Beginning July 1, 2009, the director of health
shall not accept
for
review under section 3702.52 of the Revised
Code any
application for a
certificate of need to recategorize
hospital
beds as described in section
3702.522 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this
section,
the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section
3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1,
2007 2009.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize
under such an application
no additional beds beyond
those being
replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this
section,
the director, during the period beginning July 1, 1993,
and ending
June 30,
2007 2009, shall not accept for
review under
section
3702.52 of the Revised Code any application
for a
certificate of
need for any of the purposes described in
divisions
(B)(1)(a) to
(c) of this section.
(2)(a) The director shall accept for review any application
for
either of the purposes described in division (B)(1)(a) or (b)
of
this section if
the proposed increase in beds is
attributable
solely to a replacement or relocation of existing
beds from an
existing health care facility within the
same county.
The director
shall authorize under
such an
application no
additional beds
beyond those being replaced or
relocated.
The director shall not approve an application for a
certificate of need for addition of long-term care beds to an
existing health care facility by relocation of beds or for the
development of a new health care facility by relocation of beds
unless all of the following conditions are met:
(i) The existing health care facility to which the beds are
being relocated has no waivers for life safety code waivers
deficiencies, no state fire code violations, and no state building
code violations, or the project identified in the application
proposes to correct all life safety code deficiencies for which a
waiver has been granted, all state fire code violations, and all
state building code violations at the existing health care
facility to which the beds are being relocated;
(ii) During the sixty-month period preceding the filing of
the application, no notice of proposed revocation of the
facility's license was issued under section 3721.03 of the Revised
Code to the operator of the existing facility to which the beds
are being relocated or to any health care facility owned or
operated by the applicant or any principal participant in the same
corporation or other business;
(iii) Neither the existing health care facility to which the
beds are being relocated nor any health care facility owned or
operated by the applicant or any principal participant in the same
corporation or other business has had a long-standing pattern of
violations of this chapter or deficiencies that caused one or more
residents physical, emotional, mental, or psychosocial harm.
(b) The director also shall accept for review any
application
for the conversion of infirmary
beds to long-term care beds if the
infirmary
meets all of the following conditions:
(i) Is
operated exclusively by a
religious order;
(ii) Provides care exclusively to
members of religious
orders
who take vows of celibacy and live by virtue of
their vows
within
the orders as if related;
(iii) Was providing care
exclusively
to members of such a
religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30,
2007 2009.
This section is an interim section effective until
July 1,
2007.
Sec. 3702.63 3702.591. As specified in former Section 11 of
Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am.
Sub. H.B. 405 of the 124th general assembly, all of the following
apply:
(A) The removal of former divisions (E) and (F) of
section
3702.52
of the Revised
Code by Sections 1 and 2 of
Am. Sub. S.B.
50 of the 121st general assembly does not
release the holders of
certificates of need issued
under those
divisions from complying
with any
conditions on which
the granting
of the certificates of
need was based,
including the
requirement
of former division
(E)(6) of that section that the
holders not
enter into provider
agreements under Chapter 5111. of
the Revised
Code and Title XIX
of the
"Social Security Act," 49
Stat. 620
(1935), 42
U.S.C. 301,
as amended, for at least ten
years
following initial licensure
of
the long-term care facilities
for
which the certificates were
granted.
(B) The repeal of section 3702.55 of the Revised Code by
Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section from
complying with any conditions on
which the granting
of the certificates of
need
was based,
other than the
requirement
of division (A)(6) of that section that
the holders not seek
certification under Title XVIII
of the
"Social
Security
Act" for
beds recategorized under the
certificates. That repeal also does
not eliminate the requirement that the
director of health revoke
the licensure
of the beds under Chapter
3721. of the
Revised Code
if a person to
which their ownership is
transferred fails, as
required by division (A)(6) of the repealed section, to file
within ten days
after the transfer a
sworn statement not to seek
certification
under Title XIX of the "Social Security Act" for
beds recategorized under the certificates of need.
(C) The repeal of section 3702.56 of the Revised Code by
Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section
from complying with any conditions on
which the granting
of the certificates
of need was based.
Sec. 3704.03. The director of environmental protection may
do any of the following:
(A) Develop programs for the prevention, control, and
abatement of air pollution;
(B) Advise, consult, contract, and cooperate with any
governmental or private agency in the furtherance of the purposes
of this chapter;
(C) Encourage, participate in, or conduct studies,
investigations, and research relating to air pollution, collect
and disseminate information, and conduct education and training
programs relating to the causes, prevention, control, and
abatement of air pollution;
(D) Adopt, modify, and rescind rules prescribing ambient
air
quality standards for the state as a whole or for various
areas of
the state that are consistent with and no more stringent
than the
national ambient air quality standards in effect under
the federal
Clean Air Act;
(E) Adopt, modify, suspend, and rescind rules for the
prevention, control, and abatement of air pollution, including
rules prescribing for the state as a whole or for various areas
of
the state emission standards for air contaminants, and other
necessary rules for the purpose of achieving and maintaining
compliance with ambient air quality standards in all areas within
the state as expeditiously as practicable, but not later than any
deadlines applicable under the federal Clean Air Act; rules for
the prevention or control of the emission of hazardous or toxic
air contaminants; rules prescribing fugitive dust limitations and
standards that are related, on an areawide basis, to attainment
and maintenance of ambient air quality standards; rules
prescribing shade, density, or opacity limitations and standards
for emissions, provided that with regard to air contaminant
sources for which there are particulate matter emission standards
in addition to a shade, density, or opacity rule, upon
demonstration by such a source of compliance with those other
standards, the shade, density, or opacity rule shall provide for
establishment of a shade, density, or opacity limitation for that
source that does not require the source to reduce emissions below
the level specified by those other standards; rules for the
prevention or control of odors and air pollution nuisances; rules
that prevent significant deterioration of air quality to the
extent required by the federal Clean Air Act; rules for the
protection of visibility as required by the federal Clean Air
Act;
and rules prescribing open burning limitations and
standards. In
adopting, modifying, suspending, or rescinding any
such rules, the
director, to the extent consistent with the
federal Clean Air Act,
shall hear and give consideration to
evidence relating to all of
the following:
(1) Conditions calculated to result from compliance with
the
rules, the overall cost within this state of compliance with the
rules, and their relation to benefits to the people of the
state
to be derived from that compliance;
(2) The quantity and characteristics of air contaminants,
the
frequency and duration of their presence in the ambient air,
and
the dispersion and dilution of those contaminants;
(3) Topography, prevailing wind directions and velocities,
physical conditions, and other factors that may or may combine to
affect air pollution.
Consistent with division (K) of section 3704.036 of the
Revised Code, the director shall consider alternative emission
limits proposed by the owner or operator of an air contaminant
source that is subject to an emission limit established in rules
adopted under this division and shall accept those alternative
emission limits that the director determines to be equivalent to
emission limits established in rules adopted under this division.
(F)(1) Adopt, modify, suspend, and rescind rules consistent
with the purposes of this chapter prohibiting the location,
installation, construction, or modification of any air
contaminant
source or any machine, equipment, device, apparatus,
or physical
facility intended primarily to prevent or control the
emission of
air contaminants unless an installation permit
therefor has been
obtained from the director or the
director's authorized
representative.
(2) Applications for installation
permits shall be
accompanied by plans, specifications, construction schedules, and
such other pertinent information and data, including data on
ambient air quality impact and a demonstration of best available
technology, as the director may require. Installation permits
shall be issued for a period specified by the director and are
transferable. The director shall specify in each permit the
applicable emission standards and that the permit is conditioned
upon payment of the applicable fees as required by section
3745.11
of the Revised Code and upon the right of the
director's
authorized representatives to enter upon the premises of the
person to whom
the permit has been issued, at any reasonable time
and subject to
safety requirements of the person in control of the
premises, for
the purpose of determining compliance with such
standards, this
chapter, the rules adopted thereunder, and the
conditions of any
permit, variance, or order issued thereunder.
Each proposed new
or modified air contaminant source shall provide
such notice of
its proposed installation or modification to other
states as is
required under the federal Clean Air Act.
Installation permits
shall include the authorization to operate
sources installed and
operated in accordance with terms and
conditions of the
installation permits for a period not to exceed
one year from
commencement of operation, which authorization shall
constitute
an operating permit under division (G) of this section
and rules
adopted under it.
No installation permit shall be required for activities that
are subject to and in compliance with a plant-wide applicability
limit issued by the director in accordance with rules adopted
under this section.
No installation permit shall be issued except in accordance
with all requirements of this chapter and rules adopted
thereunder. No application shall be denied or permit revoked or
modified without a written order stating the findings upon which
denial, revocation, or modification is based. A copy of the
order
shall be sent to the applicant or permit holder by
certified mail.
(3) Not later than two years after the effective date of this
amendment August 3, 2006, the director shall adopt a rule in
accordance with Chapter 119. of the Revised Code specifying that a
permit to install is required only for new or modified air
contaminant sources that emit any of the following air
contaminants:
(a) An air contaminant or precursor of an air contaminant for
which a national ambient air quality standard has been adopted
under the federal Clean Air Act;
(b) An air contaminant for which the air contaminant source
is regulated under the federal Clean Air Act;
(c) An air contaminant that presents, or may present, through
inhalation or other routes of exposure, a threat of adverse human
health effects, including, but not limited to, substances that are
known to be, or may reasonably be anticipated to be, carcinogenic,
mutagenic, teratogenic, or neurotoxic, that cause reproductive
dysfunction, or that are acutely or chronically toxic, or a threat
of adverse environmental effects whether through ambient
concentrations, bioaccumulation, deposition, or otherwise, and
that is identified in the rule by chemical name and chemical
abstract service number.
The director may modify the rule adopted under division
(F)(3)(c) of this section for the purpose of adding or deleting
air contaminants. For each air contaminant that is contained in or
deleted from the rule adopted under division (F)(3)(c) of this
section, the director shall include in a notice accompanying any
proposed or final rule an explanation of the director's
determination that the air contaminant meets the criteria
established in that division and should be added to, or no longer
meets the criteria and should be deleted from, the list of air
contaminants. The explanation shall include an identification of
the scientific evidence on which the director relied in making the
determination. Until adoption of the rule under division (F)(3)(c)
of this section, nothing shall affect the director's authority to
issue, deny, modify, or revoke permits to install under this
chapter and rules adopted under it.
(4)(a) Applications for permits to install new or modified
air contaminant sources shall contain sufficient information
regarding air contaminants for which the director may require a
permit to install to determine conformity with the environmental
protection agency's document entitled "Review of New Sources of
Air Toxics Emissions, Option A," dated May 1986, which the
director shall use to evaluate toxic emissions from new or
modified air contaminant sources. The director shall make copies
of the document available to the public upon request at no cost
and post the document on the environmental protection agency's web
site. Any inconsistency between the document and division (F)(4)
of this section shall be resolved in favor of division (F)(4) of
this section.
(b) The maximum acceptable ground level concentration of an
air contaminant shall be calculated in accordance with the
document entitled "Review of New Sources of Air Toxics Emissions,
Option A." Modeling shall be conducted to determine the increase
in the ground level concentration of an air contaminant beyond the
facility's boundary caused by the emissions from a new or modified
source that is the subject of an application for a permit to
install. Modeling shall be based on the maximum hourly rate of
emissions from the source using information including, but not
limited to, any emission control devices or methods, operational
restrictions, stack parameters, and emission dispersion devices or
methods that may affect ground level concentrations, either
individually or in combination. The director shall determine
whether the activities for which a permit to install is sought
will cause an increase in the ground level concentration of one or
more relevant air contaminants beyond the facility's boundary by
an amount in excess of the maximum acceptable ground level
concentration. In making the determination as to whether the
maximum acceptable ground level concentration will be exceeded,
the director shall give consideration to the modeling conducted
under division (F)(4)(b) of this section and other relevant
information submitted by the applicant.
(c) If the modeling conducted under division (F)(4)(b) of
this section with respect to an application for a permit to
install demonstrates that the maximum ground level concentration
from a new or modified source will be greater than or equal to
eighty per cent, but less than one hundred per cent of the maximum
acceptable ground level concentration for an air contaminant, the
director may establish terms and conditions in the permit to
install for the air contaminant source that will require the owner
or operator of the air contaminant source to maintain emissions of
that air contaminant commensurate with the modeled level, which
shall be expressed as allowable emissions per day. In order to
calculate the allowable emissions per day, the director shall
multiply the hourly emission rate modeled under division (F)(4)(b)
of this section to determine the ground level concentration by the
operating schedule that has been identified in the permit to
install application. Terms and conditions imposed under division
(F)(4)(c) of this section are not federally enforceable
requirements and, if included in a Title V permit, shall be placed
in the portion of the permit that is only enforceable by the
state.
(d) If the modeling conducted under division (F)(4)(b) of
this section with respect to an application for a permit to
install demonstrates that the maximum ground level concentration
from a new or modified source will be less than eighty per cent of
the maximum acceptable ground level concentration, the owner or
operator of the source annually shall report to the director, on a
form prescribed by the director, whether operations of the source
are consistent with the information regarding the operations that
was used to conduct the modeling with regard to the permit to
install application. The annual report to the director shall be in
lieu of an emission limit or other permit terms and conditions
imposed pursuant to division (F)(4) of this section. The director
may consider any significant departure from the operations of the
source described in the permit to install application that results
in greater emissions than the emissions rate modeled to determine
the ground level concentration as a modification and require the
owner or operator to submit a permit to install application for
the increased emissions. The requirements established in division
(F)(4)(d) of this section are not federally enforceable
requirements and, if included in a Title V permit, shall be placed
in the portion of the permit that is only enforceable by the
state.
(e) Division (F)(4) of this section and the document entitled
"Review of New Sources of Air Toxics Emissions, Option A" shall
not be included in the state implementation plan under section 110
of the federal Clean Air Act and do not apply to an air
contaminant source that is subject to a maximum achievable control
technology standard or residual risk standard under section 112 of
the federal Clean Air Act, to a particular air contaminant
identified under 40 C.F.R. 51.166, division (b)(23), for which the
director has determined that the owner or operator of the source
is required to install best available control technology for that
particular air contaminant, or to a particular air contaminant for
which the director has determined that the source is required to
meet the lowest achievable emission rate, as defined in 40 C.F.R.
part 51, Appendix S, for that particular air contaminant.
(f)(i) Division (F)(4) of this section and the document
entitled "Review of New Sources of Air Toxics Emissions, Option A"
do not apply to parking lots, storage piles, storage tanks,
transfer operations, grain silos, grain dryers, emergency
generators, gasoline dispensing operations, air contaminant
sources that emit air contaminants solely from the combustion of
fossil fuels, or the emission of wood dust, sand, glass dust, coal
dust, silica, and grain dust.
(ii) Notwithstanding division (F)(4)(f)(i) of this section,
the director may require an individual air contaminant source that
is within one of the source categories identified in division
(F)(4)(f)(i) of this section to submit information in an
application for a permit to install a new or modified source in
order to determine the source's conformity to the document if the
director has information to conclude that the particular new or
modified source will potentially cause an increase in ground level
concentration beyond the facility's boundary that exceeds the
maximum acceptable ground level concentration as set forth in the
document.
(iii) The director may adopt rules in accordance with Chapter
119. of the Revised Code that are consistent with the purposes of
this chapter and that add to or delete from the source category
exemptions established in division (F)(4)(f)(i) of this section.
(5) Not later than one year after the effective date of this
amendment August 3, 2006, the director shall adopt rules in
accordance with Chapter 119. of the Revised Code specifying
activities that do not, by themselves, constitute beginning actual
construction activities related to the installation or
modification of an air contaminant source for which a permit to
install is required such as the grading and clearing of land,
on-site storage of portable parts and equipment, and the
construction of foundations or buildings that do not themselves
emit air contaminants. The rules also shall allow specified
initial activities that are part of the installation or
modification of an air contaminant source, such as the
installation of electrical and other utilities for the source,
prior to issuance of a permit to install, provided that the owner
or operator of the source has filed a complete application for a
permit to install, the director or the director's designee has
determined that the application is complete, and the owner or
operator of the source has notified the director that this
activity will be undertaken prior to the issuance of a permit to
install. Any activity that is undertaken by the source under those
rules shall be at the risk of the owner or operator. The rules
shall not apply to activities that are precluded prior to permit
issuance under section 111, section 112, Part C of Title I, and
Part D of Title I of the federal Clean Air Act.
(G) Adopt, modify, suspend, and rescind rules prohibiting
the
operation or other use of any new, modified, or existing air
contaminant source unless an operating permit has been obtained
from the director or the director's authorized
representative, or
the air
contaminant source is being operated in compliance with
the
conditions of a variance issued pursuant to division (H) of
this
section. Applications for operating permits shall be
accompanied
by such plans, specifications, and other pertinent
information as
the director may require. Operating permits may be
issued for a
period determined by the director not to exceed five
ten years, are
renewable, and are transferable. The director shall
specify in
each operating permit that the permit is conditioned
upon payment
of the applicable fees as required by section 3745.11
of the
Revised Code and upon the right of the director's
authorized
representatives
to enter upon the premises of the
person to whom the permit has
been issued, at any reasonable time
and subject to safety
requirements of the person in control of the
premises, for the
purpose of determining compliance with this
chapter, the rules
adopted thereunder, and the conditions of any
permit, variance,
or order issued thereunder. Operating permits
may be denied or
revoked for failure to comply with this chapter
or the rules
adopted thereunder. An operating permit shall be
issued only
upon a showing satisfactory to the director or the
director's representative that the air contaminant source is being
operated in compliance
with applicable emission standards and
other rules or upon
submission of a schedule of compliance
satisfactory to the
director for a source that is not in
compliance with all
applicable requirements at the time of permit
issuance, provided
that the compliance schedule shall be
consistent with and at
least as stringent as that contained in any
judicial consent
decree or administrative order to which the air
contaminant
source is subject. The rules shall provide for the
issuance of
conditional operating permits for such reasonable
periods as the
director may determine to allow the holder of an
installation
permit, who has constructed, installed, located, or
modified a
new air contaminant source in accordance with the
provisions of
an installation permit, to make adjustments or
modifications
necessary to enable the new air contaminant source
to comply with
applicable emission standards and other rules.
Terms and
conditions of operating permits issued pursuant to this
division
shall be federally enforceable for the purpose of
establishing
the potential to emit of a stationary source and
shall be
expressly designated as federally enforceable. Any such
federally enforceable restrictions on a source's potential to
emit
shall include both an annual limit and a short-term limit of
not
more than thirty days for each pollutant to be restricted
together
with adequate methods for establishing compliance with
the
restrictions. In other respects, operating permits issued
pursuant
to this division are enforceable as state law only. No
application
shall be denied or permit revoked or modified without
a written
order stating the findings upon which denial,
revocation, or
modification is based. A copy of the order shall
be sent to the
applicant or permit holder by certified mail.
(H) Adopt, modify, and rescind rules governing the
issuance,
revocation, modification, or denial of variances that
authorize
emissions in excess of the applicable emission
standards.
No variance shall be issued except pursuant to those rules.
The rules shall prescribe conditions and criteria in furtherance
of the purposes of this chapter and consistent with the federal
Clean Air Act governing eligibility for issuance of variances,
which shall include all of the following:
(1) Provisions requiring consistency of emissions
authorized
by a variance with timely attainment and maintenance
of ambient
air quality standards;
(2) Provisions prescribing the classes and categories of
air
contaminants and air contaminant sources for which variances
may
be issued;
(3) Provisions defining the circumstances under which an
applicant shall demonstrate that compliance with applicable
emission standards is technically infeasible, economically
unreasonable, or impossible because of conditions beyond the
control of the applicant;
(4) Other provisions prescribed in furtherance of the
goals
of this chapter.
The rules shall prohibit the issuance of variances from any
emission limitation that was applicable to a source pursuant to
an
installation permit and shall prohibit issuance of variances
that
conflict with the federal Clean Air Act.
Applications for variances shall be accompanied by such
information as the director may require. In issuing variances,
the
director may order the person to whom a variance is issued to
furnish plans and specifications and such other information and
data, including interim reports, as the director may require and
to proceed to take such action within such time as the director
may determine to be appropriate and reasonable to prevent,
control, or abate the person's existing emissions of air
contaminants.
The director shall specify in each variance that the
variance is
conditioned upon payment of the applicable fees as
required by
section 3745.11 of the Revised Code and upon the right
of the
director's authorized representatives to enter upon the
premises of the
person to whom the variance has been issued, at
any reasonable
time and subject to safety requirements of the
person in control
of the premises, for the purpose of determining
compliance with
this chapter, the rules adopted thereunder, and
the conditions of
any permit, variance, or order issued
thereunder.
The director may hold a public hearing on an application
for
a variance or renewal thereof at a location in the county
where
the variance is sought. The director shall give not less
than
twenty days' notice of the hearing to the applicant by
certified
mail and cause at least one publication of notice in a
newspaper
with general circulation in the county where the
variance is
sought. The director shall keep available for public
inspection at
the principal office of the environmental
protection agency a
current schedule of pending applications for
variances and a
current schedule of pending variance hearings.
The director shall
make a complete stenographic record of
testimony and other
evidence submitted at the hearing. The
director shall make a
written determination to issue, renew, or
deny the variance and
shall enter the determination and the
basis
therefor into the
record of the hearing. The director shall
issue, renew, or deny an
application for a variance or renewal
thereof, or issue a proposed
action upon the application pursuant
to section 3745.07 of the
Revised Code, within six months of the
date upon which the
director receives a complete application with
all pertinent
information and data required by the director.
Any variance granted pursuant to rules adopted under this
division shall be for a period specified by the director, not to
exceed three years, and may be renewed from time to time on such
terms and for such periods, not to exceed three years each, as
the
director determines to be appropriate. A variance may be
revoked,
or renewal denied, for failure to comply with conditions
specified
in the variance. No variance shall be issued, denied,
revoked, or
modified without a written order stating the findings
upon which
the issuance, denial, revocation, or modification is
based. A copy
of the order shall be sent to the applicant or
variance holder by
certified mail.
(I) Require the owner or operator of an air contaminant
source to install, employ, maintain, and operate such emissions,
ambient air quality, meteorological, or other monitoring devices
or methods as the director shall prescribe; to sample those
emissions at such locations, at such intervals, and in such
manner
as the director prescribes; to maintain records and file
periodic
reports with the director containing information as to
location,
size, and height of emission outlets, rate, duration,
and
composition of emissions, and any other pertinent information
the
director prescribes; and to provide such written notice to
other
states as the director shall prescribe. In requiring
monitoring
devices, records, and reports, the director, to the
extent
consistent with the federal Clean Air Act, shall give
consideration to technical feasibility and economic
reasonableness
and allow reasonable time for compliance. For sources where a
specific monitoring, record-keeping, or reporting requirement is
specified for a particular air contaminant from a particular air
contaminant source in an applicable regulation adopted by the
United States environmental protection agency under the federal
Clean Air Act or in an applicable rule adopted by the director,
the director shall not impose an additional requirement in a
permit that is a different monitoring, record-keeping, or
reporting requirement other than the requirement specified in the
applicable regulation or rule for that air contaminant except as
otherwise agreed to by the owner or operator of the air
contaminant source and the director. If two or more regulations or
rules impose different monitoring, record-keeping, or reporting
requirements for the same air contaminant from the same air
contaminant source, the director may impose permit terms and
conditions that consolidate or streamline the monitoring,
record-keeping, or reporting requirements in a manner that
conforms with each applicable requirement. To the extent
consistent with the federal Clean Air Act and except as otherwise
agreed to by the owner or operator of an air contaminant source
and the director, the director shall not require an operating
restriction that has the practical effect of increasing the
stringency of an existing applicable emission limitation or
standard.
(J) Establish, operate, and maintain monitoring stations
and
other devices designed to measure air pollution and enter
into
contracts with any public or private agency for the
establishment,
operation, or maintenance of such stations and
devices;
(K) By rule adopt procedures for giving reasonable public
notice and conducting public hearings on any plans for the
prevention, control, and abatement of air pollution that the
director is required to submit to the federal government;
(L) Through any employee, agent, or authorized
representative
of the director or the environmental protection
agency, enter upon
private or public property, including
improvements thereon, at any
reasonable time, to make
inspections, take samples, conduct tests,
and examine records or
reports pertaining to any emission of air
contaminants and any
monitoring equipment or methods and to
determine if there are any
actual or potential emissions from such
premises and, if so, to
determine the sources, amounts, contents,
and extent of those
emissions, or to ascertain whether there is
compliance with this
chapter, any orders issued or rules adopted
thereunder, or any
other determination of the director. The
director, at reasonable
times, may have access to and copy any
such records. If entry or
inspection authorized by this division
is refused, hindered, or
thwarted, the director or the director's
authorized
representative may by
affidavit apply for, and any
judge of a court of record may
issue, an appropriate inspection
warrant necessary to achieve the
purposes of this chapter within
the court's territorial
jurisdiction.
(M) Accept and administer gifts or grants from the federal
government and from any other source, public or private, for
carrying out any of the functions under this chapter;
(N) Obtain necessary scientific, technical, and laboratory
services;
(O) Establish advisory boards in accordance with section
121.13 of the Revised Code;
(P) Delegate to any city or general health district or
political subdivision of the state any of the director's
enforcement and
monitoring powers and duties, other than
rule-making powers, as
the director elects to delegate, and in
addition employ,
compensate, and prescribe the powers and duties
of such officers,
employees, and consultants as are necessary to
enable the
director to exercise the authority and perform duties
imposed upon the director by law. Technical and other
services
shall be performed, insofar as practical, by personnel of the
environmental protection agency.
(Q) Certify to the government of the United States or any
agency thereof that an industrial air pollution facility is in
conformity with the state program or requirements for control of
air pollution whenever such certificate is required for a
taxpayer
pursuant to any federal law or requirements;
(R) Issue, modify, or revoke orders requiring abatement of
or
prohibiting emissions that violate applicable emission
standards
or other requirements of this chapter and rules adopted
thereunder, or requiring emission control devices or measures in
order to comply with applicable emission standards or other
requirements of this chapter and rules adopted thereunder. Any
such order shall require compliance with applicable emission
standards by a specified date and shall not conflict with any
requirement of the federal Clean Air Act. In the making of such
orders, the director, to the extent consistent with the federal
Clean Air Act, shall give consideration to, and base the
determination on, evidence relating to the technical feasibility
and economic reasonableness of compliance with such orders and
their relation to benefits to the people of the state to be
derived from such compliance. If, under the federal Clean Air
Act,
any such order shall provide for the posting of a bond or
surety
to secure compliance with the order as a condition of
issuance of
the order, the order shall so provide, but only to
the extent
required by the federal Clean Air Act.
(S) To the extent provided by the federal Clean Air Act,
adopt, modify, and rescind rules providing for the administrative
assessment and collection of monetary penalties, not in excess of
those required pursuant to the federal Clean Air Act, for failure
to comply with any emission limitation or standard, compliance
schedule, or other requirement of any rule, order, permit, or
variance issued or adopted under this chapter or required under
the applicable implementation plan whether or not the source is
subject to a federal or state consent decree. The director may
require the submission of compliance schedules, calculations of
penalties for noncompliance, and related information. Any
orders,
payments, sanctions, or other requirements imposed
pursuant to
rules adopted under this division shall be in
addition to any
other permits, orders, payments, sanctions, or
other requirements
established under this chapter and shall not
affect any civil or
criminal enforcement proceedings brought
under any provision of
this chapter or any other provision of
state or local law. This
division does not apply to any
requirement of this chapter
regarding the prevention or abatement
of odors.
(T) Require new or modified air contaminant sources to
install best available technology, but only in accordance with
this division. With respect to permits issued pursuant to division
(F) of this section beginning three years after the effective date
of this amendment August 3, 2006, best available technology for
air contaminant sources and air contaminants emitted by those
sources that are subject to standards adopted under section 112,
Part C of Title I, and Part D of Title I of the federal Clean Air
Act shall be equivalent to and no more stringent than those
standards. For an air contaminant or precursor of an air
contaminant for which a national ambient air quality standard has
been adopted under the federal Clean Air Act, best available
technology only shall be required to the extent required by rules
adopted under Chapter 119. of the Revised Code for permit to
install applications filed three or more years after the effective
date of this amendment August 3, 2006.
Best available technology requirements established in rules
adopted under this division shall be expressed only in one of the
following ways that is most appropriate for the applicable source
or source categories:
(2) Source design characteristics or design efficiency of
applicable air contaminant control devices;
(3) Raw material specifications or throughput limitations
averaged over a twelve-month rolling period;
(4) Monthly allowable emissions averaged over a twelve-month
rolling period.
Best available technology requirements shall not apply to an
air contaminant source that has the potential to emit, taking into
account air pollution controls installed on the source, less than
ten tons per year of emissions of an air contaminant or precursor
of an air contaminant for which a national ambient air quality
standard has been adopted under the federal Clean Air Act. In
addition, best available technology requirements established in
rules adopted under this division shall not apply to any existing,
new, or modified air contaminant source that is subject to a
plant-wide applicability limit that has been approved by the
director. Further, best available technology requirements
established in rules adopted under this division shall not apply
to general permits issued prior to January 1, 2006, under rules
adopted under this chapter.
For permits to install issued three or more years after the
effective date of this amendment August 3, 2006, any new or
modified air contaminant source that has the potential to emit,
taking into account air pollution controls installed on the
source, ten or more tons per year of volatile organic compounds or
nitrogen oxides shall meet, at a minimum, the requirements of any
applicable reasonably available control technology rule in effect
as of January 1, 2006, regardless of the location of the source.
(U) Consistent with section 507 of the federal Clean Air
Act,
adopt, modify, suspend, and rescind rules for the
establishment of
a small business stationary source technical and
environmental
compliance assistance program as provided in
section 3704.18 of
the Revised Code;
(V) Provide for emissions trading, marketable permits,
auctions of emission rights, and economic incentives that would
reduce the cost or increase the efficiency of achieving a
specified level of environmental protection;
(W) Provide for the construction of an air contaminant
source
prior to obtaining a permit to install pursuant to
division (F) of
this section if the applicant demonstrates that
the source will be
installed to comply with all applicable
emission limits and will
not adversely affect public health or
safety or the environment
and if the director determines that
such an action will avoid an
unreasonable hardship on the owner
or operator of the source. Any
such determination shall be
consistent with the federal Clean Air
Act.
(X) Exercise all incidental powers, including adoption of
rules, required to carry out this chapter.
The environmental protection agency shall develop a plan to
control air pollution resulting from state-operated facilities
and
property.
Sec. 3704.14. (A) It is the intent of the general assembly
that the enhanced motor vehicle inspection and maintenance program
that was in operation pursuant to the federal Clean Air Act on
January 3, 2006, in certain counties of this state pursuant to a
contract that is scheduled to expire on December 31, 2007, not be
extended beyond that date in those counties. If the governor
determines that the extension of a transportation-based ozone
reduction program in those counties is necessary to comply with
federal law, the governor, by executive order, may extend the
compliance efforts of this state for one year using the most cost
effective, least costly, consumer accommodating, and decentralized
available technology and approaches that meet federal performance
standards, using an open public bidding process. Thereafter, if
the governor determines that continuation of the enhanced motor
vehicle inspection and maintenance program is necessary in those
counties to comply with federal law, the governor, by executive
order, may extend that program for an additional year or as
otherwise required to comply with applicable law. The cost of any
program shall be paid by the state from the auto emissions test
fund, which is hereby created in the state treasury. The fund
shall consist of money appropriated to it and shall be
administered by the director of environmental protection.
An executive order issued under this division shall include
provisions providing the authority that is necessary for the
environmental protection agency to adopt decentralized approaches
that meet federal performance standards through program design
changes that affect normal inspection and maintenance input
parameters to the mobile source emission factor model or through
program changes that reduce in-use mobile source emissions. Upon
issuance of such an executive order, the governor shall notify the
general assembly in writing of the governor's decision to issue
the executive order.
(B)(1) It is the intent of the general assembly that a
tailpipe motor vehicle inspection and maintenance program not be
implemented in any county in the state. Moreover, it is the intent
of the general assembly that, if a motor vehicle-based ozone
testing program is mandated by federal law for counties in the
northeastern portion of this state, a tailpipe motor vehicle
inspection and maintenance program not be implemented and that an
onboard diagnostic only inspection and gas-cap testing program be
utilized to satisfy any federal requirements for vehicle emissions
testing.
(2) If any motor vehicle testing program is established under
this section, the director shall ensure that motor vehicles that
are four years old or newer are exempt from the testing program.
(C) Not later than thirty days after the effective date of
this section and on the first day of January of each subsequent
year, the director shall request the United States environmental
protection agency to provide to the director a list of alternative
approaches to meet federal performance standards and program
changes that this state may employ to comply with the federal
Clean Air Act in lieu of the implementation of a motor vehicle
inspection and maintenance program. Based on the information
received from the United States environmental protection agency,
the director shall prepare a report concerning those alternative
approaches. The director shall issue the report and provide it to
the general assembly not later than thirty days after receiving
the list of alternative approaches from the United States
environmental protection agency.
Sec. 3705.24. (A)(1) The public health council shall, in
accordance with section 111.15 of the Revised Code, adopt rules
prescribing fees for the following services provided by the state
office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of
birth;
(ii) A search by the office of vital statistics of its files
and records pursuant to a request for information, regardless of
whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption,
legitimation, paternity determination or acknowledgement, or court
order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than
one year after the filing date of the vital record;
(e) Any other documents or services for which the public
health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section
shall not be less than seven dollars.
(3) Fees prescribed under division (A)(1) of this section
shall be collected in addition to any fees required by sections
3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall
not apply to certifications issued under division (H) of this
section or copies provided under section 3705.241 of the Revised
Code.
(B) In addition to the fees prescribed under division (A) of
this section or section 3709.09 of the Revised Code, the office of
vital statistics or the board of health of a city or general
health district shall charge a five-dollar fee for each certified
copy of a vital record and each certification of birth. This fee
shall be deposited in the general operations fund created under
section 3701.83 of the Revised Code and be used solely toward to
support the operations, the modernization, and the automation of
the system of vital records program in this state. A board of
health shall forward all fees collected under this division to the
department of health not later than thirty days after the end of
each calendar quarter.
(C) Except as otherwise provided in division (H) of
this
section, and except as provided in section 3705.241
of the Revised
Code, fees collected by the director of health under
sections
3705.01 to 3705.29 of the Revised Code shall be paid
into the
state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Except as
provided in division (B) of this section, money generated by the
fees shall be used only for administration and
enforcement of this
chapter and the rules adopted under it.
Amounts submitted to the
department of health for copies of vital records or services in
excess of the
fees imposed by this section shall be dealt with as
follows:
(1) An overpayment of two dollars or less shall be
retained
by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83
of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned
to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city
or
a general health district, any fees the local registrar
receives
pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general
health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics
in accordance with
the population of the primary registration
district at the last
federal census. The fee for each birth, fetal
death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand
and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth,
fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by
the treasurer of the county in which the registration
districts
are located. No fees shall be charged or collected by
registrars
except as provided by this chapter and section 3109.14
of the
Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents
for
each certified abstract of marriage prepared and forwarded by
the
probate judge to the department of health pursuant to section
3705.21 of
the Revised Code. The fee shall be in addition to the
fee paid
for a marriage license and shall be paid by the
applicants for
the license.
(G) The clerk of a court of common pleas shall be paid a
fee
of one dollar for each certificate of divorce, dissolution,
and
annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in
these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code
shall be an amount prescribed by rule by the
director of health
plus any fee required by section 3109.14 of the
Revised Code. In
setting the amount of the fee, the director shall
establish a
surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be
deposited
into
the state treasury to the credit of the heirloom
certification of birth fund
which is hereby created. Money
credited to the fund shall be used by the
office of vital
statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the
surcharge,
subject to the approval of the controlling board, shall
be used for the
purposes specified by the family and children
first council pursuant to
section 121.37 of the Revised Code.
Sec. 3706.01. As used in this chapter:
(A) "Governmental agency" means a department, division, or
other unit of state government, a municipal corporation, county,
township, and other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate air quality facilities, the United States or any agency
thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement.
(B) "Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.
(C) "Air contaminant" means particulate matter, dust,
fumes,
gas, mist, smoke, noise, vapor, heat, radioactivity,
radiation, or
odorous substance, or any combination thereof.
(D) "Air pollution" means the presence in the ambient air
of
one or more air contaminants in sufficient quantity and of
such
characteristics and duration as to injure human health or
welfare,
plant or animal life, or property, or that unreasonably
interferes
with the comfortable enjoyment of life or property.
(E) "Ambient air" means that portion of the atmosphere
outside of buildings and other enclosures, stacks, or ducts that
surrounds human, plant, or animal life, or property.
(F) "Emission" means the release into the outdoor
atmosphere
of an air contaminant.
(G) "Air quality facility" means any
of the following:
(1) Any method, modification
or replacement of property,
process, device, structure, or
equipment that removes, reduces,
prevents, contains, alters,
conveys, stores, disperses, or
disposes of air contaminants or
substances containing air
contaminants, or that renders less
noxious or reduces the
concentration of air contaminants in the
ambient air, including,
without limitation, facilities and
expenditures that qualify as
air pollution control facilities
under section 103 (C)(4)(F) of
the Internal Revenue Code of 1954,
as amended, and regulations
adopted thereunder;
(2) Motor vehicle
inspection stations operated in accordance
with, and any
equipment used for motor vehicle inspections
conducted under,
section 3704.14 of the Revised Code and rules
adopted under it;
(3) Ethanol or other biofuel facilities, including any
equipment used at the
ethanol or other biofuel facility for the
production of ethanol or other biofuels;
(4) Any property or portion thereof used for the collection,
storage,
treatment, utilization, processing, or final disposal of
a by-product or
solid
waste resulting from any method, process,
device, structure,
or
equipment that removes, reduces, prevents,
contains, alters,
conveys, stores, disperses, or disposes of air
contaminants, or
that renders less noxious or reduces the
concentration of air
contaminants in the ambient air;
(5) Any property, device, or
equipment that promotes the
reduction of emissions of air
contaminants into the ambient air
through improvements in the
efficiency of energy utilization or
energy conservation;
(6) Any coal research and development project conducted under
Chapter 1555. of the Revised Code;
(7) As determined by the director of the Ohio coal
development office, any property or portion thereof that is used
for the collection, storage, treatment, utilization, processing,
or final disposal of a by-product resulting from a coal research
and development project as defined in section 1555.01 of the
Revised Code or from the use of clean coal technology, excluding
any property or portion thereof that is used primarily for other
subsequent commercial purposes;
(8) Any property or portion thereof that is part of the
FutureGen project of the United States department of energy or
related to the siting of the FutureGen project.
"Air quality facility"
further
includes any
property or
system to be used in whole or
in part for any of
the purposes
in
divisions (G)(1) to (8) of this section,
whether
another purpose
is also
served, and any property or system
incidental to or
that
has to
do with, or the end purpose of
which is, any of the
foregoing. Air
quality facilities that are
defined in this
division for
industry, commerce, distribution, or
research,
including public
utility companies, are hereby
determined to be
those
that qualify as facilities for the
control of air pollution
and
thermal pollution related to air
under Section 13 of Article
VIII, Ohio Constitution.
(H) "Project" or "air quality project" means any air
quality
facility, including undivided or other interests therein,
acquired
or to be acquired or constructed or to be constructed by
the Ohio
air quality development authority under this chapter, or
acquired
or to be acquired or constructed or to be constructed by
a
governmental agency or person with all or a part of the cost
thereof being paid from a loan or grant from the authority under
this chapter or otherwise paid from the proceeds of air quality
revenue bonds, including all buildings and facilities that the
authority determines necessary for the operation of the project,
together with all property, rights, easements, and interests that
may be required for the operation of the project.
(I) "Cost" as applied to an air quality project means the
cost of acquisition and construction, the cost of acquisition of
all land, rights-of-way, property rights, easements, franchise
rights, and interests required for such acquisition and
construction, the cost of demolishing or removing any buildings
or
structures on land so acquired, including the cost of
acquiring
any lands to which such buildings or structures may be
moved, the
cost of acquiring or constructing and equipping a
principal office
and sub-offices of the authority, the cost of
diverting highways,
interchange of highways, and access roads to
private property,
including the cost of land or easements for
such access roads, the
cost of public utility and common carrier
relocation or
duplication, the cost of all machinery,
furnishings, and
equipment, financing charges, interest prior to
and during
construction and for no more than eighteen months
after completion
of construction, engineering, expenses of
research and development
with respect to air quality facilities, the cost of any commodity
contract, including fees and expenses related thereto,
legal
expenses, plans,
specifications, surveys, studies,
estimates of
cost and revenues,
working capital, other expenses
necessary or
incident to
determining the feasibility or
practicability of
acquiring or
constructing such project,
administrative expense,
and such other
expense as may be
necessary or incident to the
acquisition or
construction of the
project, the financing of such
acquisition or
construction,
including the amount authorized in
the resolution of
the
authority providing for the issuance of air
quality revenue
bonds
to be paid into any special funds from the
proceeds of such
bonds, and the financing of the placing of such
project in
operation. Any obligation, cost, or expense incurred by
any
governmental agency or person for surveys, borings,
preparation
of
plans and specifications, and other engineering
services, or
any
other cost described above, in connection with
the
acquisition or
construction of a project may be regarded as a
part of the cost of
that project and may be reimbursed out of the
proceeds of air
quality revenue bonds as authorized by this
chapter.
(J) "Owner" includes an individual, copartnership,
association, or corporation having any title or interest in any
property, rights, easements, or interests authorized to be
acquired by this chapter.
(K) "Revenues" means all rentals and other charges
received
by the authority for the use or services of any air
quality
project, any gift or grant received with respect to any
air
quality project, any moneys received with respect to the
lease,
sublease, sale, including installment sale or conditional
sale, or
other disposition of an air quality project, moneys
received in
repayment of and for interest on any loans made by
the authority
to a person or governmental agency, whether from
the United States
or any department, administration, or agency
thereof, or
otherwise, proceeds of such bonds to the extent that
use thereof
for payment of principal of, premium, if any, or
interest on the
bonds is authorized by the authority, amounts received or
otherwise derived from a commodity contract or from the sale of
the related commodity under such a contract, proceeds
from any
insurance,
condemnation, or guaranty pertaining to a
project or
property
mortgaged to secure bonds or pertaining to
the financing
of the
project, and income and profit from the
investment of the
proceeds
of air quality revenue bonds or of any
revenues.
(L) "Public roads" includes all public highways, roads,
and
streets in the state, whether maintained by the state,
county,
city, township, or other political subdivision.
(M) "Public utility facilities" includes tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment
and appliances of any public utility.
(N) "Construction," unless the context indicates a
different
meaning or intent, includes reconstruction,
enlargement,
improvement, or providing furnishings or equipment.
(O) "Air quality revenue bonds," unless the context
indicates
a different meaning or intent, includes air quality
revenue notes,
air quality revenue renewal notes, and air quality
revenue
refunding bonds, except that notes issued in anticipation
of the
issuance of bonds shall have a maximum maturity of five
years as
provided in section 3706.05 of the Revised Code and
notes
or
renewal notes issued as the definitive obligation may be
issued
maturing at such time or times with a maximum maturity of
forty
years from the date of issuance of the original note.
(P) "Solid waste" means any garbage; refuse; sludge from a
waste water treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but not including
solid
or dissolved material in domestic sewage, or solid or
dissolved
material in irrigation return flows or industrial
discharges that
are point sources subject to permits under
section 402 of the
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat.
880, 33 U.S.C.A. 1342, as amended,
or source, special nuclear, or
byproduct material as defined by
the "Atomic Energy Act of 1954,"
68 Stat. 921, 42 U.S.C.A. 2011,
as amended.
(Q) "Sludge" means any solid, semisolid, or liquid waste,
other than a recyclable by-product, generated from a municipal,
commercial, or industrial waste water treatment plant, water
supply plant, or air pollution control facility or any other such
wastes having similar characteristics and effects.
(R) "Ethanol or other biofuel facility" means a plant at
which
ethanol or other biofuel is
produced.
(S) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable or
biomass
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable or biomass resources, that
meets all of
the specifications in the American society for
testing and
materials (ASTM) specification D 4806-88 and is
denatured as
specified in Parts 20 and 21 of Title 27 of the Code
of Federal
Regulations.
(T) "Biofuel" means any fuel that is made from cellulosic
biomass resources, including renewable organic matter, crop waste
residue, wood, aquatic plants and other crops, animal waste, solid
waste, or sludge, and that is used for the production of energy
for transportation or other purposes.
(U) "FutureGen project" means the buildings, equipment, and
real property and functionally related buildings, equipment, and
real property, including related research projects that support
the development and operation of the buildings, equipment, and
real property, designated by the United States department of
energy and the FutureGen industrial alliance, inc., as the
coal-fueled, zero-emissions power plant designed to prove the
technical and economic feasibility of producing electricity and
hydrogen from coal and nearly eliminating carbon dioxide emissions
through capture and permanent storage.
(V) "Commodity contract" means a contract or series of
contracts entered into in connection with the acquisition or
construction of air quality facilities for the purchase or sale of
a commodity that is eligible for prepayment with the proceeds of
federally tax exempt bonds under sections 103, 141, and 148 of the
Internal Revenue Code of 1986, as amended, and regulations adopted
under it.
Sec. 3706.03. It is hereby declared to be the public
policy
of the state through the operations of the Ohio air
quality
development authority under this chapter to contribute
toward one
or more of the following: to provide for the
conservation of air
as a natural resource of the state, and to
prevent or abate the
pollution thereof, to provide for the
comfort, health, safety, and
general welfare of all employees, as
well as all other inhabitants
of the state, to assist in the
financing of air quality facilities
for industry, commerce,
distribution, and research, including
public utility companies,
to create or preserve jobs and
employment opportunities or
improve the economic welfare of the
people, or assist and
cooperate with governmental agencies in
achieving such purposes.
In furtherance of such public policy the
Ohio air quality
development authority may initiate, acquire,
construct, maintain,
repair, and operate air quality projects or
cause the same to be
operated pursuant to a lease, sublease, or
agreement with any
person or governmental agency; may make loans
and grants to
governmental agencies for the acquisition or
construction of air
quality facilities by such governmental
agencies; may make loans
to persons for the acquisition or
construction of air quality
facilities by such persons; may enter
into commodity contracts with, or make loans for the purpose of
entering into commodity contracts to, any person, governmental
agency, or entity located within or without the state in
connection with the acquisition or construction of air quality
facilities; and may issue air quality revenue
bonds of this state
payable solely from revenues, to pay the cost
of such projects,
including any related commodity contracts. Any air quality project
shall be determined by
the authority to be not inconsistent with
any applicable air
quality standards duly established and then
required to be met
pursuant to the "Clean Air Act," 84 Stat. 1679
(1970), 42
U.S.C.A. 1857, as amended. Any resolution of the
authority
providing for acquiring or constructing such projects or
for
making a loan or grant for such projects shall include a
finding
by the authority that such determination has been made.
Determinations by resolution of the authority that a project is
an
air quality facility under this chapter and is consistent with
the
purposes of section 13 of Article VIII, Ohio Constitution,
and
this chapter, shall be conclusive as to the validity and
enforceability of the air quality revenue bonds issued to finance
such project and of the resolutions, trust agreements or
indentures, leases, subleases, sale agreements, loan agreements,
and other agreements made in connection therewith, all in
accordance with their terms.
Sec. 3706.041. (A) With respect to projects, and the
financing thereof, for industry, commerce, distribution, or
research, including public utility companies, under agreements
whereby the person to whom the project is to be leased, subleased,
or sold, or to whom a loan is to be made for the project, is to
make payments sufficient to pay all of the principal of, premium,
if any, and interest on the air quality revenue bonds issued for
the project, or the counterparty under any related commodity
contract agrees to make payments sufficient in amount to pay all
of the principal of, premium, if any, and interest on the related
air quality revenue bonds, the Ohio air quality development
authority may, in addition to other powers under
this chapter:
(1) Make loans for the acquisition or construction of the
project to such person upon such terms as the authority may
determine or authorize, including secured or unsecured loans,
and,
in connection therewith, enter into loan agreements and
other
agreements, including commodity contracts, accept notes and other
forms of obligation to
evidence such indebtedness and mortgages,
liens, pledges,
assignments, or other security interests to secure
such
indebtedness, which may be prior or subordinnate subordinate
to
or on a parity with other indebtedness, obligations, mortgages,
pledges, assignments, other security interests, or liens or
encumbrances, and take such actions as may be considered by it
appropriate to protect such security and safeguard against
losses,
including, without limitation thereto, foreclosure and
the bidding
upon and purchase of property upon foreclosure or
other sale.
(2) Sell such project under such terms as it may
determine,
including, without limitation thereto, sale by
conditional sale or
installment sale, under which title may pass
prior to or after
completion of the project or payment or
provisions for payment of
all principal of, premium, if any, and
interest on such bonds, or
at any other time provided in such
agreement pertaining to such
sale, and including sale under an
option to purchase at a price
which may be a nominal amount or
less than true value at the time
of purchase.
(3) Grant a mortgage, lien, or other encumbrance on, or
pledge or assignment of, or other security interest with respect
to, all or any part of the project, revenues, reserve funds, or
other funds established in connection with such bonds, or on, of,
or with respect to any lease, sublease, sale, conditional sale or
installment sale agreement, loan agreement, or other agreement
pertaining to the lease, sublease, sale, or other disposition of
a
project or pertaining to a loan made for a project, or any
guaranty or insurance agreement made with respect thereto, or any
interest of the authority therein, or any other interest granted,
assigned, or released to secure payments of the principal of,
premium, if any, or interest on the bonds or to secure any other
payments to be made by the authority, which mortgage, lien,
encumbrance, pledge, assignment, or other security interest may
be
prior or subordinate to or on a parity with any other
mortgage,
assignment, other security interest, or lien or
encumbrance.
(4) Provide that the interest on such bonds may be at a
variable rate or rates changing from time to time in accordance
with a base or formula as authorized by the authority.
(5) Contract for the acquisition or construction of such
project or any part thereof, including any related commodity
contracts, and for the leasing, subleasing, sale
or other
disposition of such project in a manner determined by
the
authority in its sole discretion, without necessity for
competitive bidding or performance bonds.
(B) Property comprising a project shall not be subject to
taxes or assessments and so long as the bonds or notes issued to
finance the costs of such project are outstanding, and the
transfer of title to or possession of such property to the person
to whom a loan or installment sale or conditional sale with
respect to such project is made shall not be subject to the taxes
levied pursuant to Chapters 5739. and 5741. of the Revised Code.
The authority shall certify the property comprising a
project
which is exempt from taxes and assessments pursuant to
this
section, and shall send, by certified mail, copies of such
certification to the owner of such exempt property, to the tax
commissioner, and to the county auditor of the county or counties
in which any such exempt property is located.
Each county auditor shall maintain a separate list of all
property exempt pursuant to this section and sections 6121.044
and
6123.041 of the Revised Code, in addition to the list of
exempt
property required to be maintained pursuant to section
5713.07 of
the Revised Code.
(C) The authority, in the lease, sale or loan agreement
with
respect to a project referred to in division (A) of this
section,
shall make appropriate provision for adequate
maintenance of the
project.
(D) With respect to the projects referred to in this
section,
the authority granted by this section is cumulative and
supplementary to all other authority granted in this chapter.
The
authority granted by this section does not alter or impair
any
similar authority granted elsewhere in this chapter for or
with
respect to other projects.
Sec. 3706.05. The Ohio air quality development authority
may
at any time issue revenue bonds and notes of the state in
such
principal amount as, in the opinion of the authority, are
necessary for the purpose of paying any part of the cost of one
or
more air quality projects or parts thereof, including one or more
payments pursuant to a commodity contract entered into in
connection with the acquisition or construction of air quality
facilities. The authority may
at any time issue renewal notes,
issue bonds to pay such notes
and whenever it deems refunding
expedient, refund any bonds by
the issuance of air quality revenue
refunding bonds of the state,
whether the bonds to be refunded
have or have not matured, and
issue bonds partly to refund bonds
then outstanding, and partly
for any other authorized purpose. The
refunding bonds shall be
sold and the proceeds applied to the
purchase, redemption, or
payment of the bonds to be refunded.
Except as may otherwise be
expressly provided by the authority,
every issue of its bonds or
notes shall be general obligations of
the authority payable out
of the revenues of the authority that
are pledged for such
payment, without preference or priority of
the first bonds
issued, subject only to any agreements with the
holders of
particular bonds or notes pledging any particular
revenues. Such
pledge shall be valid and binding from the time the
pledge is
made and the revenues so pledged and thereafter received
by the
authority shall immediately be subject to the lien of such
pledge
without any physical delivery thereof or further act, and
the
lien of any such pledge is valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise
against the authority, irrespective of whether such parties have
notice thereof. Neither the resolution nor any trust agreement
by
which a pledge is created need be filed or recorded except in
the
records of the authority.
Whether or not the bonds or notes are of such form and
character as to be negotiable instruments, the bonds or notes
shall have all the qualities and incidents of negotiable
instruments, subject only to the provisions of the bonds or notes
for registration.
The bonds and notes shall be authorized by resolution of
the
authority, shall bear such date or dates, and shall mature at
such
time or times, in the case of any such note or any renewals
thereof not exceeding five years from the date of issue of such
original note and in the case of any such bond not exceeding
forty
years from the date of issue, as such resolution or
resolutions
may provide. The bonds and notes shall bear interest
at such rate
or rates, be in such denominations, be in such form,
either coupon
or registered, carry such registration privileges,
be payable in
such medium of payment, at such place or places,
and be subject to
such terms of redemption as the authority may
authorize. The bonds
and notes of the authority may be sold by
the authority, at public
or private sale, at or at not less than
such price or prices as
the authority determines. The bonds and
notes shall be executed by
the chairman chairperson and
vice-chairman vice-chairperson of the
authority, either or both of whom may use a facsimile signature,
the official seal of the authority or a facsimile thereof shall
be
affixed thereto or printed thereon and attested, manually or
by
facsimile signature, by the secretary-treasurer of the
authority,
and any coupons attached thereto shall bear the
signature or
facsimile signature of the chairman chairperson of
the
authority.
In case any officer whose signature, or a facsimile
of whose
signature, appears on any bonds, notes or coupons ceases
to be
such officer before delivery of bonds or notes, such
signature or
facsimile shall nevertheless be sufficient for all
purposes the
same as if he the officer had remained in office
until such
delivery, and in case the seal of the authority has been changed
after a facsimile has been imprinted on such bonds or notes, such
facsimile seal will continue to be sufficient for all purposes.
Any resolution or resolutions authorizing any bonds or
notes
or any issue thereof may contain provisions, subject to
such
agreements with bondholders or noteholders as may then
exist,
which provisions shall be a part of the contract with the
holders
thereof, as to: the pledging of all or any part of the
revenues of
the authority to secure the payment of the bonds or
notes or of
any issue thereof; the use and disposition of
revenues of the
authority; a covenant to fix, alter, and collect
rentals and other
charges so that pledged revenues will be
sufficient to pay costs
of operation, maintenance, and repairs,
pay principal of and
interest on bonds or notes secured by the
pledge of such revenues,
and provide such reserves as may be
required by the applicable
resolution or trust agreement; the
setting aside of reserve funds,
sinking funds, or replacement and
improvement funds and the
regulation and disposition thereof; the
crediting of the proceeds
of the sale of bonds or notes to and
among the funds referred to
or provided for in the resolution
authorizing the issuance of the
bonds or notes; the use, lease,
sale, or other disposition of any
air quality project or any
other assets of the authority;
limitations on the purpose to
which the proceeds of sale of bonds
or notes may be applied and
the pledging of such proceeds to
secure the payment of the bonds
or notes or of any issue thereof;
as to notes issued in
anticipation of the issuance of bonds, the
agreement of the
authority to do all things necessary for the
authorization,
issuance, and sale of such bonds in such amounts as
may be
necessary for the timely retirement of such notes;
limitations on
the issuance of additional bonds or notes; the
terms upon which
additional bonds or notes may be issued and
secured; the
refunding of outstanding bonds or notes; the
procedure, if any,
by which the terms of any contract with
bondholders or
noteholders may be amended or abrogated, the amount
of bonds or
notes the holders of which must consent thereto, and
the manner
in which such consent may be given; limitations on the
amount of
moneys to be expended by the authority for operating,
administrative, or other expenses of the authority; securing any
bonds or notes by a trust agreement in accordance with section
3706.07 of the Revised Code; any other matters, of like or
different character, that in any way affect the security or
protection of the bonds or notes.
Neither the members of the authority nor any person
executing
the bonds or notes shall be liable personally on the
bonds or
notes or be subject to any personal liability or
accountability by
reason of the issuance thereof.
Sec. 3706.07. In the discretion of the Ohio air quality
development authority, any air quality revenue bonds or notes or
air quality revenue refunding bonds issued under Chapter 3706. of
the Revised Code, may be secured by a trust agreement between the
authority and a corporate trustee, which trustee may be any trust
company or bank having the powers of a trust company within or
without the state.
Any such trust agreement may pledge or assign revenues of
the
authority to be received, but shall not convey or mortgage
any air
quality project or any part thereof. Any such trust
agreement or
any resolution providing for the issuance of such
bonds or notes
may contain such provisions for protecting and
enforcing the
rights and remedies of the bondholders or
noteholders as are
reasonable and proper and not in violation of
law, including
covenants setting forth the duties of the
authority in relation to
the acquisition of property, the
construction, improvement,
maintenance, repair, operation, and
insurance of the air quality
project or projects in connection
with which such bonds or notes
are authorized, the rentals or
other charges to be imposed for the
use or services of any air
quality project, the application of
revenues received or otherwise derived from a commodity contract
or from the sale of the related commodity under such contract, the
custody, safeguarding, and application of
all moneys, and
provisions for the employment of consulting
engineers in
connection with the construction or operation of
such air quality
project or projects. Any bank or trust company
incorporated under
the laws of this state that may act as
depository of the proceeds
of bonds or notes or of revenues may
furnish such indemnifying
bonds or may pledge such securities as
are required by the
authority. Any such trust agreement may set
forth the rights and
remedies of the bondholders and noteholders
and of the trustee,
and may restrict the individual right of
action by bondholders and
noteholders as is customary in trust
agreements or trust
indentures securing similar bonds. Such
trust agreement may
contain such other provisions as the
authority determines
reasonable and proper for the security of
the bondholders or
noteholders. All expenses incurred in
carrying out the provisions
of any such trust agreement may be
treated as a part of the cost
of the operation of the air quality
project or projects. Any such
trust agreement or resolution
authorizing the issuance of air
quality revenue bonds may provide
the method whereby the general
administrative overhead expenses
of the authority shall be
allocated among the several projects
acquired or constructed by it
as a factor of the operation
expense of each such project.
Sec. 3718.03. (A) There is hereby created the
sewage
treatment system technical advisory committee consisting of
the
director of health or the director's designee and ten members
who
are knowledgeable about sewage treatment systems and
technologies
to be appointed by the director. Of the ten members, four shall be
appointed by the director, one shall represent academia, two shall
represent the interests of manufacturers of household sewage
treatment systems, one shall represent installers and service
providers, two shall be health commissioners who are members of
and recommended by the association of Ohio health commissioners,
one shall be a sanitarian who is registered under Chapter 4736. of
the Revised Code and who is a member of the Ohio environmental
health association, one shall be an engineer from the
environmental protection agency, one shall be selected from among
soil
scientists from the division of soil and water conservation
in the department of natural resources, and one shall
be a
representative of the public who is not employed by the state
or
any of its political subdivisions and who does not have a
pecuniary interest in sewage treatment systems. All
appointments
to the committee shall be made not later than sixty
days after the
effective date of this section governor, three shall be appointed
by the president of the senate, and three shall be appointed by
the speaker of the house of representatives.
(1) Of the members appointed by the governor, one shall
represent academia, one shall be a representative of the public
who is not employed by the state or any of its political
subdivisions and who does not have a pecuniary interest in
household sewage treatment systems, one shall be an engineer from
the environmental protection agency, and one shall be selected
from among soil scientists in the division of soil and water
conservation in the department of natural resources.
(2) Of the members appointed by the president of the senate,
one shall be a health commissioner who is a member of and
recommended by the association of Ohio health commissioners, one
shall represent the interests of manufacturers of household sewage
treatment systems, and one shall represent installers and service
providers.
(3) Of the members appointed by the speaker of the house of
representatives, one shall be a health commissioner who is a
member of and recommended by the association of Ohio health
commissioners, one shall represent the interests of manufacturers
of household sewage treatment systems, and one shall be a
sanitarian who is registered under Chapter 4736. of the Revised
Code and who is a member of the Ohio environmental health
association.
(B) Of the initial members appointed by the director to the
technical advisory committee, three shall be appointed for one
year, three shall be appointed for two years, and four shall be
appointed for three years. Thereafter, terms Terms of members
appointed to the committee shall be for three
years, with each
term ending on the same day of the same month as
did the term that
it succeeds. Each member shall serve from the
date of appointment
until the end of the term for which the member
was appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue to serve
after the expiration date of the member's term until the member's
successor is appointed or until a period of sixty days has
elapsed, whichever occurs first. The director applicable
appointing authority may remove a member
from the committee for
failure to attend two consecutive meetings
without showing good
cause for the absences.
(C) The director or the director's designee shall serve as
the chairperson of the technical advisory committee. The technical
advisory
committee annually shall select from among its members a
chairperson and a
vice-chairperson and a secretary to keep a
record of its
proceedings. A majority vote of the members of the
full committee is
necessary to take action on any matter. The
committee may adopt
bylaws governing its operation, including
bylaws that establish
the frequency of meetings.
(D) Serving as a member of the sewage treatment
system
technical advisory committee does not constitute holding a
public
office or position of employment under the laws of this
state and
does not constitute grounds for removal of public
officers or
employees from their offices or positions of
employment. Members
of the committee shall serve without
compensation for attending
committee meetings.
(E) A member of the committee shall not have a conflict of
interest with the position. For the purposes of this division,
"conflict of interest" means the taking of any action that
violates any provision of Chapter 102. or 2921. of the Revised
Code.
(F) The sewage treatment system technical advisory
committee
shall do all of the following:
(1) Develop with the department of health standards and
guidelines for use by the director in approving or disapproving a
sewage
treatment system or components of a system under section
3718.04
of the Revised Code;
(2) Develop with the department an application
form to be
submitted to the director by an applicant for approval
or
disapproval of a sewage treatment system or
components of a system
and specify the information that must be included with an
application form;
(3) Advise the director on the approval or disapproval of an
application sent to the
director under section 3718.04 of the
Revised Code requesting
approval of a sewage treatment system or
components
of a system;
(4) Pursue and recruit in an active manner the research,
development, introduction, and timely approval of innovative and
cost-effective household sewage treatment systems and components
of a system for use in this state, which shall include conducting
pilot projects to assess the effectiveness of a system or
components of a system;
(5) By January 1, 2008, provide the household sewage and
small flow on-site sewage treatment system study commission
created by Am. Sub. H.B. 119 of the 127th general assembly with a
list of available alternative systems and the estimated cost of
each system.
(G) If the committee meets in a calendar year, the director
of health The chairperson of the committee shall prepare and
submit a an annual report concerning the activities of the
committee to the general assembly not later than ninety days after
the end of the calendar year. The report shall discuss the number
of applications submitted under section 3718.04 of the Revised
Code for the approval of a new sewage treatment system or a
component of a system, the number of such systems and components
that were approved, any information that the committee considers
beneficial to the general assembly, and any other information that
the director chairperson determines is beneficial to the general
assembly. If other members of the committee determines determine
that certain information should be included in the report, the
committee they shall submit the information to the director
chairperson not later than thirty days after the end of the
calendar year.
(H) The department shall provide meeting space for
the
committee. The committee shall be assisted in its duties by
the
staff of the department.
(I) Sections 101.82 to 101.87 of the Revised Code do not
apply to the sewage treatment system technical advisory
committee.
Sec. 3721.51. The department of job and family services
shall do all of the following:
(A) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised
Code, determine an annual
franchise
permit fee on each
nursing
home in an amount equal to
six dollars and twenty-five cents
for
fiscal
years 2006 and 2007 and
one
dollar
for each
fiscal
year
thereafter, multiplied by the product
of the
following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX on the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in the fiscal year beginning
on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised
Code, determine an annual
franchise
permit fee on each
hospital in
an amount equal to
six dollars and twenty-five cents for
fiscal
years
2006 and 2007 and one
dollar
for each fiscal
year
thereafter,
multiplied by the product of the
following:
(1) The number of beds registered pursuant to section
3701.07
of the Revised Code as skilled nursing facility beds or
long-term
care beds, plus any other beds licensed as nursing home
beds under
section 3721.02 or 3721.09 of the Revised Code, on
the first day
of May
of
the calendar year in which the fee is determined
pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in the fiscal year beginning
on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(C) If the United States
centers for medicare and medicaid
services
determines that the
franchise permit fee established by
sections
3721.50
to
3721.58 of the Revised Code is an
impermissible health care
related tax under section 1903(w) of
the
"Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, take
all
necessary actions to
cease implementation of
sections 3721.50 to 3721.58 of the Revised Code
in
accordance with
rules
adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.541. (A) In addition to assessing a penalty
pursuant to section 3721.54 of the Revised Code, the department of
job and family services may do either any of the following if a
nursing facility or hospital fails to pay the full amount of a
franchise permit fee installment when due:
(1) Withhold an amount less than or equal to the installment
and penalty assessed under section 3721.54 of the Revised Code
from a medicaid payment due the nursing facility or hospital until
the nursing facility or hospital pays the installment and penalty;
(2) Offset an amount less than or equal to the installment
and penalty assessed under section 3721.54 of the Revised Code
from a Medicaid payment due the nursing facility or hospital;
(3) Terminate the nursing facility or hospital's medicaid
provider agreement.
(B) The department may withhold offset a medicaid payment
under division (A)(1) of this section without providing notice to
the nursing facility or hospital and without conducting an
adjudication under Chapter 119. of the Revised Code.
Sec. 3721.56.
There is hereby created in the state treasury
the home- and community-based services for the aged fund. Sixteen
per cent of
all
payments and
penalties paid by nursing
homes and
hospitals
under
sections
3721.53 and 3721.54 of the
Revised Code
for fiscal
years 2006 and 2007,
and all such payments and
penalties paid for
subsequent
fiscal
years, shall be deposited
into the fund. The departments of job and
family
services
and
aging
shall use the moneys in the fund to fund the
following
in
accordance with rules adopted under section 3721.58
of the
Revised
Code:
(A) The medicaid program established under
Chapter
5111. of
the Revised Code, including the PASSPORT program established under
section 173.40
of
the Revised Code;
(B) The residential state supplement program
established
under section 173.35 of the Revised Code.
Sec. 3727.391. (A) The duties of the director of health under
section 3727.39 of the Revised Code apply only to the extent that
appropriations are made by the general assembly to make
performance of the duties possible.
(B) Subject to division (A) of this section, the The director
of health shall enter into a contract with a person under which
the director's duties under section 3727.39 of the Revised Code
are performed by the person pursuant to the contract. The contract
may be entered into with any person selected by the director. For
purposes of section 3727.39 of the Revised Code, all references to
the director are references to the person who is under contract
with the director pursuant to this division.
The
department of health may accept gifts, grants,
donations, and awards for purposes of paying the fees or other
costs incurred when a contract is entered into under this
division.
Sec. 3734.57. (A) The following fees are hereby
levied on
the transfer or
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 2003, through
June 30, 2008 2010, one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste facility management fund created in section 3734.18 of the
Revised Code and one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste clean-up fund created in section 3734.28 of the Revised
Code;
(2) An additional one dollar per ton on
and after
July 1,
2003, through June 30,
2008 2010, the proceeds of which shall be
deposited in the state treasury to the credit of the solid waste
fund, which is hereby created. The environmental protection agency
shall use money in the solid waste fund to pay the costs of
administering and enforcing the laws pertaining to solid wastes,
infectious wastes, and construction and demolition debris,
including, without limitation, ground water evaluations related to
solid wastes, infectious wastes, and construction and demolition
debris, under this chapter and Chapter 3714. of the Revised Code
and any rules adopted under them, providing compliance assistance
to small businesses, and paying a share of the administrative
costs of the environmental protection agency pursuant to section
3745.014 of the Revised Code.
(3) An additional one dollar and fifty cents per ton on and
after July 1, 2005, through June 30, 2008 2010, the proceeds of
which shall be deposited in the state treasury to the credit of
the environmental protection fund created in section 3745.015 of
the Revised Code.
In the case of solid wastes that are taken to a solid waste
transfer facility located in this state prior to being transported
for disposal at a solid waste disposal facility located in this
state or outside of this state, the fees levied under this
division shall be collected by the owner or operator of the
transfer facility as a trustee for the state. The amount of fees
required to be collected under this division at such a transfer
facility shall equal the total tonnage of solid wastes received at
the facility multiplied by the fees levied under this division. In
the case of solid wastes that are not taken to a solid waste
transfer facility located in this state prior to being transported
to a solid waste disposal facility, the fees shall be collected by
the owner or operator of the solid waste disposal facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a disposal facility shall equal the
total tonnage of solid wastes received at the facility that was
not previously taken to a solid waste transfer facility located in
this state multiplied by the fees levied under this division. Fees
levied under this division do not apply to materials separated
from a mixed waste stream for recycling by a generator or
materials removed from the solid waste stream through recycling,
as "recycling" is defined in rules adopted under section 3734.02
of the Revised Code.
The owner or operator of a solid waste transfer facility or
disposal facility, as applicable, shall prepare and file with the
director of
environmental protection each month a return
indicating the total
tonnage of solid wastes received at the
facility during that month and the total amount of the fees
required to be collected under this
division during that month. In
addition, the owner or operator of a solid waste disposal facility
shall indicate on the return the total tonnage of solid wastes
received from transfer facilities located in this state during
that month for which the fees were required to be collected by the
transfer facilities. The monthly returns shall be filed on a form
prescribed by the director. Not later than thirty days after the
last day of the
month to which a return applies, the owner or
operator shall
mail to the director the return for that month
together with the
fees required to be collected under this
division during that month as indicated on the return. If the
return is filed and the amount of the fees due is paid in a timely
manner as required in this division, the owner or operator may
retain a discount of three-fourths of one per cent of the total
amount of the fees that are required to be paid as indicated on
the return.
The
owner or operator may request an extension of not more
than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request
in writing to
the
director together with a detailed description of
why the
extension is requested, the director has received the
request not
later than the day on which the return is required to
be filed,
and the director has approved the request. If the fees
are not
remitted within thirty days after the last day of the
month to which the return applies or are not remitted by the last
day of an extension approved by the director, the owner or
operator shall not retain the three-fourths of one per cent
discount and shall pay an
additional ten per cent of the amount of
the fees for each
month
that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a
refund or credit of fees levied under this division and remitted
to the director that have not been paid to the owner or operator.
Such a request shall be made only if the fees have not been
collected by the owner or operator, have become a debt that has
become worthless or uncollectable for a period of six months or
more, and may be claimed as a deduction, including a deduction
claimed if the owner or operator keeps accounts on an accrual
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26
U.S.C. 166, as amended, and regulations adopted under it. Prior to
making a request for a refund or credit, an owner or operator
shall make reasonable efforts to collect the applicable fees. A
request for a refund or credit shall not include any costs
resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in
writing, on a form prescribed by the director, and shall be
supported by evidence that may be required in rules adopted by the
director under this chapter. After reviewing the request, and if
the request and evidence submitted with the request indicate that
a refund or credit is warranted, the director shall grant a refund
to the owner or operator or shall permit a credit to be taken by
the owner or operator on a subsequent monthly return submitted by
the owner or operator. The amount of a refund or credit shall not
exceed an amount that is equal to ninety days' worth of fees owed
to an owner or operator by a particular debtor of the owner or
operator. A refund or credit shall not be granted by the director
to an owner or operator more than once in any twelve-month period
for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an
owner or operator receives payment of all or part of the fees, the
owner or operator shall remit the fees with the next monthly
return submitted to the director together with a written
explanation of the reason for the submittal.
For purposes of computing the fees levied under this division
or division (B) of this section, any solid waste transfer or
disposal facility that does not use scales as a means of
determining gate receipts shall use a conversion factor of three
cubic yards per ton of solid waste or one cubic yard per ton for
baled waste, as applicable.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be paid by the customer or a political subdivision
to the owner or operator of a solid
waste
transfer or disposal
facility notwithstanding the existence of any provision in a
contract that the customer or a political subdivision may have
with the owner or operator or with a transporter of waste to the
facility that would not require or allow such payment.
(B) For the purposes specified in division (G) of this
section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the
following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. A solid waste
management
district that levies fees under
this division on the
basis of cubic yards shall do so in accordance with division (A)
of this section.
The fee levied under division
(B)(1) of this section shall be
not less than one dollar per ton
nor more than two dollars per
ton, the fee levied under division
(B)(2) of this section shall be
not less than two dollars per ton
nor more than four dollars per
ton, and the fee levied under
division (B)(3) of this section
shall be not more than the fee
levied under division (B)(1) of
this section.
Prior to the approval of the solid waste management plan of
a
district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the
resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or
legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees. The committee
shall determine if the resolution has been ratified in the same
manner in which it determines if a draft solid waste management
plan has been ratified under division (B) of section 3734.55 of
the Revised Code.
The committee may amend the schedule of fees levied
pursuant
to a resolution adopted and
ratified under
this division by
adopting a resolution
establishing the proposed
amount of the
amended fees. The
committee may repeal the fees
levied pursuant to
such a
resolution by
adopting a resolution
proposing to repeal
them. Upon adopting
such a resolution, the
committee shall proceed
to obtain
ratification of the resolution
in accordance with this
division.
Not later than fourteen days after declaring the new fees to
be ratified or the fees to be repealed under this division, the
committee
shall notify by certified mail the owner or operator of
each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees or of the
repeal of the fees. Collection
of any
fees
shall
commence or
collection of repealed fees shall cease on the first day of the
second month following the
month
in which notification is sent to
the owner or operator.
Fees levied under this division also may be established,
amended, or repealed by a solid waste management policy committee
through the adoption of a new district solid waste management
plan, the adoption of an amended plan, or the amendment of the
plan or amended plan in accordance with sections 3734.55 and
3734.56 of the Revised Code or the adoption or amendment of a
district plan in connection with a change in district composition
under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended
plan, or amendment to a plan or amended plan that
establishes,
amends, or repeals a schedule of fees levied by the district,
the
committee shall notify by certified mail the
owner or operator of
each solid waste disposal facility that is
required to collect the
fees of the approval of the plan or
amended plan, or the amendment
to the plan, as appropriate, and
the amount of the fees, if any.
In the case of an
initial
or amended plan approved under section
3734.521 of the
Revised
Code in connection with a change in
district composition,
other
than one involving the withdrawal of a
county from a joint
district, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees, if any. Collection of any fees shall commence or collection
of repealed fees shall cease on the first
day of the
second month
following the month in which notification
is sent to
the owner or
operator.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the repeal of the district's
fees by
that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such
an initial or amended plan repeals a schedule of fees,
collection
of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the repeal of the
district's
fees by that
initial or amended plan. Collection of
any fees set
forth in
such a plan or amended plan shall commence
on the first
day of
the second month following the month in which
notification
is
sent to the owner or operator. If such an initial
or amended
plan repeals a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
If the schedule of fees that a solid waste management
district is levying under divisions (B)(1) to (3) of this section
is amended or repealed, the fees in effect immediately prior to
the amendment or repeal shall continue to be collected until
collection of the amended fees commences or collection of the
repealed fees ceases, as applicable, as specified in this
division. In the case of a change in district composition, money
so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of
wastes that are generated from the combustion of coal, or from
the
combustion of primarily coal in combination with scrap tires,
that
is not combined in any way with garbage at one or more
premises
owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer
facility, the fees levied under divisions (B) and
(C) of this
section shall be levied upon
the disposal of solid
wastes
transported off the premises of the
transfer facility for
disposal
and shall be collected by the
owner or operator of the
solid waste
disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to sewage sludge that is generated by a
waste
water treatment facility holding a national pollutant
discharge
elimination system permit and that is disposed of
through
incineration, land application, or composting or at
another
resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to solid wastes delivered to a solid
waste
composting facility for processing. When any unprocessed
solid
waste or compost product is transported off the premises of
a
composting facility and disposed of at a landfill, the fees
levied
under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(8) The director of environmental protection may issue an
order exempting from the fees levied under this section solid
wastes, including, but not limited to, scrap tires, that are
generated, transferred, or disposed of as a result of a contract
providing for the expenditure of public funds entered into by the
administrator or regional administrator of the United States
environmental protection agency, the director of environmental
protection, or the director of administrative services on behalf
of the director of environmental protection for the purpose of
remediating conditions at a hazardous waste facility, solid waste
facility, or other location at which the administrator or regional
administrator or the director of environmental protection has
reason to believe that there is a substantial threat to public
health or safety or the environment or that the conditions are
causing or contributing to air or water pollution or soil
contamination. An order issued by the director of environmental
protection under division (D)(8) of this section shall include a
determination that the amount of the fees not received by a solid
waste management district as a result of the order will not
adversely impact the implementation and financing of the
district's approved solid waste management plan and any approved
amendments to the plan. Such an order is a final action of the
director of environmental protection.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees
levied under division (B) of this
section shall be forwarded
to
the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the fiscal officer of the
township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or other officer
of the
municipal corporation under division (E) of this section
shall be
paid into the general fund of the municipal corporation.
Moneys
received by the fiscal officer of the township under that division
shall be paid into the general fund of the township. The
treasurer
or other officer of the municipal corporation or
the township
fiscal officer, as appropriate, shall maintain separate records of
the
moneys received from the fees levied under division (C) of
this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint
district arising from the fees levied
under division (B) of
this
section and the fee levied
under division (A) of section
3734.573
of the Revised Code shall
be expended by the board of
county
commissioners or directors of
the district in accordance
with the
district's solid waste
management plan or amended plan
approved
under section 3734.521,
3734.55, or 3734.56 of the
Revised Code
exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within
the district, if solid waste facilities are located within
the
district, for enforcement of this chapter and rules, orders,
and
terms and conditions of
permits, licenses, and variances
adopted
or issued under it,
other than the hazardous waste
provisions of
this chapter and
rules adopted and orders and terms
and conditions
of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within
the district for the enforcement of section 3734.03 of the
Revised
Code or to local law enforcement agencies having
jurisdiction
within the district for enforcing anti-littering
laws
and
ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter
119. of the Revised Code
prescribing procedures for
collecting and
forwarding the fees
levied under divisions (B) and
(C) of this
section to the boards
of county commissioners or
directors of
county or joint solid
waste management districts and
to the
treasurers or other
officers of municipal corporations and the
fiscal officers of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section.
Sec. 3735.672. (A) On or before the thirty-first day of
March each year, a legislative authority that has entered into an
agreement with a party under section 3735.671 of the Revised Code
shall submit to the director of development and the board of
education of each school district of which a municipal
corporation
or township to which such an agreement applies is a
part a report
on all such agreements in effect during the
preceding calendar
year. The report shall include the following
information:
(1) The designation, assigned by the director of
development,
of each community reinvestment area within the
municipal
corporation or county, and the total population of each
area
according to the most recent data available;
(2) The number of agreements and the number of full-time
employees subject to those agreements within each area, each
according to the most recent data available and identified and
categorized by the appropriate standard industrial code, and the
rate of unemployment in the municipal corporation or county in
which the area is located for each year since the area was
certified;
(3) The number of agreements approved and executed during
the
calendar year for which the report is submitted, the total
number
of agreements in effect on the thirty-first day of
December of the
preceding calendar year, the number of agreements
that expired
during the calendar year for which the report is
submitted, and
the number of agreements scheduled to expire
during the calendar
year in which the report is submitted. For
each agreement that
expired during the calendar year for which
the report is
submitted, the legislative authority shall include
the amount of
taxes exempted under the agreement.
(4) The number of agreements receiving compliance reviews
by
the tax incentive review council in the municipal corporation
or
county during the calendar year for which the report is
submitted,
including all of the following information:
(a) The number of agreements the terms of which the party
has
complied with, indicating separately for each such agreement
the
value of the real property exempted pursuant to the agreement
and
a comparison of the stipulated and actual schedules for
hiring new
employees, for retaining existing employees, and for
the amount of
payroll of the party attributable to these
employees;
(b) The number of agreements the terms of which a party
has
failed to comply with, indicating separately for each such
agreement the value of the real and personal property exempted
pursuant to the agreement and a comparison of the stipulated and
actual schedules for hiring new employees, for retaining existing
employees, and for the amount of payroll of the enterprise
attributable to these employees;
(c) The number of agreements about which the tax incentive
review council made recommendations to the legislative authority,
and the number of such recommendations that have not been
followed;
(d) The number of agreements rescinded during the calendar
year for which the report is submitted.
(5) The number of parties subject to agreements that
expanded
within each area, including the number of new employees
hired and
existing employees retained by that party, and the
number of new
parties subject to agreements that established
within each area,
including the number of new employees hired by
each party;
(6) For each agreement in effect during any part of the
preceding year, the number of employees employed by the party at
the property that is the subject of the agreement immediately
prior to formal approval of the agreement, the number of
employees
employed by the party at that property on the
thirty-first day of
December of the preceding year, the payroll
of the party for the
preceding year, the amount of taxes paid on
real property that was
exempted under the agreement, and the
amount of such taxes that
were not paid because of the exemption.
(B) Upon the failure of a municipal corporation or county
to
comply with division (A) of this section:
(1) Beginning on the first day of April of the calendar
year
in which the municipal corporation or county fails to comply
with
that division, the municipal corporation or county shall not
enter
into any agreements under section 3735.671 of the Revised
Code
until the municipal corporation or county has complied with
division (A) of this section.
(2) On the first day of each ensuing calendar month until
the
municipal corporation or county complies with that division,
the
director of development shall either order the proper county
auditor to deduct from the next succeeding payment of taxes to
the
municipal corporation or county under section 321.31, 321.32,
321.33, or 321.34 of the Revised Code an amount equal to five
hundred dollars for each calendar month the municipal corporation
or county fails to comply with that division, or order the county
auditor to deduct such an amount from the next succeeding payment
to the municipal corporation or county from the undivided local
government fund under section 5747.51 of the Revised Code. At
the
time such a payment is made, the county auditor shall comply
with
the director's order by issuing a warrant, drawn on the fund
from
which such money would have been paid, to the director of
development, who shall deposit the warrant into the state
community reinvestment area program administration fund created
in
division (C) of this section.
(C) The director, by rule, shall establish the state's
application fee for applications submitted to a municipal
corporation or county to enter into an agreement under section
3735.671 of the Revised Code. In establishing the amount of the
fee, the director shall consider the state's cost of
administering
the community reinvestment area program, including
the cost of
reviewing the reports required under division (A) of
this section.
The director may change the amount of the fee at
such times and in
such increments as he the director considers
necessary. Any
municipal corporation or county that receives an application
shall
collect the application fee and remit the fee for deposit
in the
state treasury to the credit of the state community
reinvestment
area program administration fund, which is hereby
created. Money
credited to the fund shall be used by the
department of
development to pay the costs of administering the
community
reinvestment area program, including the cost of
reviewing the
reports required under division (A) of this
section tax incentive
programs operating fund created in section 122.174 of the Revised
Code.
Sec. 3743.17. (A) The license of a wholesaler of
fireworks
is effective for one year beginning on the first day of
December.
The fire marshal shall issue
or renew a license only on that
date
and at no other time. If a wholesaler of fireworks wishes
to
continue engaging in the wholesale sale of fireworks at the
particular location after its then effective license expires, it
shall apply
not later than the first day of October for a new
license pursuant to section 3743.15 of the
Revised Code. The fire
marshal shall send a written notice of
the expiration of its
license to a licensed wholesaler at least
three months before
the
expiration date.
(B) If, during the effective period of its licensure, a
licensed wholesaler of fireworks wishes to perform any
construction, or make any structural change or renovation, on the
premises on which the fireworks are sold, the wholesaler shall
notify the fire marshal in writing. The fire marshal may require
a
licensed wholesaler also to submit documentation, including,
but
not limited to, plans covering the proposed construction or
structural change or renovation, if the fire marshal determines
the documentation is necessary for evaluation purposes in light
of
the proposed construction or structural change or renovation.
Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises on which the fireworks are sold to
determine if the
proposed construction or structural change or
renovation conforms
to sections 3743.15 to 3743.21 of the Revised
Code and the rules
adopted by the fire marshal pursuant to
section 3743.18 of the
Revised Code. The fire marshal shall
issue a written
authorization
to the wholesaler for the
construction or structural
change or
renovation if
the fire
marshal determines, upon the
inspection and
a review of submitted
documentation, that the
construction or
structural change or renovation
conforms to those
sections and
rules.
(C) The license of a wholesaler of fireworks authorizes
the
wholesaler to engage only in the following activities:
(1) Possess for sale at wholesale and sell at wholesale
fireworks to persons who are licensed wholesalers of fireworks,
to
out-of-state residents in accordance with section 3743.44 of
the
Revised Code, to residents of this state in accordance with
section 3743.45 of the Revised Code, or to persons located in
another state provided the fireworks are shipped directly out of
this state to them by the wholesaler. The possession for sale
shall be at the location described in the application for
licensure or in the notification submitted under division (B) of
this section, and the sale shall be from
the inside
of
a licensed
building and from no structure or device outside a
licensed
building. At no time shall a licensed wholesaler sell
any class
of
fireworks
outside a licensed building.
(2) Possess for sale at retail and sell at retail
fireworks,
other than
1.4G fireworks
as designated by the fire
marshal in
rules adopted pursuant to division (A) of
section
3743.05 of the
Revised Code, to licensed exhibitors in accordance
with sections
3743.50 to 3743.55 of the Revised Code, and possess
for sale at
retail and sell at retail fireworks, including
1.4G fireworks, to
out-of-state residents in accordance
with
section 3743.44 of the
Revised Code, to residents of this
state
in accordance with
section 3743.45 of the Revised Code, or
to
persons located in
another state provided the fireworks are
shipped directly out of
this state to them by the wholesaler.
The
possession for sale
shall be at the location described in the
application for
licensure or in the notification submitted under
division (B) of
this section, and the sale shall be from
the inside of the
licensed building and from no other
structure or device outside
this licensed building. At no time
shall a
licensed wholesaler
sell any class of fireworks outside a
licensed building.
A licensed wholesaler of fireworks shall sell
under division
(C) of this section only fireworks that meet the standards set by
the consumer product safety commission or by the American
fireworks
standard laboratories or that have received an EX number
from the
United States department of transportation.
(D) The license of a wholesaler of fireworks shall be
protected under glass and posted in a conspicuous place at the
location described in the application for licensure or in the
notification submitted under division (B) of this section.
Except
as otherwise provided in this section, the license is not
transferable or assignable. A license may be transferred to
another person for the same location for which the license was
issued if the assets of the wholesaler are transferred to that
person by inheritance or by a sale approved by the fire marshal.
The license is subject to revocation in accordance with section
3743.21 of the Revised Code.
(E) The fire marshal shall adopt rules for the expansion or
contraction of a licensed premises and for the approval of an
expansion or contraction. The boundaries of a licensed premises,
including any geographic expansion or contraction of those
boundaries, shall be approved by the fire marshal in accordance
with rules the fire marshal adopts. If the licensed premises of a
licensed wholesaler from which the wholesaler operates consists of
more than one parcel of real estate, those parcels must be
contiguous, unless an exception is allowed pursuant to division
(G) of this section.
(F)(1)
Upon application by a licensed wholesaler of
fireworks, a
wholesaler
license may be transferred from one
geographic location
to another within the
same municipal
corporation or within the
unincorporated area of the same
township, but only if all of the
following apply:
(a) The identity of the holder of the license remains the
same in
the
new location.
(b) The former location is closed prior to the opening of
the
new
location and no fireworks business of any kind is
conducted at
the former
location after the transfer of the
license.
(c) The new location has received a local certificate of
zoning
compliance and a local certificate of occupancy, and
otherwise is in
compliance
with all local building regulations.
(d) The transfer of the license is requested by the licensee
because the
existing facility poses an immediate hazard to the
public.
(e) Every building or structure at the new location is
separated from occupied residential and nonresidential buildings
or structures, railroads, highways, or any other buildings or
structures located on the licensed premises in accordance with the
distances specified in the rules adopted by the fire marshal
pursuant to section 3743.18 of the Revised Code.
If the licensee
fails to
comply with the requirements of division
(F)(1)(e) of
this section by the licensee's own
act, the license
at the new
location is
forfeited.
(f)(e) Neither the licensee nor any person holding, owning,
or
controlling
a five per cent or greater beneficial or equity
interest in the licensee has
been convicted of or has pleaded
guilty to a felony under the laws of this
state, any other state,
or the United
States after
June 30, 1997.
(g)(f) The fire marshal approves the request for the
transfer.
(2) The new location shall
comply with the requirements
specified
in
divisions (A)(1) and (2) of section 3743.25 of
the
Revised
Code
whether or not the fireworks showroom at
the new
location is
constructed, expanded, or first begins operating on
and
after
June 30, 1997.
(G)(1) A licensed wholesaler may expand its licensed premises
within this state to include not more than two storage locations
that are located upon one or more real estate parcels that are
noncontiguous to the licensed premises as that licensed premises
exists on the date a licensee submits an application as described
below, if all of the following apply:
(a) The licensee submits an application to the fire marshal
requesting the expansion and an application fee of one hundred
dollars per storage location for which the licensee is requesting
approval.
(b) The identity of the holder of the license remains the
same at the storage location.
(c) The storage location has received a valid certificate of
zoning compliance, as applicable, and a valid certificate of
occupancy for each building or structure at the storage location
issued by the authority having jurisdiction to issue the
certificate for the storage location, and those certificates
permit the distribution and storage of fireworks regulated under
this chapter at the storage location and in the buildings or
structures. The storage location shall be in compliance with all
other applicable federal, state, and local laws and regulations.
(d) Every building or structure located upon the storage
location is separated from occupied residential and nonresidential
buildings or structures, railroads, highways, and any other
buildings or structures on the licensed premises in accordance
with the distances specified in the rules adopted by the fire
marshal pursuant to section 3743.18 of the Revised Code.
(e) Neither the licensee nor any person holding, owning, or
controlling a five per cent or greater beneficial or equity
interest in the licensee has been convicted of or pleaded guilty
to a felony under the laws of this state, any other state, or the
United States, after the effective date of this amendment
September 29, 2005.
(f) The fire marshal approves the application for expansion.
(2) The fire marshal shall approve an application for
expansion requested under division (G)(1) of this section if the
fire marshal receives the application fee and proof that the
requirements of divisions (G)(1)(b) to (e) of this section are
satisfied. The storage location shall be considered part of the
original licensed premises and shall use the same distinct number
assigned to the original licensed premises with any additional
designations as the fire marshal deems necessary in accordance
with section 3743.16 of the Revised Code.
(H)(1) A licensee who obtains approval for use of a storage
location in accordance with division (G) of this section shall use
the site exclusively for the following activities, in accordance
with division (C)(1) of this section:
(a) Packaging, assembling, or storing fireworks, which shall
occur only in buildings approved for such hazardous uses by the
building code official having jurisdiction for the storage
location and shall be in accordance with the rules adopted by the
fire marshal under division (B)(4) of section 3743.18 of the
Revised Code for the packaging, assembling, and storage of
fireworks.
(b) Distributing fireworks to other parcels of real estate
located on the wholesaler's licensed premises, to licensed
manufacturers or other licensed wholesalers in this state or to
similarly licensed persons located in another state or country;
(c) Distributing fireworks to a licensed exhibitor of
fireworks pursuant to a properly issued permit in accordance with
section 3743.54 of the Revised Code.
(2) A licensed wholesaler shall not engage in any sales
activity, including the retail sale of fireworks otherwise
permitted under division (C)(2) of this section or pursuant to
section 3743.44 or 3743.45 of the Revised Code, at a storage
location approved under this section.
(I) A licensee shall prohibit public access to all storage
locations it uses. The fire marshal shall adopt rules establishing
acceptable measures a wholesaler shall use to prohibit access to
storage sites.
(J) The fire marshal shall not place the license of a
wholesaler
of fireworks in temporarily inactive status while the
holder of the license is
attempting to
qualify to retain the
license.
(K) Each licensed wholesaler of fireworks or a designee of
the
wholesaler, whose identity is provided to the fire marshal by
the wholesaler,
annually shall attend a continuing education
program consisting of not less
than eight hours of instruction.
The fire marshal shall develop the program
and the fire marshal or
a person or public agency approved by the fire marshal
shall
conduct it. A licensed wholesaler or the wholesaler's designee
who
attends a program as required under this division, within one
year
after
attending the program, shall conduct
in-service
training for
other employees of the licensed wholesaler regarding
the
information obtained in the program. A licensed wholesaler
shall
provide the
fire
marshal with notice of the date, time, and
place
of all in-service training
not
less than thirty days prior
to an
in-service training
event.
(L) A licensed
wholesaler shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.15 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
wholesaler shall secure supplemental insurance in an
amount and
type that satisfies the requirements of this division
so that no
lapse in coverage occurs at any time. A licensed
wholesaler who
secures supplemental insurance shall file evidence
of the
supplemental insurance with the fire marshal prior to
canceling
or reducing the amount of coverage of any comprehensive
general
liability insurance coverage required under this
division.
Sec. 3743.19. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.18 of the
Revised
Code, licensed wholesalers of fireworks shall conduct
their
business operations in accordance with the following:
(A) A wholesaler shall conduct its business operations
from
the location described in its application for licensure or
in a
notification submitted under division (B) of section 3743.17
of
the Revised Code.
(B) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a wholesaler
shall be
posted on the premises as determined by the fire
marshal.
(C) Reasonable precautions shall be taken to protect the
premises of a wholesaler from trespass, loss, theft, or
destruction.
(D) Smoking or the carrying of
pipes, cigarettes,
or
cigars,
matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the
premises of a wholesaler is prohibited, except that a
wholesaler
may permit smoking in specified lunchrooms or
restrooms
in
buildings or other structures in which no
sales,
handling, or
storage of fireworks takes place. "NO SMOKING"
signs shall be
posted on the premises as required by the fire marshal.
(E) Fire and explosion prevention and other reasonable
safety
measures and precautions shall be implemented by a
wholesaler.
(F) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of a wholesaler, any intoxicating liquor, beer, or controlled
substance, and they shall not be permitted to enter or remain on
the premises if they are found to be under the influence of any
intoxicating liquor, beer, or controlled substance.
(G) A wholesaler shall conform to all building, safety,
and
zoning statutes, ordinances, rules, or other enactments that
apply
to its premises.
(H) Each building used in the
sale of fireworks
shall be
kept
open to the public for at least four hours each day
between
the
hours of eight a.m. and five p.m., five days of each
week,
every
week of the year. Upon application from a licensed
wholesaler, the
fire marshal may waive any of the requirements of
this division.
(I)
Awnings, tents, or canopies shall not be used as
facilities
for the storage or sale of fireworks. This division
does not prohibit the use
of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area.
(J) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises. Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks nor may
members of the public have access to the trailers.
Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire barrier wall.
(K) A fire suppression system as defined in section
3781.108
of the Revised Code
may be turned off only for repair,
drainage of
the system to prevent damage by
freezing during the
period of
time, approved by the fire marshal under
division (I) of
this
section, that the facility is closed to public
access during
winter months, or maintenance of the system. If any
repair or
maintenance is necessary during times when the facility is open
for
public access and business, the licensed
wholesaler shall
notify in advance the appropriate insurance company and fire
chief
or fire prevention officer regarding the nature of the maintenance
or
repair and the time when it will be performed.
(L) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a fuse
approved
by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale.
(M) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before,
and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district;
(3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code.
(N) All doors of all
buildings on the licensed premises
shall
swing outward.
(O) All wholesale and
commercial sales of fireworks shall
be
packaged, shipped,
placarded, and transported in accordance
with
United
States department of
transportation regulations
applicable
to the transportation, and
the offering for
transportation, of
hazardous materials. For
purposes of this
division, "wholesale
and
commercial sales"
includes all sales for
resale and any
nonretail
sale made in
furtherance of a commercial
enterprise.
For
purposes
of
enforcement of these regulations under
section
4905.83
of the
Revised
Code, any sales transaction
exceeding one
thousand
pounds
shall be rebuttably presumed to be
a
wholesale or
commercial sale.
Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or
exhibitor shall bring fireworks showroom
structures, to which the
public
may have any access and in which employees are required to
work, on all
licensed
premises, into compliance with the following
safety requirements:
(1) A Except as otherwise provided in division (A)(1) of this
section, a fireworks showroom that is constructed or upon which
expansion is
undertaken on and
after
the effective date of
this
section
June 30, 1997, shall be equipped with interlinked fire
detection, fire
suppression,
smoke exhaust, and smoke evacuation
systems that are
approved by the
superintendent of the division of
industrial
compliance in the department of commerce. Division
(A)(1) of this section does not apply if a licensee conducts sales
only on the basis of defused representative samples in closed and
covered displays within a fireworks showroom.
(2) A fireworks showroom that first begins to operate on or
after
the
effective
date of this section
June 30, 1997, and to
which the public
has access for retail
purposes shall not exceed
five thousand
square feet in floor area.
(3) A fireworks
showroom structure that
exists on
the
effective date of this section
June 30, 1997,
but that, on or
after
the effective
date of this section
June 30, 1997,
is altered
or added to in a manner requiring
the submission of
plans,
drawings, specifications, or data
pursuant to section
3791.04 of
the Revised
Code, shall comply with
a graphic floor plan layout
that is approved by the fire marshal
and
superintendent of the
division of industrial compliance
showing width of
aisles,
parallel arrangement of aisles to exits,
number of exits per wall,
maximum occupancy load, evacuation plan
for occupants, height of
storage or
display of merchandise, and
other information as may be
required by the
fire marshal and
superintendent.
(4)(a) Except as provided in division
(A)(4)(b) of this
section, a fireworks showroom structure
that exists on
the
effective date of this section
June 30, 1997, shall be retrofitted
on or
before
June 1, 1998, with interlinked fire detection, smoke
exhaust,
and
smoke evacuation systems that
are approved by the
superintendent
of the division of industrial compliance.
(b) If meeting the retrofitting requirements set forth in
division
(A)(4)(a) of this section would constitute an extreme
financial
hardship that would force a licensee to terminate
business operations or if a licensee voluntarily so elects,
the
licensee shall conduct sales only on the
basis of
de-fused defused
representative samples in closed and covered
displays within the
fireworks showroom, in which case division (A)(1) of this section
does not apply.
(5) A fireworks showroom structure that exists on
the
effective date of this section
June 30, 1997, shall be in
compliance on or
before
June 1, 1998, with floor
plans showing
occupancy load limits and
internal circulation and
egress patterns
that are approved by the
fire marshal and
superintendent of
industrial compliance, and that
are submitted
under seal as
required by section 3791.04 of the
Revised
Code.
(B) The safety requirements established in
division (A) of
this section are not subject to any variance, waiver,
or exclusion
pursuant to this chapter or any applicable building code.
Sec. 3743.75. (A) During the period beginning on
June 29,
2001, and ending on December 15, 2008 2011,
the state fire marshal
shall not do any of the following:
(1) Issue a license as a manufacturer of fireworks under
sections 3743.02 and 3743.03 of the Revised Code to a person for a
particular fireworks plant unless that person possessed such a
license for that fireworks plant immediately prior to
June 29,
2001;
(2) Issue a license as a wholesaler of fireworks under
sections 3743.15 and 3743.16 of the Revised Code to a person for a
particular location unless that person possessed such a license
for that location immediately prior to
June 29, 2001;
(3) Except as provided in division (B) of this section,
approve the geographic transfer of a license as a manufacturer or
wholesaler
of fireworks issued under this chapter to any location
other than
a location for which a license was issued under this
chapter
immediately prior to
June 29,
2001.
(B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division
(F)
of section 3743.17 of the Revised Code.
(C) Notwithstanding section 3743.59 of
the Revised Code, the
prohibited activities established in divisions (A)(1) and (2) of
this section, geographic transfers approved pursuant to division
(F) of section 3743.17 of the Revised Code, and storage locations
allowed pursuant to division (I) of section 3743.04 of the Revised
Code or division (G) of section 3743.17 of the Revised Code are
not subject to any variance, waiver, or exclusion.
(D) As used in division (A) of this section:
(1) "Person" includes any person or entity, in whatever form
or name, that acquires possession of a manufacturer or wholesaler
of fireworks license issued pursuant to this chapter by transfer
of possession of a license, whether that transfer occurs by
purchase, assignment, inheritance, bequest, stock transfer, or any
other type of transfer, on the condition that the transfer is in
accordance with division (D) of section 3743.04 of the Revised
Code or division (D) of section 3743.17 of the Revised Code and is
approved by the fire marshal.
(2) "Particular location" includes a licensed premises and,
regardless of when approved, any storage location approved in
accordance with section 3743.04 or 3743.17 of the Revised Code.
(3) "Such a license" includes a wholesaler of fireworks
license that was issued in place of a manufacturer of fireworks
license that existed prior to June 29, 2001, and was requested to
be canceled by the license holder pursuant to division (D) of
section 3743.03 of the Revised Code.
Sec. 3745.04. (A) As used in this section, "any person" means
any individual, any partnership, corporation, association, or
other legal entity, or any political subdivision,
instrumentality,
or agency of a state, whether or not the
individual or legal
entity is an applicant for or holder of a
license, permit, or
variance from the environmental protection
agency, and includes
any department, agency, or instrumentality
of the federal
government that is an applicant for or holder of a
license,
permit, or variance from the environmental protection
agency.
As used in this section, "action" or "act" includes the
adoption, modification, or repeal of a rule or standard, the
issuance, modification, or revocation of any lawful order other
than an emergency order, and the issuance, denial, modification,
or revocation of a license, permit, lease, variance, or
certificate, or the approval or disapproval of plans and
specifications pursuant to law or rules adopted thereunder.
(B) Any person who was a party to a proceeding before the
director
of environmental protection may participate in an appeal
to the environmental review appeals
commission for an order
vacating or modifying the
action of the
director
or
a local board
of health, or
ordering the director or
board of health to perform
an act. The
environmental review
appeals commission has exclusive
original jurisdiction over any
matter that may, under this
section, be brought before
it. However, the director has and
retains jurisdiction to modify, amend, revise, renew, or revoke
any permit, rule, order, or other action that has been appealed to
the commission. The modification, amendment, revision, renewal, or
revocation is subject to applicable public participation and
public notice requirements and is subject to an appeal under this
section or section 3745.07 of the Revised Code, as applicable. Not
later than thirty days after the issuance of the modification,
amendment, revision, renewal, or revocation, the director shall
file with the commission and serve on each party to the existing
appeal a statement notifying the commission and the party that the
appealed action was revoked or describing how the appealed action
was modified, amended, revised, or changed as part of a renewal,
as applicable. A party to the existing appeal is deemed to have
appealed such a modification, amendment, revision, renewal, or
revocation upon filing with the commission and serving on all
parties an objection to the modification, amendment, revision,
renewal, or revocation. The objection shall be filed with the
commission not later than thirty days after the director files the
statement with the commission regarding the modification,
amendment, revision, renewal, or revocation. The objection shall
state any new grounds of appeal resulting from the modification,
amendment, revision, renewal, or revocation. The commission shall
not charge a fee for the filing of such an objection.
The A person so appealing to the commission shall be known
as
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is
taken shall be known as appellee, except that when an appeal
involves a license to operate a disposal site or facility, the
local board of health or the director of environmental
protection,
and any party to a proceeding substantially
supporting the finding
from which the appeal is taken, shall, as
appropriate, be known as
the appellee. Appellant and appellee
shall be deemed to be
parties
to the appeal.
(C) The director may appeal an action of a local board of
health conducted under Chapter 3714. or 3734. of the Revised Code
to the environmental review appeals commission for an order
vacating or modifying the action of the board or may appeal to the
commission for an order requiring the local board of health to
perform an act.
(D) An appeal shall be in writing and shall set forth the
action
complained of and the grounds upon which the appeal is
based.
The appeal shall be filed with the commission within
thirty
days after notice of the action. Notice of the filing of the
appeal
shall be filed with the appellee within three days after
the
appeal is filed with the commission.
The appeal shall be accompanied by a filing fee of
seventy
dollars, which the commission, in its discretion, may
reduce if by
affidavit the appellant demonstrates that payment of the full
amount of the fee would cause extreme hardship.
Within seven days after receipt of the notice of an appeal
filed under division (B) of this section, the
director or local
board of health, as applicable, shall prepare and certify to
the
commission a record of the proceedings out of which
the appeal
arises, including all documents and correspondence, and a
transcript of all testimony.
Upon the filing of an appeal, the commission shall fix
the
time
and place at which the hearing on the appeal will be held.
The
commission shall give
the appellant and the appellee at least
ten days'
written notice thereof by certified mail. The
commission
shall hold the hearing within thirty days after the
notice of
appeal is
filed. The commission may postpone or
continue any
hearing upon its
own motion or upon application of
the appellant
or of the appellee.
The filing of an appeal does not automatically suspend or
stay execution of the action appealed from. Upon application by
the appellant, the commission may suspend or stay
the
execution
pending immediate determination of the appeal without
interruption
by continuances, other than for unavoidable
circumstances.
(E) As used in this section and sections 3745.05 and 3745.06
of
the Revised Code, "director of
environmental protection" and
"director" are deemed to include the director of
agriculture and
"environmental protection agency" is deemed to include the
department of agriculture with respect to actions that are
appealable to the
commission under Chapter 903. of the Revised
Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Each person who is issued a permit to install prior to
July 1, 2003, pursuant to rules adopted under division (F) of
section 3704.03
of
the Revised Code shall pay the fees specified
in the following
schedules:
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) |
|
|
(million British thermal units per hour) |
|
Permit to install |
Greater than 0, but less than 10 |
|
$ 200 |
10 or more, but less than 100 |
|
400 |
100 or more, but less than 300 |
|
800 |
300 or more, but less than 500 |
|
1500 |
500 or more, but less than 1000 |
|
2500 |
1000 or more, but less than 5000 |
|
4000 |
5000 or more |
|
6000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half of the applicable
amount established in division (F)(1) of this section.
Input capacity (pounds per hour) |
|
Permit to install |
0 to 100 |
|
$ 100 |
101 to 500 |
|
400 |
501 to 2000 |
|
750 |
2001 to 20,000 |
|
1000 |
more than 20,000 |
|
2500 |
Process weight rate (pounds per hour) |
|
Permit to install |
0 to 1000 |
|
$ 200 |
1001 to 5000 |
|
400 |
5001 to 10,000 |
|
600 |
10,001 to 50,000 |
|
800 |
more than 50,000 |
|
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any
person issued a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code shall pay the
fees established in division (B)(3)(c) of this section for a
process used in any of the following industries, as identified by
the applicable four-digit standard industrial classification code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process listed in division (B)(3)(b) of this section:
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
10,001 to 50,000 |
300 |
50,001 to 100,000 |
400 |
100,001 to 200,000 |
500 |
200,001 to 400,000 |
600 |
400,001 or more |
700 |
Gallons (maximum useful capacity) |
|
Permit to install |
0 to 20,000 |
|
$ 100 |
20,001 to 40,000 |
|
150 |
40,001 to 100,000 |
|
200 |
100,001 to 250,000 |
|
250 |
250,001 to 500,000 |
|
350 |
500,001 to 1,000,000 |
|
500 |
1,000,001 or greater |
|
750 |
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing |
|
Permit to install |
facility |
|
$ 100 |
(6) Dry cleaning facilities
For each dry cleaning facility |
|
Permit to install |
(includes all units at the facility) |
|
$ 100 |
For each source covered |
|
Permit to install |
by registration status |
|
$ 75 |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions
of each such regulated pollutant in calendar year 1995,
and each
subsequent calendar year, to be collected no sooner than
the
fifteenth day of April of the year next succeeding the
calendar
year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(3) of this
section,
from January 1, 1994, through December 31, 2003, each person
who
owns or
operates an air contaminant source; who is required to
apply for
a
permit to operate pursuant to rules adopted under
division (G),
or
a variance pursuant to division (H), of section
3704.03 of the
Revised Code; and who is not required to apply for
and obtain a
Title V permit under section 3704.036 of the Revised
Code shall
pay a single fee based upon the sum of the actual
annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic
compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2) Except as provided in division (D)(3) of this section,
beginning January 1, 2004, each person who owns or operates an air
contaminant source; who is required to apply for a permit to
operate pursuant to rules adopted under division (G), or a
variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.03 of the Revised Code shall pay
a single fee based upon the sum of the actual annual emissions
from the facility of the regulated pollutants particulate matter,
sulfur dioxide, nitrogen oxides, organic compounds, and lead in
accordance with the following schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
10 or more, but less than 50 |
|
200 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(3)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2008 2010,
each
person who owns or operates a
synthetic minor facility shall
pay
an annual fee based on the sum
of the actual annual emissions
from
the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(4) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division
(D)(2) of this section shall be collected annually no sooner than
the fifteenth day of April, commencing in 2005. The fees assessed
under division
(D)(3) of this section shall be
collected no sooner
than the
fifteenth day of April, commencing
in 2000. The fees
assessed
under
division (D) of
this section in a calendar year
shall be
based upon the sum of the
actual emissions of those
regulated
pollutants during the
preceding calendar year. For the
purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations,
emission factors,
material balance
calculations, or performance
testing procedures,
as authorized by
the director. The director,
by rule, may
require
persons who are
required to pay the fees
assessed under
division
(D) of this
section to pay those fees
biennially rather than
annually.
(E)(1) Consistent with the need to cover the reasonable
costs
of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the
director
shall use the revision of the consumer price index that
is most
consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to
rules adopted under division (F) of section 3704.03 of the
Revised
Code on or after July 1, 2003, shall pay the fees
specified in the
following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process
heaters used in the process of burning fuel for the primary
purpose of producing heat or power by indirect heat transfer)
Input capacity (maximum) |
|
(million British thermal units per hour) |
Permit to install |
Greater than 0, but less than 10 |
$ 200 |
10 or more, but less than 100 |
400 |
100 or more, but less than 300 |
1000 |
300 or more, but less than 500 |
2250 |
500 or more, but less than 1000 |
3750 |
1000 or more, but less than 5000 |
6000 |
5000 or more |
9000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion
engines designed to generate electricity
Generating capacity (mega watts) |
Permit to install |
0 or more, but less than 10 |
$ 25 |
10 or more, but less than 25 |
150 |
25 or more, but less than 50 |
300 |
50 or more, but less than 100 |
500 |
100 or more, but less than 250 |
1000 |
250 or more |
2000 |
Input capacity (pounds per hour) |
Permit to install |
0 to 100 |
$ 100 |
101 to 500 |
500 |
501 to 2000 |
1000 |
2001 to 20,000 |
1500 |
more than 20,000 |
3750 |
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
1001 to 5000 |
500 |
5001 to 10,000 |
750 |
10,001 to 50,000 |
1000 |
more than 50,000 |
1250 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace,
combustion turbine, stationary internal combustion engine, or
process heater designed to provide direct heat or power to a
process not designed to generate electricity shall be assessed a
fee established in division (F)(4)(a) of this section. A
combustion turbine or stationary internal combustion engine
designed to generate electricity shall be assessed a fee
established in division (F)(2) of this section.
(b) Notwithstanding division (F)(4)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(4)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable two-digit, three-digit, or four-digit standard
industrial classification
code
according to the Standard
Industrial Classification Manual
published by the United States
office of management and budget in
the executive office of the
president, 1987, as revised:
Major group 10, metal mining;
Major group 12, coal mining;
Major group 14, mining and quarrying of nonmetallic minerals;
Industry group 204, grain mill products;
2873 Nitrogen fertilizers;
2874 Phosphatic fertilizers;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated;
4221 Grain elevators (storage only);
5159 Farm related raw materials;
5261 Retail nurseries and lawn and garden supply stores.
(c) The fees set forth in the following schedule apply to
the
issuance of a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code for a
process
identified in division (F)(4)(b) of this section:
|
Process weight rate (pounds per hour) |
|
Permit to install |
|
|
0 to 10,000 |
|
$ 200 |
|
|
10,001 to 50,000 |
|
400 |
|
|
50,001 to 100,000 |
|
500 |
|
|
100,001 to 200,000 |
|
600 |
|
|
200,001 to 400,000 |
|
750 |
|
|
400,001 or more |
|
900 |
|
|
Gallons (maximum useful capacity) |
|
Permit to install |
|
|
0 to 20,000 |
|
$ 100 |
|
|
20,001 to 40,000 |
|
150 |
|
|
40,001 to 100,000 |
|
250 |
|
|
100,001 to 500,000 |
|
400 |
|
|
500,001 or greater |
|
750 |
|
(6) Gasoline/fuel dispensing facilities
For each gasoline/fuel
|
|
|
|
dispensing facility (includes all |
|
Permit to install |
|
units at the facility) |
|
$ 100 |
|
(7) Dry cleaning facilities
For each dry cleaning
|
|
|
|
facility (includes all units |
|
Permit to install |
|
at the facility) |
|
$ 100 |
|
For each source covered |
|
Permit to install |
|
by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division
pursuant to that division and moneys
received by the
agency
pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this
section shall be deposited in the state
treasury to the
credit of
the clean air fund created in section
3704.035 of the
Revised
Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2008 2010, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2008 2010, except that the total fee shall not
exceed
fifteen thousand dollars through June 30,
2008 2010,
and
five
thousand
dollars on and after July 1,
2008 2010. The fee
shall be paid at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2006 2008, and
January
30,
2007 2009, a person holding an NPDES
discharge permit issued
pursuant
to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2006 2008, and
|
|
|
|
|
January 30, 2007 2009 |
5,000 to 49,999 |
|
|
$ 200 |
|
50,000 to 100,000 |
|
|
500 |
|
100,001 to 250,000 |
|
|
1,050 |
|
250,001 to 1,000,000 |
|
|
2,600 |
|
1,000,001 to 5,000,000 |
|
|
5,200 |
|
5,000,001 to 10,000,000 |
|
|
10,350 |
|
10,000,001 to 20,000,000 |
|
|
15,550 |
|
20,000,001 to 50,000,000 |
|
|
25,900 |
|
50,000,001 to 100,000,000 |
|
|
41,400 |
|
100,000,001 or more |
|
|
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit
holder that is an industrial
discharger,
other than a coal mining operator identified by
P in
the third
character of the permittee's NPDES permit
number, shall
pay the
fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2006 2008, and
|
|
|
|
|
January 30, 2007 2009 |
5,000 to 49,999 |
|
|
$ 250 |
|
50,000 to 250,000 |
|
|
1,200 |
|
250,001 to 1,000,000 |
|
|
2,950 |
|
1,000,001 to 5,000,000 |
|
|
5,850 |
|
5,000,001 to 10,000,000 |
|
|
8,800 |
|
10,000,001 to 20,000,000 |
|
|
11,700 |
|
20,000,001 to 100,000,000 |
|
|
14,050 |
|
100,000,001 to 250,000,000 |
|
|
16,400 |
|
250,000,001 or more |
|
|
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
seven thousand five
hundred
dollars not later than
January 30,
2006 2008, and not
later
than
January 30, 2007 2009. Any person who fails to pay the
surcharge
at
that time shall pay an
additional amount that equals
ten per
cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2006 2008, and not later than January
30,
2007 2009. Any person who fails to pay the fee at that
time
shall pay
an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall
be payable on or before January 30, 2004, and the thirtieth
day of
January of each year thereafter. Any person who fails to
pay the
fee on the date specified in division (L)(6) of this
section shall
pay an additional amount per year equal to ten per
cent of the
annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2008 2010, a person applying for a
license
or license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Except as provided in division (M)(4) of this section, fees
required under this division shall be calculated and
paid in
accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of
section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2008 2010, the
fee is:
Number of service connections |
Fee amount |
|
|
Not more than 49 |
$ 112 |
|
|
50 to 99 |
176 |
|
Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$ 1.92 |
|
|
2,500 to 4,999 |
|
1.48 |
|
|
5,000 to 7,499 |
|
1.42 |
|
|
7,500 to 9,999 |
|
1.34 |
|
|
10,000 to 14,999 |
|
1.16 |
|
|
15,000 to 24,999 |
|
1.10 |
|
|
25,000 to 49,999 |
|
1.04 |
|
|
50,000 to 99,999 |
|
.92 |
|
|
100,000 to 149,999 |
|
.86 |
|
|
150,000 to 199,999 |
|
.80 |
|
|
200,000 or more |
|
.76 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of
section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2008 2010, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 112 |
|
|
150 to 299 |
|
176 |
|
|
300 to 749 |
|
384 |
|
|
750 to 1,499 |
|
628 |
|
|
1,500 to 2,999 |
|
1,268 |
|
|
3,000 to 7,499 |
|
2,816 |
|
|
7,500 to 14,999 |
|
5,510 |
|
|
15,000 to 22,499 |
|
9,048 |
|
|
22,500 to 29,999 |
|
12,430 |
|
|
30,000 or more |
|
16,820 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of
section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2008 2010, the fee is:
Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$112 |
|
|
2 |
|
112 |
|
|
3 |
|
176 |
|
|
4 |
|
278 |
|
|
5 |
|
568 |
|
|
System designated as using a |
|
|
|
|
surface water source |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(4) A public water system designated as using a surface water
source shall pay a fee of seven hundred ninety-two dollars or the
amount calculated under division (M)(1) or (2) of this section,
whichever is greater.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus thirty-five
hundredths of one per
cent of the estimated project cost, except
that the total fee
shall not exceed twenty thousand dollars
through June 30,
2008 2010,
and fifteen thousand dollars on and
after July 1,
2008 2010.
The fee
shall be paid at the time the
application is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2008 2010, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
|
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
MF |
|
2,100 |
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
organic chemical |
|
5,400 |
|
|
trace metals |
|
5,400 |
|
|
standard chemistry |
|
2,800 |
|
|
limited chemistry |
|
1,550 |
|
On and after July 1,
2008 2010, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$ 1,650 |
|
|
organic chemicals |
|
3,500 |
|
|
trace metals |
|
3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
limited chemistry |
|
1,000 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2008 2010, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the
addition of analytical methods or analysts, in which case the
person shall pay eighteen hundred dollars for each additional
survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of forty-five dollars through November 30, 2008
2010, and twenty-five dollars on and after December 1, 2008 2010.
Upon approval from the director that the applicant is eligible to
take the examination therefor, the applicant shall pay a fee in
accordance with the following schedule through November 30, 2008
2010:
|
Class A operator |
|
$35 |
|
|
Class I operator |
|
60 |
|
|
Class II operator |
|
75 |
|
|
Class III operator |
|
85 |
|
|
Class IV operator |
|
100 |
|
On and after December 1,
2008 2010, the applicant shall pay a
fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
A person shall pay a biennial certification renewal fee for
each applicable class of certification in accordance with the
following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director
more than thirty days, but not more than one year after the
expiration date of the certification, the person shall pay a
certification renewal fee in accordance with the following
schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a
fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Any person submitting an
application for an industrial
water pollution control certificate
under section 6111.31 of the
Revised Code, as that section existed before its repeal by H.B. 95
of the 125th general assembly, shall pay a
nonrefundable fee of
five hundred dollars at the time the
application is submitted. The
director shall transmit all moneys
collected under this division
to the treasurer of state for
deposit into the surface water
protection fund created in section
6111.038 of the Revised Code. A
person paying a certificate fee
under this division shall not pay
an application fee under
division (S)(1) of this section. On and
after June 26, 2003, persons shall file such applications and pay
the fee as required under sections 5709.20 to 5709.27 of the
Revised Code, and proceeds from the fee shall be credited as
provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a
modification of a permit for a solid waste disposal
facility or
an
infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install
a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap
tire collection facility under section 3734.75 of the
Revised Code
shall pay a fee of two hundred dollars, except that
if the
facility is owned or operated by a motor vehicle salvage
dealer
licensed under Chapter 4738. of the Revised Code, the
person shall
pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or
permit fee under divisions (R)(1) to (6) of this section, a
person
issued a registration certificate or permit for any such
scrap
tire facility who fails to pay the registration certificate
or
permit fee to the director in compliance with division (V) of
this
section shall pay an additional ten per cent of the amount
of
the
fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2008 2010, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2008 2010.
Through June
30,
2008 2010, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2008 2010,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage
fee shall not exceed three hundred dollars. In addition,
any
person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a
registration certificate, permit, variance, or plan approval for
which an application fee is established under division (S)(1) of
this section, the person shall pay the applicable application fee
as expeditiously as possible after the submission of the
electronic application. An application for a registration
certificate, permit, variance, or plan approval for which an
application fee is established under division (S)(1) of this
section shall not be reviewed or processed until the applicable
application fee, and any other fees established under this
division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct
cost to the state associated with the issuance of a permit
to
install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this
section or unless otherwise prescribed by a rule of the
director
adopted pursuant to Chapter 119. of the Revised Code,
all
fees
required by this section are payable within thirty days
after
the
issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section,
a sewage sludge facility that
treats or disposes of
exceptional
quality
sludge shall pay a minimum annual sewage
sludge fee of one
hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and
transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals
listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3767.41. (A) As used in this section:
(1) "Building" means, except as otherwise provided in this
division, any building or structure that is used or intended to
be
used for residential purposes. "Building" includes, but is
not
limited to, a building or structure in which any floor is
used for
retail stores, shops, salesrooms, markets, or similar
commercial
uses, or for offices, banks, civic administration
activities,
professional services, or similar business or civic
uses, and in
which the other floors are used, or designed and
intended to be
used, for residential purposes. "Building" does
not include any
building or structure that is occupied by its
owner and that
contains three or fewer residential units.
(2)(a) "Public nuisance" means a building that is a menace to
the public health, welfare, or safety; that is structurally
unsafe, unsanitary, or not provided with adequate safe egress;
that constitutes a fire hazard, is otherwise dangerous to human
life, or is otherwise no longer fit and habitable; or that, in
relation to its existing use, constitutes a hazard to the public
health, welfare, or safety by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment.
(b) "Public nuisance" as it applies to subsidized housing
means subsidized housing that fails to meet the following
standards as specified in the federal rules governing each
standard:
(i) Each building on the site is structurally sound, secure,
habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);
(ii) Each building's domestic water, electrical system,
elevators, emergency power, fire protection, HVAC, and sanitary
system is free of health and safety hazards, functionally
adequate, operable, and in good repair, as defined in 24 C.F.R.
5.703(c);
(iii) Each dwelling unit within the building is structurally
sound, habitable, and in good repair, and all areas and aspects of
the dwelling unit are free of health and safety hazards,
functionally adequate, operable, and in good repair, as defined in
24 C.F.R. 5.703(d)(1);
(iv) Where applicable, the dwelling unit has hot and cold
running water, including an adequate source of potable water, as
defined in 24 C.F.R. 5.703(d)(2);
(v) If the dwelling unit includes its own sanitary facility,
it is in proper operating condition, usable in privacy, and
adequate for personal hygiene, and the disposal of human waste, as
defined in 24 C.F.R. 5.703(d)(3);
(vi) The common areas are structurally sound, secure, and
functionally adequate for the purposes intended. The basement,
garage, carport, restrooms, closets, utility, mechanical,
community rooms, daycare, halls, corridors, stairs, kitchens,
laundry rooms, office, porch, patio, balcony, and trash collection
areas are free of health and safety hazards, operable, and in good
repair. All common area ceilings, doors, floors, HVAC, lighting,
smoke detectors, stairs, walls, and windows, to the extent
applicable, are free of health and safety hazards, operable, and
in good repair, as defined in 24 C.F.R. 5.703(e);
(vii) All areas and components of the housing are free of
health and safety hazards. These areas include, but are not
limited to, air quality, electrical hazards, elevators,
emergency/fire exits, flammable materials, garbage and debris,
handrail hazards, infestation, and lead-based paint, as defined in
24 C.F.R. 5.703(f).
(3) "Abate" or "abatement" in connection with any building
means the removal or correction of any conditions that constitute
a public nuisance and the making of any other improvements that
are needed to effect a rehabilitation of the building that is
consistent with maintaining safe and habitable conditions over
its
remaining useful life. "Abatement" does not include the
closing or
boarding up of any building that is found to be a
public nuisance.
(4) "Interested party" means any owner, mortgagee,
lienholder, tenant, or person that possesses an interest of
record
in any property that becomes subject to the jurisdiction
of a
court pursuant to this section, and any applicant for the
appointment of a receiver pursuant to this section.
(5) "Neighbor" means any owner of property, including, but
not limited to, any person who is purchasing property by land
installment contract or under a duly executed purchase contract,
that is located within five hundred feet of any property that
becomes subject to the jurisdiction of a court pursuant to this
section, and any occupant of a building that is so located.
(6) "Tenant" has the same meaning as in section 5321.01 of
the Revised Code.
(7) "Subsidized housing" means a property consisting of more
than four dwelling units that, in whole or in part, receives
project-based assistance pursuant to a contract under any of the
following federal housing programs:
(a) The new construction or substantial rehabilitation
program under section 8(b)(2) of the "United States Housing Act of
1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as
that program was in effect immediately before the first day of
October, 1983;
(b) The moderate rehabilitation program under section 8(e)(2)
of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50
Stat. 888, 42 U.S.C. 1437f(e)(2);
(c) The loan management assistance program under section 8 of
the "United States Housing Act of 1937," Pub. L. No. 75-412, 50
Stat. 888, 42 U.S.C. 1437f;
(d) The rent supplement program under section 101 of the
"Housing and Urban Development Act of 1965," Pub. L. No. 89-174,
79 Stat. 667, 12 U.S.C. 1701s;
(e) Section 8 of the "United States Housing Act of 1937,"
Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following
conversion from assistance under section 101 of the "Housing and
Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667,
12 U.S.C. 1701s;
(f) The program of supportive housing for the elderly under
section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73
Stat. 654, 12 U.S.C. 1701q;
(g) The program of supportive housing for persons with
disabilities under section 811 of the "National Affordable Housing
Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;
(h) The rental assistance program under section 521 of the
"United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat.
551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C.
1490a.
(8) "Project-based assistance" means the assistance is
attached to the property and provides rental assistance only on
behalf of tenants who reside in that property.
(9) "Landlord" has the same meaning as in section 5321.01 of
the Revised Code.
(B)(1)(a) In any civil action to enforce any local building,
housing, air pollution, sanitation, health, fire, zoning, or
safety code, ordinance, or regulation applicable to buildings,
that is commenced in a court of common pleas, municipal court,
housing or environmental division of a municipal court, or county
court, or in any civil action for abatement commenced in a court
of common pleas, municipal court, housing or environmental
division of a municipal court, or county court, by a municipal
corporation in which the building involved is located, by any
neighbor, tenant, or by a nonprofit corporation that is duly
organized and has as one of its goals the improvement of housing
conditions in the county or municipal corporation in which the
building involved is located, if a building is alleged to be a
public nuisance, the municipal corporation, neighbor, tenant, or
nonprofit corporation may apply in its complaint for an
injunction
or other order as described in division (C)(1) of this
section, or
for the relief described in division (C)(2) of this
section,
including, if necessary, the appointment of a receiver
as
described in divisions (C)(2) and (3) of this section, or for
both
such an injunction or other order and such relief. The
municipal
corporation, neighbor, tenant, or nonprofit corporation
commencing
the action is not liable for the costs, expenses, and
fees of any
receiver appointed pursuant to divisions (C)(2) and
(3) of this
section.
(b) Prior to commencing a civil action for abatement when the
property alleged to be a public nuisance is subsidized housing,
the municipal corporation, neighbor, tenant, or nonprofit
corporation commencing the action shall provide the landlord of
that property with written notice that specifies one or more
defective conditions that constitute a public nuisance as that
term applies to subsidized housing and states that if the landlord
fails to remedy the condition within sixty days of the service of
the notice, a claim pursuant to this section may be brought on the
basis that the property constitutes a public nuisance in
subsidized housing. Any party authorized to bring an action
against the landlord shall make reasonable attempts to serve the
notice in the manner prescribed in the Rules of Civil Procedure to
the landlord or the landlord's agent for the property at the
property's management office, or at the place where the tenants
normally pay or send rent. If the landlord is not the owner of
record, the party bringing the action shall make a reasonable
attempt to serve the owner. If the owner does not receive service
the person bringing the action shall certify the attempts to serve
the owner.
(2)(a) In a civil action described in division (B)(1) of
this
section, a copy of the complaint and a notice of the date
and time
of a hearing on the complaint shall be served upon the
owner of
the building and all other interested parties in
accordance with
the Rules of Civil Procedure. If certified mail
service, personal
service, or residence service of the complaint
and notice is
refused or certified mail service of the complaint
and notice is
not claimed, and if the municipal corporation,
neighbor, tenant,
or nonprofit corporation commencing the action
makes a written
request for ordinary mail service of the
complaint and notice, or
uses publication service, in accordance
with the Rules of Civil
Procedure, then a copy of the complaint
and notice shall be posted
in a conspicuous place on the
building.
(b) The judge in a civil action described in division
(B)(1)
of this section shall conduct a hearing at least
twenty-eight days
after the owner of the building and the other
interested parties
have been served with a copy of the complaint
and the notice of
the date and time of the hearing in accordance
with division
(B)(2)(a) of this section.
(c) In considering whether subsidized housing is a public
nuisance, the judge shall construe the standards set forth in
division (A)(2)(b) of this section in a manner consistent with
department of housing and urban development and judicial
interpretations of those standards. The judge shall deem that the
property is not a public nuisance if during the twelve months
prior to the service of the notice that division (B)(1)(b) of this
section requires, the department of housing and urban
development's real estate assessment center issued a score of
seventy-five or higher out of a possible one hundred points
pursuant to its regulations governing the physical condition of
multifamily properties pursuant to 24 C.F.R. part 200, subpart P,
and since the most recent inspection, there has been no
significant change in the property's conditions that would create
a serious threat to the health, safety, or welfare of the
property's tenants.
(C)(1) If the judge in a civil action described in
division
(B)(1) of this section finds at the hearing required by
division
(B)(2) of this section that the building involved is a
public
nuisance, if the judge additionally determines that the
owner of
the building previously has not been afforded a
reasonable
opportunity to abate the public nuisance or has been
afforded such
an opportunity and has not refused or failed to
abate the public
nuisance, and if the complaint of the municipal
corporation,
neighbor, tenant, or nonprofit corporation
commencing the action
requested the issuance of an injunction as
described in this
division, then the judge may issue an
injunction requiring the
owner of the building to abate the
public nuisance or issue any
other order that the judge considers
necessary or appropriate to
cause the abatement of the public
nuisance. If an injunction is
issued pursuant to this division,
the owner of the building
involved shall be given no more than
thirty days from the date of
the entry of the judge's order to
comply with the injunction,
unless the judge, for good cause
shown, extends the time for
compliance.
(2) If the judge in a civil action described in division
(B)(1) of this section finds at the hearing required by division
(B)(2) of this section that the building involved is a public
nuisance, if the judge additionally determines that the owner of
the building previously has been afforded a reasonable
opportunity
to abate the public nuisance and has refused or
failed to do so,
and if the complaint of the municipal
corporation, neighbor,
tenant, or nonprofit corporation
commencing the action requested
relief as described in this
division, then the judge shall offer
any mortgagee, lienholder,
or other interested party associated
with the property on which
the building is located, in the order
of the priority of interest
in title, the opportunity to undertake
the work and to furnish
the materials necessary to abate the
public nuisance. Prior to
selecting any interested party, the
judge shall require the
interested party to demonstrate the
ability to promptly undertake
the work and furnish the materials
required, to provide the judge
with a viable financial and
construction plan for the
rehabilitation of the building as
described in division (D) of
this section, and to post security
for the performance of the
work and the furnishing of the
materials.
If the judge determines, at the hearing, that no interested
party is willing or able to undertake the work and to furnish the
materials necessary to abate the public nuisance, or if the judge
determines, at any time after the hearing, that any party who is
undertaking corrective work pursuant to this division cannot or
will not proceed, or has not proceeded with due diligence, the
judge may appoint a receiver pursuant to division (C)(3) of this
section to take possession and control of the building.
(3)(a) The judge in a civil action described in division
(B)(1) of this section shall not appoint any person as a receiver
unless the person first has provided the judge with a viable
financial and construction plan for the rehabilitation of the
building involved as described in division (D) of this section
and
has demonstrated the capacity and expertise to perform the
required work and to furnish the required materials in a
satisfactory manner. An appointed receiver may be a financial
institution that possesses an interest of record in the building
or the property on which it is located, a nonprofit corporation
as
described in divisions (B)(1) and (C)(3)(b) of this section,
including, but not limited to, a nonprofit corporation that
commenced the action described in division (B)(1) of this
section,
or any other qualified property manager.
(b) To be eligible for appointment as a receiver, no part
of
the net earnings of a nonprofit corporation shall inure to the
benefit of any private shareholder or individual. Membership on
the board of trustees of a nonprofit corporation appointed as a
receiver does not constitute the holding of a public office or
employment within the meaning of sections 731.02 and 731.12 or
any
other section of the Revised Code and does not constitute a
direct
or indirect interest in a contract or expenditure of money
by any
municipal corporation. A member of a board of trustees of
a
nonprofit corporation appointed as a receiver shall not be
disqualified from holding any public office or employment, and
shall not forfeit any public office or employment, by reason of
his membership on the board of trustees, notwithstanding any law
to the contrary.
(D) Prior to ordering any work to be undertaken, or the
furnishing of any materials, to abate a public nuisance under
this
section, the judge in a civil action described in division
(B)(1)
of this section shall review the submitted financial and
construction plan for the rehabilitation of the building involved
and, if it specifies all of the following, shall approve that
plan:
(1) The estimated cost of the labor, materials, and any
other
development costs that are required to abate the public
nuisance;
(2) The estimated income and expenses of the building and
the
property on which it is located after the furnishing of the
materials and the completion of the repairs and improvements;
(3) The terms, conditions, and availability of any
financing
that is necessary to perform the work and to furnish
the
materials;
(4) If repair and rehabilitation of the building are found
not to be feasible, the cost of demolition of the building or of
the portions of the building that constitute the public nuisance.
(E) Upon the written request of any of the interested
parties
to have a building, or portions of a building, that
constitute a
public nuisance demolished because repair and
rehabilitation of
the building are found not to be feasible, the
judge may order the
demolition. However, the demolition shall
not be ordered unless
the requesting interested parties have paid
the costs of
demolition and, if any, of the receivership, and, if
any, all
notes, certificates, mortgages, and fees of the
receivership.
(F) Before proceeding with his the duties of receiver,
any
receiver appointed by the judge in a civil action described in
division
(B)(1) of this section may be required by the judge to
post a
bond in an amount fixed by the judge, but not exceeding the
value
of the building involved as determined by the judge.
The judge may empower the receiver to do any or all of the
following:
(1) Take possession and control of the building and the
property on which it is located, operate and manage the building
and the property, establish and collect rents and income, lease
and rent the building and the property, and evict tenants;
(2) Pay all expenses of operating and conserving the
building
and the property, including, but not limited to, the
cost of
electricity, gas, water, sewerage, heating fuel, repairs
and
supplies, custodian services, taxes and assessments, and
insurance
premiums, and hire and pay reasonable compensation to a
managing
agent;
(3) Pay pre-receivership mortgages or installments of them
and other liens;
(4) Perform or enter into contracts for the performance of
all work and the furnishing of materials necessary to abate, and
obtain financing for the abatement of, the public nuisance;
(5) Pursuant to court order, remove and dispose of any
personal property abandoned, stored, or otherwise located in or
on
the building and the property that creates a dangerous or
unsafe
condition or that constitutes a violation of any local
building,
housing, air pollution, sanitation, health, fire,
zoning, or
safety code, ordinance, or regulation;
(6) Obtain mortgage insurance for any receiver's mortgage
from any agency of the federal government;
(7) Enter into any agreement and do those things necessary
to
maintain and preserve the building and the property and comply
with all local building, housing, air pollution, sanitation,
health, fire, zoning, or safety codes, ordinances, and
regulations;
(8) Give the custody of the building and the property, and
the opportunity to abate the nuisance and operate the property,
to
its owner or any mortgagee or lienholder of record;
(9) Issue notes and secure them by a mortgage bearing
interest, and upon terms and conditions, that the judge approves.
When sold or transferred by the receiver in return for valuable
consideration in money, material, labor, or services, the notes
or
certificates shall be freely transferable. Any mortgages
granted
by the receiver shall be superior to any claims of the
receiver.
Priority among the receiver's mortgages shall be
determined by the
order in which they are recorded.
(G) A receiver appointed pursuant to this section is not
personally liable except for misfeasance, malfeasance, or
nonfeasance in the performance of the functions of his the
office
of receiver.
(H)(1) The judge in a civil action described in division
(B)(1) of this section may assess as court costs, the expenses
described in division (F)(2) of this section, and may approve
receiver's fees to the extent that they are not covered by the
income from the property. Subject to that limitation, a receiver
appointed pursuant to divisions (C)(2) and (3) of this section is
entitled to receive fees in the same manner and to the same
extent
as receivers appointed in actions to foreclose mortgages.
(2)(a) Pursuant to the police powers vested in the state,
all
expenditures of a mortgagee, lienholder, or other interested
party
that has been selected pursuant to division (C)(2) of this
section
to undertake the work and to furnish the materials
necessary to
abate a public nuisance, and any expenditures in
connection with
the foreclosure of the lien created by this
division, is a first
lien upon the building involved and the
property on which it is
located and is superior to all prior and
subsequent liens or other
encumbrances associated with the
building or the property,
including, but not limited to, those
for taxes and assessments,
upon the occurrence of both of the
following:
(i) The prior approval of the expenditures by, and the
entry
of a judgment to that effect by, the judge in the civil
action
described in division (B)(1) of this section;
(ii) The recordation of a certified copy of the judgment
entry and a sufficient description of the property on which the
building is located with the county recorder in the county in
which the property is located within sixty days after the date of
the entry of the judgment.
(b) Pursuant to the police powers vested in the state, all
expenses and other amounts paid in accordance with division (F)
of
this section by a receiver appointed pursuant to divisions
(C)(2)
and (3) of this section, the amounts of any notes issued
by the
receiver in accordance with division (F) of this section,
all
mortgages granted by the receiver in accordance with that
division, the fees of the receiver approved pursuant to division
(H)(1) of this section, and any amounts expended in connection
with the foreclosure of a mortgage granted by the receiver in
accordance with division (F) of this section or with the
foreclosure of the lien created by this division, are a first
lien
upon the building involved and the property on which it is
located
and are superior to all prior and subsequent liens or
other
encumbrances associated with the building or the property,
including, but not limited to, those for taxes and assessments,
upon the occurrence of both of the following:
(i) The approval of the expenses, amounts, or fees by, and
the entry of a judgment to that effect by, the judge in the civil
action described in division (B)(1) of this section; or the
approval of the mortgages in accordance with division (F)(9) of
this section by, and the entry of a judgment to that effect by,
that judge;
(ii) The recordation of a certified copy of the judgment
entry and a sufficient description of the property on which the
building is located, or, in the case of a mortgage, the
recordation of the mortgage, a certified copy of the judgment
entry, and such a description, with the county recorder of the
county in which the property is located within sixty days after
the date of the entry of the judgment.
(c) Priority among the liens described in divisions
(H)(2)(a)
and (b) of this section shall be determined as
described in
division (I) of this section. Additionally, the
creation pursuant
to this section of a mortgage lien that is
prior to or superior to
any mortgage of record at the time the
mortgage lien is so
created, does not disqualify the mortgage of
record as a legal
investment under Chapter 1107. or
1151. or any
other chapter of
the Revised Code.
(I)(1) If a receiver appointed pursuant to divisions
(C)(2)
and (3) of this section files with the judge in the civil
action
described in division (B)(1) of this section a report
indicating
that the public nuisance has been abated, if the judge
confirms
that the receiver has abated the public nuisance, and if
the
receiver or any interested party requests the judge to enter
an
order directing the receiver to sell the building and the
property
on which it is located, the judge may enter that order
after
holding a hearing as described in division (I)(2) of this
section
and otherwise complying with that division.
(2)(a) The receiver or interested party requesting an order
as described in division (I)(1) of this section shall cause a
notice of the date and time of a hearing on the request to be
served on the owner of the building involved and all other
interested parties in accordance with division (B)(2)(a) of this
section. The judge in the civil action described in division
(B)(1) of this section shall conduct the scheduled hearing. At
the
hearing, if the owner or any interested party objects to the
sale
of the building and the property, the burden of proof shall
be
upon the objecting person to establish, by a preponderance of
the
evidence, that the benefits of not selling the building and
the
property outweigh the benefits of selling them. If the judge
determines that there is no objecting person, or if the judge
determines
that there is one or more objecting persons but no
objecting
person has sustained the burden of proof specified in
this
division, the judge may enter an order directing the receiver
to
offer the building and the property for sale upon terms and
conditions that the judge shall specify.
(b) In any sale of subsidized housing that is ordered
pursuant to this section, the judge shall specify that the
subsidized housing not be conveyed unless that conveyance complies
with applicable federal law and applicable program contracts for
that housing. Any such conveyance shall be subject to the
condition that the purchaser enter into a contract with the
department of housing and urban development or the rural housing
service of the federal department of agriculture under which the
property continues to be subsidized housing and the owner
continues to operate that property as subsidized housing unless
the secretary of housing and urban development or the
administrator of the rural housing service terminates that
property's contract prior to or upon the conveyance of the
property.
(3) If a sale of a building and the property on which it
is
located is ordered pursuant to divisions (I)(1) and (2) of
this
section and if the sale occurs in accordance with the terms
and
conditions specified by the judge in his the judge's order
of
sale, then the receiver shall distribute the proceeds of the sale
and the
balance of any funds that the receiver may possess, after
the
payment of the costs of the sale, in the following order of
priority and in the described manner:
(a) First, in satisfaction of any notes issued by the
receiver pursuant to division (F) of this section, in their order
of priority;
(b) Second, any unreimbursed expenses and other amounts
paid
in accordance with division (F) of this section by the
receiver,
and the fees of the receiver approved pursuant to
division (H)(1)
of this section;
(c) Third, all expenditures of a mortgagee, lienholder, or
other interested party that has been selected pursuant to
division
(C)(2) of this section to undertake the work and to
furnish the
materials necessary to abate a public nuisance,
provided that the
expenditures were approved as described in
division (H)(2)(a) of
this section and provided that, if any such
interested party
subsequently became the receiver, its
expenditures shall be paid
prior to the expenditures of any of
the other interested parties
so selected;
(d) Fourth, the amount due for delinquent taxes,
assessments,
charges, penalties, and interest owed to this state
or a political
subdivision of this state, provided that, if the
amount available
for distribution pursuant to division (I)(3)(d)
of this section is
insufficient to pay the entire amount of those
taxes, assessments,
charges, penalties, and interest, the
proceeds and remaining funds
shall be paid to each claimant in
proportion to the amount of
those taxes, assessments, charges,
penalties, and interest that
each is due.
(e) The amount of any pre-receivership mortgages, liens,
or
other encumbrances, in their order of priority.
(4) Following a distribution in accordance with division
(I)(3) of this section, the receiver shall request the judge in
the civil action described in division (B)(1) of this section to
enter an order terminating the receivership. If the judge
determines that the sale of the building and the property on
which
it is located occurred in accordance with the terms and
conditions
specified by the judge in his the judge's order of
sale under
division (I)(2) of this section and that the receiver distributed
the proceeds of the sale and the balance of any funds that the
receiver possessed, after the payment of the costs of the sale,
in
accordance with division (I)(3) of this section, and if the
judge
approves any final accounting required of the receiver, the
judge
may terminate the receivership.
(J)(1) A receiver appointed pursuant to divisions (C)(2)
and
(3) of this section may be discharged at any time in the
discretion of the judge in the civil action described in division
(B)(1) of this section. The receiver shall be discharged by the
judge as provided in division (I)(4) of this section, or when all
of the following have occurred:
(a) The public nuisance has been abated;
(b) All costs, expenses, and approved fees of the
receivership have been paid;
(c) Either all receiver's notes issued and mortgages
granted
pursuant to this section have been paid, or all the
holders of the
notes and mortgages request that the receiver be
discharged.
(2) If a judge in a civil action described in division
(B)(1)
of this section determines that, and enters of record a
declaration that, a public nuisance has been abated by a
receiver,
and if, within three days after the entry of the
declaration, all
costs, expenses, and approved fees of the
receivership have not
been paid in full, then, in addition to the
circumstances
specified in division (I) of this section for the
entry of such an
order, the judge may enter an order directing
the receiver to sell
the building involved and the property on
which it is located. Any
such order shall be entered, and the
sale shall occur, only in
compliance with division (I) of this
section.
(K) The title in any building, and in the property on
which
it is located, that is sold at a sale ordered under
division (I)
or (J)(2) of this section shall be incontestable in
the purchaser
and shall be free and clear of all liens for
delinquent taxes,
assessments, charges, penalties, and interest
owed to this state
or any political subdivision of this state,
that could not be
satisfied from the proceeds of the sale and the
remaining funds in
the receiver's possession pursuant to the
distribution under
division (I)(3) of this section. All other
liens and encumbrances
with respect to the building and the
property shall survive the
sale, including, but not limited to, a
federal tax lien notice
properly filed in accordance with section
317.09 of the Revised
Code prior to the time of the sale, and the
easements and
covenants of record running with the property that
were created
prior to the time of the sale.
(L)(1) Nothing in this section shall be construed as a
limitation upon the powers granted to a court of common pleas, a
municipal court or a housing or environmental division of a
municipal court under Chapter 1901. of the Revised Code, or a
county court under Chapter 1907. of the Revised Code.
(2) The monetary and other limitations specified in
Chapters
1901. and 1907. of the Revised Code upon the
jurisdiction of
municipal and county courts, and of housing or
environmental
divisions of municipal courts, in civil actions do
not operate as
limitations upon any of the following:
(a) Expenditures of a mortgagee, lienholder, or other
interested party that has been selected pursuant to division
(C)(2) of this section to undertake the work and to furnish the
materials necessary to abate a public nuisance;
(b) Any notes issued by a receiver pursuant to division
(F)
of this section;
(c) Any mortgage granted by a receiver in accordance with
division (F) of this section;
(d) Expenditures in connection with the foreclosure of a
mortgage granted by a receiver in accordance with division (F) of
this section;
(e) The enforcement of an order of a judge entered
pursuant
to this section;
(f) The actions that may be taken pursuant to this section
by
a receiver or a mortgagee, lienholder, or other interested
party
that has been selected pursuant to division (C)(2) of this
section
to undertake the work and to furnish the materials
necessary to
abate a public nuisance.
(3) A judge in a civil action described in division (B)(1)
of
this section, or the judge's successor in office, has
continuing
jurisdiction to review the condition of any building that was
determined to be a public nuisance pursuant to this section.
Sec. 3769.087. (A) In addition to the commission of
eighteen
per cent retained by each permit holder as provided in
section
3769.08 of the Revised Code, each permit holder shall
retain an
additional amount equal to four per cent of the total of
all
moneys wagered on each racing day on all wagering pools other
than
win, place, and show, of which amount retained an amount
equal to
three per cent of the total of all moneys wagered on
each
racing
day on
those pools shall be paid by check, draft, or
money
order
to the tax commissioner, as a tax. Subject to the
restrictions
contained in divisions (B), (C), and (M) of
section
3769.08 of the
Revised Code,
from such additional moneys paid to
the tax
commissioner:
(1) Four-sixths shall be
allocated to fund
distribution as
provided in division (M) of
section 3769.08 of the
Revised Code.
(2) One-twelfth shall be paid into the Ohio fairs fund
created by section 3769.082 of the Revised Code.
(3) One-twelfth of the additional moneys paid to the tax
commissioner by thoroughbred racing permit holders shall be paid
into the Ohio thoroughbred race fund created by section 3769.083
of the Revised Code.
(4) One-twelfth of the additional moneys paid to the tax
commissioner by harness horse racing permit holders shall be paid
to the Ohio standardbred development fund created by section
3769.085 of the Revised Code.
(5) One-twelfth of the additional moneys paid to the tax
commissioner by quarter horse racing permit holders shall be paid
to the Ohio quarter horse development fund created by section
3769.086 of the Revised Code.
(6) One-sixth shall be paid into the state racing
commission
operating fund created by section 3769.03 of the
Revised Code.
The remaining one per cent that is retained of the total of
all moneys wagered on each racing day on all pools other than
win,
place, and show, shall be retained by racing permit holders,
and,
except as otherwise provided in section 3769.089
of the Revised
Code, racing permit holders shall use one-half for
purse money and
retain one-half.
(B) In addition to the commission of eighteen per cent
retained by each
permit holder as provided in section 3769.08 of
the Revised Code and the
additional amount retained by each permit
holder as provided in division (A)
of this section, each permit
holder
shall retain an additional amount equal to
one-half of
one
per cent
of the
total of all moneys wagered on each
racing
day on
all wagering
pools
other than win, place, and show. Except as
provided in division (C) of this section, from
the The additional
amount retained under this division, each permit
holder shall
retain an amount equal to one-quarter of one per cent
of the total
of all moneys wagered on each racing day on all pools
other than
win, place, and show and shall pay that amount shall be paid by
check, draft, or money order to the tax commissioner, as a tax.
The tax commissioner shall pay the amount of the tax received
under this division to the state racing commission operating fund
created by section 3769.03 of the Revised Code.
Except as provided in division (C) of this section, the
remaining one-quarter of one per cent that is retained
from the
total of all moneys wagered on each racing day on all
pools other
than win, place, and show shall be retained by the
permit holder,
and the permit holder shall use
one-half for purse
money and
retain one-half.
(C) During the period commencing on July 1, 2006, and ending
on and including June 30, 2007, the additional amount retained by
each permit holder under division (B) of this section shall be
paid by check, draft, or money order to the tax commissioner, as a
tax. The tax commissioner shall pay the amount of the tax received
under this division to the state racing commission operating fund
created by section 3769.03 of the Revised Code.
Sec. 3770.03. (A) The state lottery commission shall
promulgate rules under which a statewide lottery may be conducted.
The rules shall be promulgated pursuant to Chapter
119.
of the
Revised Code, except that
instant game rules
shall be
promulgated
pursuant to section 111.15 of the Revised
Code but
are not subject
to division (D) of that section.
Subjects
covered
in
these rules
shall include, but need not
be limited
to, the
following:
(1) The type of lottery to be conducted;
(2) The prices of tickets in the lottery;. No rule shall set
a price that exceeds twenty dollars to purchase an individual
lottery ticket.
(3) The number, nature, and value of prize awards, the
manner
and frequency of prize drawings, and the manner in which
prizes
shall be awarded to holders of winning tickets. No rule shall
authorize drawings on a Sunday for any lottery game unless the
rule is approved by an executive order of the governor.
(B) The commission shall promulgate
rules, in
addition to
those described in division (A) of this section,
pursuant
to
Chapter 119. of the Revised Code under which a
statewide lottery
and statewide joint lottery games may be
conducted. Subjects
covered in these rules shall include, but not
be limited
to, the
following:
(1) The locations at which lottery tickets may be
sold and
the manner in which they are to be sold.
These rules may
authorize
the sale of lottery tickets by commission personnel or
other
licensed
individuals from traveling show wagons at the state
fair,
and at any
other expositions the director
of the commission
considers acceptable.
These rules shall prohibit
commission
personnel or other licensed individuals from soliciting from an
exposition the right to sell lottery tickets at that exposition,
but shall
allow commission personnel or other licensed individuals
to sell lottery
tickets at an exposition if the exposition
requests commission personnel or
licensed individuals to do so.
These rules may also
address the accessibility of sales agent
locations to commission products in
accordance with the
"Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101
et seq.
(2) The manner in which lottery sales revenues are to be
collected, including authorization for the director to impose
penalties for failure by
lottery sales agents to
transfer revenues
to the commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery
sales agents;
(4) The substantive criteria for the licensing of lottery
sales agents consistent with section 3770.05 of the Revised Code,
and procedures for revoking or suspending
their licenses
consistent with Chapter 119. of the Revised Code. If
circumstances, such as the nonpayment of funds owed by a
lottery
sales agent,
or other circumstances related to the public safety,
convenience, or trust,
require immediate action, the director may
suspend a license without affording
an opportunity for a prior
hearing under section 119.07 of the Revised Code.
(5) Special game rules to implement any agreements signed by
the governor that the
director enters into with other lottery
jurisdictions under
division (J) of section 3770.02 of the Revised
Code to conduct
statewide joint lottery games. The rules shall
require that the
entire net proceeds of those games that remain,
after associated
operating expenses, prize disbursements, lottery
sales agent
bonuses, commissions, and reimbursements, and any
other expenses
necessary to comply with the agreements or the
rules are deducted
from the gross proceeds of those games, be
transferred to the
lottery profits education fund under division
(B) of section
3770.06 of the Revised Code.
(C) The commission may promulgate rules, in addition to those
described in divisions (A) and (B) of this section, that establish
standards governing the display of advertising and celebrity
images on lottery tickets and on other items that are used in the
conduct of, or to promote, the statewide lottery and statewide
joint lottery games. Any revenue derived from the sale of
advertising displayed on lottery tickets and on those other items
shall be considered, for purposes of section 3770.06 of the
Revised Code, to be related proceeds in connection with the
statewide lottery or gross proceeds from statewide joint lottery
games, as applicable.
(D)(1) The
commission shall meet with the
director
at
least
once each month and shall
convene
other meetings at the
request of
the
chairperson
or any five of the
members. No action
taken by the
commission
shall be binding
unless at least five of
the members
present vote
in favor
of the action. A written
record shall be
made of
the proceedings of
each meeting and shall
be transmitted
forthwith
to the governor,
the president of the
senate, the senate
minority
leader, the
speaker of the house of
representatives, and
the house
minority
leader.
(2) The director shall present to the commission a report
each
month, showing the total revenues, prize disbursements, and
operating expenses of the state lottery for the preceding month.
As soon as practicable after the end of each fiscal year, the
commission shall prepare and transmit to the governor and the
general assembly a report of lottery revenues, prize
disbursements, and operating expenses for the preceding fiscal
year and any recommendations for legislation considered
necessary
by the commission.
Sec. 3770.06. (A) There is hereby created the state
lottery
gross revenue fund, which shall be in the custody of the
treasurer
of state but shall not be part of the state treasury.
All gross
revenues received from sales of lottery tickets, fines,
fees, and
related proceeds
in connection with the statewide
lottery and all
gross proceeds from statewide joint lottery games
shall be
deposited into the fund. The
treasurer
of state shall
invest any
portion of the fund not
needed for
immediate use in the
same
manner as, and subject to
all provisions
of law with respect
to
the investment of, state
funds. The
treasurer of state shall
disburse money from the fund
on order of
the director of the state
lottery commission or the
director's
designee.
Except for
gross proceeds from statewide joint lottery games,
all revenues of
the state lottery gross revenue fund
that are not
paid to holders
of winning lottery tickets, that are
not required
to meet
short-term prize liabilities, that are not
credited to
lottery
sales
agents in the form of
bonuses,
commissions,
or
reimbursements,
that are not paid to
financial
institutions
to
reimburse
those institutions for sales
agent
nonsufficient
funds,
and that are collected from sales agents for remittance to
insurers under contract to provide sales agent bonding services
shall be
transferred to the state
lottery
fund, which is
hereby
created in
the state treasury.
In addition, all revenues of
the
state lottery
gross revenue fund that represent the gross
proceeds
from the
statewide joint lottery games and that are not
paid to
holders of
winning lottery tickets, that are not required
to meet
short-term
prize liabilities, that are not credited to lottery
sales
agents in
the form of bonuses, commissions, or
reimbursements, and
that are
not necessary to cover operating
expenses associated with
those
games or to otherwise comply with
the agreements signed by the
governor that the
director
enters
into under division (J) of
section 3770.02 of the
Revised
Code or
the rules the commission
adopts under division
(B)(5) of
section
3770.03 of the Revised
Code shall be transferred
to the
state
lottery fund. All
investment earnings of
the fund
shall be
credited to the fund.
Moneys shall be disbursed
from the
fund
pursuant to
vouchers
approved by the director.
Total
disbursements
for monetary
prize
awards to holders of
winning
lottery tickets
in
connection with
the statewide lottery and
purchases
of goods and
services
awarded
as prizes to holders of
winning
lottery tickets
shall be
of an
amount equal
to at least
fifty per cent of the
total
revenue
accruing from the
sale of
lottery tickets.
(B) Pursuant to Section 6 of Article XV, Ohio
Constitution,
there is hereby established in the state treasury
the lottery
profits education fund. Whenever, in the judgment of
the director
of budget and management, the amount to the credit
of the state
lottery fund
that does not represent proceeds from statewide joint
lottery games is in excess of that needed to meet the
maturing
obligations of the commission and as working capital for
its
further operations, the director shall transfer the
excess to the
lottery profits education fund
in connection with the statewide
lottery.
In addition, whenever, in the
judgment of
the director
of
budget and management, the amount to
the credit of
the state
lottery fund that represents proceeds from
statewide
joint lottery
games equals the entire net proceeds of
those games
as described
in division (B)(5) of section 3770.03 of
the Revised
Code and the
rules adopted under that division, the
director shall
transfer
those proceeds to the lottery profits
education fund. There
shall
also
be credited to the fund any
repayments of moneys
loaned from
the
educational excellence
investment fund.
Investment earnings
of
the lottery profits
education fund shall be credited to the
fund.
The
lottery profits
education fund shall be used solely for
the
support of elementary,
secondary, vocational, and special
education programs as
determined in appropriations made by the
general assembly, or as
provided in applicable bond proceedings
for
the payment of debt
service on obligations issued to pay costs
of capital
facilities,
including those for a system of common
schools throughout the
state pursuant to section 2n of Article
VIII, Ohio Constitution.
When determining the
availability of
money in
the lottery profits
education fund, the director of
budget and
management may consider
all balances and estimated
revenues of
the fund.
From the amounts that the director of budget and management
transfers in any fiscal year from the state lottery fund to the
lottery profits education fund, the director shall transfer
the
initial ten million dollars of
those amounts from the lottery
profits
education fund to the school building program bond service
fund
created in division (Q) of section 3318.26 of the Revised
Code to
be pledged for the purpose of paying bond service charges
as
defined in division (C) of section 3318.21 of the Revised Code
on
one or more issuances of obligations, which obligations are
issued to provide moneys for the school building program
assistance fund created in section 3318.25 of the Revised Code.
(C) There is hereby established in the state treasury the
deferred prizes trust fund. With the approval of the director of
budget and management, an amount sufficient to fund annuity
prizes
shall be transferred from the state lottery fund and
credited to
the trust fund. The treasurer of state shall
credit all earnings
arising from investments purchased under this
division to the
trust
fund. Within sixty days after the end of each
fiscal year,
the treasurer of state shall certify to the director of budget and
management whether the actuarial amount of the trust fund is
sufficient over the fund's life for continued funding of all
remaining deferred prize liabilities as of the last day of the
fiscal year just ended. Also, within that sixty days,
the
director
of budget and management shall certify
the amount of
investment
earnings necessary to have been credited
to the trust
fund during
the fiscal year just ending to provide
for such continued
funding
of deferred prizes. Any earnings credited
in excess of
this the
latter certified amount shall be transferred to the
lottery
profits
education fund.
To provide all or a part of the
amounts necessary
to fund
deferred prizes awarded by the
commission in connection with the
statewide lottery, the treasurer
of state, in consultation with
the
commission, may invest moneys
contained in the deferred prizes
trust fund which represents proceeds from the statewide lottery in
obligations of the
type permitted for the investment of state
funds but whose
maturities are thirty years or less.
Notwithstanding the requirements of any other section of the
Revised Code, to provide all or part of the amounts necessary to
fund deferred prizes awarded by the commission in connection with
statewide joint lottery games, the treasurer of state, in
consultation with the commission, may invest moneys in the trust
fund which represent proceeds derived from the statewide joint
lottery games in accordance with the rules the commission adopts
under division (B)(5) of section 3770.03 of the Revised Code.
Investments of the
trust fund are not subject to the provisions
of
division
(A)(10) of section 135.143 of the Revised Code
limiting
to
twenty-five
per cent the amount
of the state's total
average
portfolio that
may be invested in debt interests
and
limiting to
one-half of one
per cent the amount that may be
invested in
debt
interests of a
single issuer.
All purchases made under this division shall be effected on
a
delivery versus payment method and shall be in the custody of
the
treasurer of state.
The treasurer of state may retain an investment advisor, if
necessary. The commission shall pay any costs incurred by the
treasurer of state in retaining an investment advisor.
(D) The auditor of state shall conduct annual audits
of all
funds and
any other audits as the auditor of state or
the
general
assembly considers necessary. The auditor of state may
examine
all
records, files, and other documents of the commission,
and
records
of
lottery sales agents
that pertain to their
activities
as
agents, for purposes of
conducting authorized
audits.
The state lottery commission shall establish an internal
audit program
before the beginning of each fiscal year, subject to
the approval of the
auditor of state. At the end of each fiscal
year, the commission shall
prepare and submit an annual report to
the auditor of state for the auditor of
state's review and
approval, specifying the internal audit work completed by
the end
of that fiscal year and reporting on compliance with the annual
internal audit program. The form and content of the report shall
be
prescribed by the auditor of state under division (C) of
section
117.20 of the Revised Code.
(E) Whenever, in the judgment of the director of budget and
management, an amount of net state lottery proceeds is necessary
to be applied
to the payment of debt service on obligations, all
as defined in sections
151.01 and 151.03 of the Revised Code, the
director shall transfer that amount directly from
the state
lottery fund or from the lottery profits education fund to the
bond
service fund defined in those sections. The provisions of
this division
are subject to any prior pledges
or obligation of
those amounts to the payment of bond service
charges as defined in
division
(C) of section 3318.21 of the
Revised Code, as referred
to in division (B)
of this section.
Sec. 3905.36. (A) Except as provided in divisions (B) and
(C) of this section, every insured association, company,
corporation, or other person that enters, directly or
indirectly,
into any
agreements with any insurance company, association,
individual,
firm, underwriter, or Lloyd's, not authorized to do
business in
this state, whereby the insured shall procure,
continue, or renew
contracts of insurance covering subjects of
insurance resident,
located, or to be performed within this state,
with such
unauthorized insurance company, association, individual,
firm,
underwriter, or Lloyd's, for which insurance there is a
gross
premium,
membership fee, assessment, dues, or other
consideration
charged
or collected, shall annually, on or before
the
thirty-first day
of
January, return
to the superintendent of
insurance a
statement
under oath showing the name and address of
the insured,
name and
address of the insurer, subject of the
insurance,
general
description of the coverage, and amount of
gross premium, fee,
assessment, dues, or other consideration for
such insurance for
the preceding twelve-month period and shall at
the same time pay
to the treasurer of state a tax of five per cent
of such
gross premium,
fee, assessment, dues, or other
consideration,
after a deduction for return premium, if any, as
calculated on a
form prescribed by the treasurer of state. All
taxes
collected
under this section by the treasurer of
state shall
be paid
into
the general revenue fund. If the tax is not paid
when
due,
the
tax shall be increased by a penalty of twenty-five
per
cent.
An
interest charge computed as set forth
in section
5725.221 of the
Revised Code shall be made on the
entire sum of
the tax plus
penalty, which interest shall be
computed from the
date the tax is
due until it is paid.
For purposes of this
section, payment is
considered made when it is received by the
treasurer of state,
irrespective of any United
States postal
service marking
or other
stamp or mark indicating the date on
which the payment
may have
been mailed.
(B) This section does not
apply
to:
(1) Transactions in this state involving a policy
solicited,
written, and delivered outside this state covering
only subjects
of insurance not resident, located, or to be
performed in this
state at the time of issuance, provided such
transactions are
subsequent to the issuance of the policy;
(2) Attorneys-at-law acting on behalf of their clients in
the
adjustment of claims or losses;
(3) Transactions involving policies issued by a captive
insurer. For this purpose, a "captive insurer" means any of the
following:
(a) An insurer owned by one or more individuals or
organizations, whose exclusive purpose is to insure risks of one
or more of the parent organizations or individual owners and risks
of one or more affiliates of the parent organizations or
individual owners;
(b) In the case of groups and associations, insurers owned by
the group or association whose exclusive purpose is to insure
risks of members of the group or association and affiliates of the
members;
(c) Other types of insurers, licensed and operated in
accordance with the captive insurance laws of their jurisdictions
of domicile and operated in a manner so as to self-insure risks of
their owners and insureds.
(4) Professional or medical liability insurance procured by a
hospital organized under Chapter 3701. of the Revised Code or on
behalf of an entity that manufactures, packages, and sells, as
more than fifty per cent of the entity's business, pharmaceutical
products for human use where the production, packaging, and sale
of such products are subject to regulation by an agency of the
United States;
(5) Insurance with an initial policy period of more than
three years and that is procured to cover known events related to
environmental remediation that occurred prior to the effective
date of that insurance;
(6) Insurance procured on behalf of an entity that
manufactures, packages, and sells, as more than fifty per cent of
the entity's business, pharmaceutical products for human use where
the production, packaging, and sale of such products are subject
to regulation by an agency of the United States.
(C) In transactions that are subject to sections 3905.30 to
3905.35 of the Revised Code, each person licensed under section
3905.30 of the
Revised
Code shall pay to the treasurer
of state,
on or before the
thirty-first day of
January of each year, five
per
cent of the
balance of the gross premiums charged for
insurance
placed or
procured under the license after a deduction
for
return premiums,
as reported on a form prescribed by the
treasurer of state. The
tax shall be collected from the insured
by
the surplus line broker
who placed or procured the policy of
insurance at the time the
policy is delivered to the insured.
No
license issued under
section 3905.30 of the
Revised
Code shall be
renewed until
payment
is made.
If the tax is not paid when due,
the tax shall be
increased by a penalty of twenty-five per cent.
An interest
charge computed as set forth in section 5725.221 of
the Revised
Code shall be made on the entire sum of the tax plus
penalty,
which interest shall be computed from the date the tax is
due
until it is paid. For purposes of this section,
payment is
considered made
when it is received by the
treasurer of state,
irrespective of any
United
States postal service marking
or other
stamp or mark
indicating the date on which the payment
may have
been mailed.
Sec. 3923.281.
(A) As used in this section:
(1)
"Biologically based mental illness" means schizophrenia,
schizoaffective disorder, major depressive disorder, bipolar
disorder, paranoia and other psychotic disorders,
obsessive-compulsive disorder, and panic disorder, as these terms
are defined in the most recent edition of the diagnostic and
statistical manual of mental disorders published by the American
psychiatric association.
(2)
"Policy of sickness and accident insurance" has the same
meaning as in section 3923.01 of the Revised Code, but excludes
any hospital indemnity, medicare supplement, long-term care,
disability income, one-time-limited-duration policy of not longer
than six months, supplemental benefit, or other policy
that
provides coverage for specific diseases or
accidents only; any
policy that provides coverage for workers' compensation claims
compensable pursuant to Chapters 4121. and 4123. of the Revised
Code; and any policy that provides coverage to beneficiaries
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, known as the medical
assistance program or medicaid, as provided by the Ohio department
of job and family services under Chapter 5111. of the Revised
Code.
(B)
Notwithstanding section 3901.71 of the
Revised
Code,
and
subject to division (E) of this section, every group
policy of
sickness
and accident insurance shall provide
benefits
for the
diagnosis
and treatment of biologically based mental illnesses on
the same
terms and
conditions as, and
shall provide benefits no
less
extensive than,
those provided
under the policy of sickness
and
accident insurance
for the
treatment and diagnosis of all
other
physical diseases and
disorders, if both of the following
apply:
(1)
The biologically based mental illness is clinically
diagnosed by a physician
authorized under Chapter 4731.
of the
Revised
Code to practice
medicine and
surgery or osteopathic
medicine and surgery; a
psychologist
licensed under Chapter 4732.
of
the Revised
Code; a
professional clinical
counselor,
professional counselor, or
independent social worker
licensed
under Chapter 4757. of
the
Revised
Code; or a clinical nurse
specialist licensed under
Chapter 4723. of the
Revised
Code whose
nursing specialty is
mental health.
(2)
The prescribed treatment is not experimental or
investigational, having proven its clinical effectiveness in
accordance with generally accepted medical standards.
(C)
Division
(B) of this section applies to
all coverages
and
terms and conditions of the policy of sickness
and accident
insurance, including, but not limited to, coverage
of inpatient
hospital services, outpatient services, and
medication; maximum
lifetime benefits; copayments; and
individual and family
deductibles.
(D)
Nothing in this
section shall be construed as
prohibiting
a sickness and
accident insurance company from taking
any of the
following
actions:
(1)
Negotiating separately with mental health care
providers
with regard to reimbursement rates and the delivery of
health care
services;
(2)
Offering policies that provide benefits solely for
the
diagnosis and treatment of biologically based mental illnesses;
(3)
Managing the provision of benefits for the diagnosis
or
treatment of biologically based mental illnesses through the use
of pre-admission screening,
by requiring beneficiaries to obtain
authorization prior to
treatment, or through the use of any other
mechanism designed to
limit coverage to that treatment determined
to be
necessary;
(4)
Enforcing the terms and conditions of a policy of
sickness and accident insurance.
(E) An insurer that offers a group any policy of sickness and
accident insurance is not required to provide benefits for the
diagnosis and treatment of biologically based mental illnesses
pursuant to division (B) of this section if all of the following
apply:
(1) The insurer submits documentation certified by an
independent member of the American academy of actuaries to the
superintendent of insurance showing that incurred claims for
diagnostic and treatment services for biologically based mental
illnesses for a period of at least six months independently caused
the insurer's costs for claims and administrative expenses for the
coverage of all other physical diseases and disorders to increase
by more than one per cent per year.
(2) The insurer submits a signed letter from an independent
member of the American academy of actuaries to the superintendent
of insurance opining that the increase described in division
(E)(1) of this section could reasonably justify an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
(3) The superintendent of insurance makes the following
determinations from the documentation and opinion submitted
pursuant to divisions (E)(1) and (2) of this section:
(a) Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the insurer's costs for claims and
administrative expenses for the coverage of all other physical
diseases and disorders to increase by more than one per cent per
year.
(b) The increase in costs reasonably justifies an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
Sec. 4112.12. (A) There is hereby created the commission
on
African-American males, which shall consist of not more than
forty-one twenty-three members as follows: the directors or their
designees
of the departments of health, development, alcohol and
drug
addiction services, and job and family services,
rehabilitation and
correction, mental health, and youth services;
the
adjutant general or the adjutant general's designee; the
equal
employment opportunity officer of the department of administrative
services
or the equal employment opportunity officer's designee;
the
executive director or the executive director's designee of
the
Ohio civil rights commission; the executive director or the
executive
director's
designee of the
division of criminal justice
services in the department of public safety; the superintendent of
public
instruction; the chancellor or the chancellor's designee of
the Ohio board of
regents; two members of the house of
representatives appointed by
the speaker of the house of
representatives each of whom shall be members of different
political parties; three and two members of the
senate appointed
by the president of the senate; and not more
than twenty-three
members appointed by the governor each of whom shall be members of
different political parties.
The members
appointed by the
governor shall include an additional member of the
governor's
cabinet and at least one
representative of each of the following:
the national
association for the advancement of colored people;
the urban
league; an organization representing black elected
officials; an
organization representing black attorneys; the black
religious
community; the black business community; the nonminority
business
community; and organized labor; at least one black
medical
doctor, one black elected member of a school board, and
one black
educator; and at least two representatives of local
private
industry councils. The remaining members that may be
appointed
by the governor shall be selected from elected
officials, civic
and community leaders, and representatives of the
employment,
criminal justice, education, and health communities
who are members of the general assembly shall be nonvoting
members. The Ohio state university African American and African
studies community extension center, in consultation with the
governor, shall appoint two members from the private corporate
sector, at least four members from the public sector, and two
members from the nonprofit sector.
(B) Terms of office shall be for three years,
with
each
except that members of the general assembly appointed to the
commission shall be members only so long as they are members of
the general assembly. Each term ending ends on the same day of the
same month as did the
term that it succeeds. Each member shall
hold office from the
date of appointment until the end of the term
for which
the member was appointed. Members may be reappointed.
Vacancies shall
be filled in the manner provided for original
appointments. Any
member appointed to fill a vacancy occurring
prior to the
expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the
remainder of
that term. A member shall continue in office
subsequent to the
expiration date of the member's term until the
member's successor takes office or
until a period of sixty days
has elapsed, whichever occurs first.
The commission annually shall elect a
chairperson from among
its members.
(C) Members of the commission and members of subcommittees
appointed under division (B) of section 4112.13 of the Revised
Code shall not be compensated, but shall be reimbursed for their
necessary and actual expenses incurred in the performance of
their
official duties.
(D)(1) The Ohio civil rights commission shall
serve as the
commission on African-American males'
fiscal
agent and shall
perform all of the following services:
(a) Prepare and process payroll and other personnel documents
that the commission on African-American males approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation
with
the commission on African-American males;
(c) Perform other routine support services that the
executive
director of the Ohio civil rights commission or the executive
director's designee and the Commission on African-American males
or its designee consider appropriate to achieve efficiency.
(2) The Ohio civil rights commission shall not approve any
payroll or other personnel-related documents or any biennial
budget, grant, expenditure, audit, or fiscal-related document
without the advice and consent of the commission on
African-American
males.
(3) The Ohio civil rights commission shall determine fees to
be
charged to the commission on African-American males for
services performed under this division, which shall be in
proportion to the
services performed for the commission on
African-American
males.
(4) The commission on African-American males or its
designee
has:
(a) Sole authority to draw funds for any federal
program in
which the commission is authorized to participate;
(b) Sole authority to expend funds from accounts for programs
and any other necessary expenses the commission on
African-American
males may incur;
(c) The duty to cooperate with the Ohio civil rights
commission
to ensure that the Ohio civil rights commission is
fully apprised
of all financial transactions.
(E) The Ohio state university African American and African
studies community extension center, in consultation with the
governor, shall appoint an executive director of the commission on
African-American males shall appoint an
executive director, who
shall be in the unclassified civil
service. The executive director
shall supervise the commission's
activities and report to the
commission and to the Ohio state university African American and
African studies community extension center on the progress of
those
activities. The executive director shall do all things
necessary
for the efficient and effective implementation of the
duties of
the commission.
The responsibilities assigned to the executive director do
not
relieve the members of the commission from final
responsibility for the
proper performance of the requirements of
this division.
(F)(E) The commission on African-American males
shall do all
of the following:
(1) Employ, promote, supervise, and remove all employees, as
needed, in connection with the performance of its duties under
this
section;
(2) Maintain its office in Columbus;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under
its
control, and to discharge any duty imposed upon it by law. The
expense of
these acquisitions shall be audited and paid for in the
same
manner as other state expenses.
(4) Prepare and submit to the office of budget and management
a
budget for each biennium in accordance with sections 101.55 and
107.03 of the Revised Code.
The budget submitted shall cover the
costs of
the commission and its staff in the discharge of any duty
imposed upon the
commission by law. The commission shall pay its
own
payroll and other operating expenses from appropriation items
designated by the general assembly. The commission shall not
delegate any authority to obligate funds.
(5) Establish the overall policy and management of the
commission in accordance with this chapter;
(6)(5) Follow all state procurement requirements;
(7) Pay fees owed to the Ohio civil rights commission under
division (D) of this section from the commission on
African-American males' general revenue fund or from any
other
fund from which the operating
expenses of the commission on
African-American males are
paid.
Any amounts set aside for a
fiscal year for the payment of such fees shall be
used only for
the services performed for the
commission on African-American
males by the Ohio
civil rights commission in that fiscal year (6)
Implement the policies and plans of the Ohio state university
African American and African studies community extension center as
those policies and plans are formulated and adopted by the Ohio
state university African American and African studies community
extension center;
(7) Report to the Ohio state university African American and
African studies community extension center on the progress of the
commission on African-American males in implementing the policies
and plans of the Ohio state university African American and
African studies community extension center.
(G)(F) The commission on African-American males
may:
(1) Hold sessions at any place within the state, except that
the commission on African-American males shall meet at least
quarterly;
(2) Establish, change, or abolish positions, and assign and
reassign duties and responsibilities of any employee of the
commission
on African-American males as necessary to achieve the
most
efficient performance of its functions.
(G) The Ohio state university African American and African
studies community extension center shall establish the overall
policy and management of the commission on African-American males
and shall direct, manage, and oversee the commission. The Ohio
state university African American and African studies community
extension center shall develop overall policies and plans, and the
commission on African-American males shall implement those
policies and plans. The commission on African-American males,
through its executive director, shall keep the Ohio state
university African American and African studies community
extension center informed as to the activities of the commission
on African-American males in such manner and at such times as the
Ohio state university African American and African studies
community extension center shall determine.
The Ohio state university African American and African
studies community extension center may prescribe duties and
responsibilities of the commission on African-American males in
addition to those prescribed in section 4112.13 of the Revised
Code.
(H) The Ohio state university African American and African
studies community extension center annually shall contract for a
report on the status of African-Americans in this state. Issues to
be evaluated in the report shall include the criminal justice
system, education, employment, health care, and housing, and such
other issues as the Ohio state university African American and
African studies community extension center may specify. The report
shall include policy recommendations relating to the issues
covered in the report.
Sec. 4112.13. (A) The In addition to any duties and
responsibilities that the Ohio state university African American
and African studies community extension center may prescribe for
the commission on African-American males under section 4112.12 of
the Revised Code, the commission on African-American
males shall
do all of the following:
(1) Oversee and supervise four separate and distinct
subcommittees devoted to solving problems and advancing
recommendations exclusively pertinent to black males in the areas
of unemployment, criminal justice, education, and health;
(2) Conduct research to determine the nature and extent of
the problems concerning black males in the four areas targeted in
division (A)(1) of this section;
(3) Hold public hearings for the purpose of collecting
data;
(4) Identify existing federal, state, and local programs
that
address problems and solutions relevant to the four targeted
areas
of study;
(5) Implement appropriate new programs and demonstration
projects especially designed for black males;
(6) Develop and implement community education and public
awareness programs especially designed for black males;
(7) Develop strategies to improve the social condition of
black males;
(8) Report to the governor, the general assembly, the
auditor
of state, the secretary of state, the attorney general,
and the
chief justice of the Ohio supreme court at least
biennially on the
activities, findings, and recommendations of
the commission;
(9) Accept gifts, grants, donations, contributions,
benefits,
and other funds from any public agency or private
source to carry
out any or all of the commission's powers or
duties. Such funds
shall be deposited in the commission on
African-American males
fund, which is hereby created in the state
treasury. All gifts,
grants, donations, contributions, benefits,
and other funds
received by the commission under division (A)(9)
of this section,
when appropriated to the commission, shall be
used solely to
support the operations of the commission.
(B) The chairman chairperson of the commission may appoint
any
number
of individuals to serve on the subcommittees created in
division
(A)(1) of this section. Members of subcommittees serve at
the
discretion of the chairman chairperson.
Sec. 4117.06. (A) The state employment relations board
shall
decide in each case the unit appropriate for the purposes
of
collective bargaining. The determination is final and
conclusive
and not appealable to the court.
(B) The board shall determine the appropriateness of each
bargaining unit and shall consider among other relevant factors:
the desires of the employees; the community of interest; wages,
hours, and other working conditions of the public employees; the
effect of over-fragmentation; the efficiency of operations of the
public employer; the administrative structure of the public
employer; and the history of collective bargaining.
(C) The board may determine a unit to be the appropriate
unit
in a particular case, even though some other unit might also
be
appropriate.
(D) In addition, in determining the appropriate unit, the
board shall not:
(1) Decide that any unit is appropriate if the unit
includes
both professional and nonprofessional employees, unless
a majority
of the professional employees and a majority of the
nonprofessional employees first vote for inclusion in the unit;
(2) Include guards or correction officers at correctional or
mental institutions, special police
officers appointed
in
accordance with sections 5119.14 and 5123.13 of the Revised
Code,
psychiatric attendants employed at mental health forensic
facilities, youth leaders employed at juvenile correction
facilities, or any public employee employed as a guard to enforce
against other employees rules to protect property of the employer
or to protect the safety of persons on the employer's premises in
a unit with other employees;
(3) Include members of a police or fire department or
members
of the state highway patrol in a unit with other
classifications
of public employees of the department;
(4) Designate as appropriate a bargaining unit that
contains
more than one institution of higher education; nor shall
it within
any such institution of higher education designate as
appropriate
a unit where such designation would be inconsistent
with the
accreditation standards or interpretations of such
standards,
governing such institution of higher education or any
department,
school, or college thereof. For the purposes of this
division, any
branch or regional campus of a public institution
of higher
education is part of that institution of higher
education.
(5) Designate as appropriate a bargaining unit that
contains
employees within the jurisdiction of more than one
elected county
office holder, unless the county-elected office
holder and the
board of county commissioners agree to such other
designation;
(6) With respect to members of a police department,
designate
as appropriate a unit that includes rank and file
members of the
department with members who are of the rank of
sergeant or above;
(7) Except as otherwise provided by division (A)(3) of
section
3314.10 or division (B) of section 3326.18 of the Revised
Code, designate as appropriate a bargaining unit that contains
employees from multiple community schools established under
Chapter
3314. or multiple science, technology, engineering, and
mathematics schools established under Chapter 3326. of the Revised
Code. For purposes of this division, more than one unit may be
designated within a single community school or science,
technology, engineering, and mathematics school.
This section shall not be deemed to prohibit multiunit
bargaining.
Sec. 4141.09. (A) There is hereby created an unemployment
compensation fund to be administered by the state without
liability on the part of the state beyond the amounts paid into
the fund and earned by the fund. The unemployment compensation
fund shall consist of all contributions, payments in lieu of
contributions described in sections 4141.241 and 4141.242 of the
Revised Code, reimbursements of the federal share of extended
benefits described in section 4141.301 of the Revised Code,
collected under sections 4141.01 to 4141.46 of the Revised Code,
together with all interest earned upon any moneys deposited with
the secretary of the treasury of the United States to the credit
of the account of this state in the unemployment trust fund
established and maintained pursuant to section 904 of the
"Social
Security Act," any property or securities acquired through the
use
of moneys belonging to the fund, and all earnings of such
property
or securities. The unemployment compensation fund shall
be used
to
pay benefits and refunds as provided by such sections
and for
no
other purpose.
(B) The treasurer of state shall be the custodian of the
unemployment compensation fund and shall administer such fund in
accordance with the directions of the director of
job and family
services. All
disbursements therefrom shall be
paid by the
treasurer of state on warrants drawn by the
director. Such
warrants may bear the facsimile
signature of
the director printed
thereon and that of a deputy
or other
employee of the director
charged with the duty of
keeping
the account of the unemployment
compensation fund and with the
preparation of warrants for the
payment of benefits to the
persons entitled thereto. Moneys in
the
clearing and benefit
accounts shall not be commingled with
other
state funds, except
as provided in division (C) of this
section,
but shall be
maintained in separate accounts on the books
of the
depositary
bank. Such money shall be secured by the
depositary
bank to the
same extent and in the same manner as
required by
sections 135.01
to 135.21 of the Revised Code; and
collateral
pledged for this
purpose shall be kept separate and
distinct from
any collateral
pledged to secure other funds of this
state. All
sums recovered
for losses sustained by the
unemployment
compensation fund shall
be deposited therein. The
treasurer of
state shall be liable on
the treasurer's official
bond for the
faithful performance of
the treasurer's duties in
connection with
the unemployment compensation fund, such
liability
to exist in
addition to any liability upon any separate
bond.
(C) The treasurer of state shall maintain within the
unemployment compensation fund three separate accounts which
shall
be a clearing account, an unemployment a trust fund account,
and a
benefit account. All moneys payable to the unemployment
compensation fund, upon receipt thereof by the
director,
shall be
forwarded to the treasurer of state, who shall
immediately deposit
them in the clearing account. Refunds of
contributions, or
payments in lieu of contributions, payable
pursuant to division
(E) of this section may be paid from the
clearing account upon
warrants signed by a deputy or other
employee of the director
charged with the duty of
keeping
the record of the clearing
account and with the preparation of
warrants for the payment of
refunds to persons entitled thereto.
After clearance thereof, all
moneys in the clearing account shall
be deposited with the
secretary of the treasury of the United
States to the credit of
the account of this state in the
unemployment trust fund
established and maintained pursuant to
section 904 of the
"Social
Security Act," in accordance with
requirements of the
"Federal
Unemployment Tax Act," 53 Stat. 183
(1939), 26 U.S.C.A. 3301,
3304(a)(3), any law in this state relating
to
the deposit,
administration, release, or disbursement of moneys
in the
possession or custody of this state to the contrary
notwithstanding. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment trust
fund. Federal funds, other than funds received by the
director
under divisions (I) and (J) of this section,
received for payment
of federal benefits may
be deposited, at the director's
discretion, into the benefit account. Any funds deposited into the
benefit account shall be disbursed
solely for payment of
benefits
under a federal program
administered by this state. Moneys so
requisitioned shall be used
solely for the payment of
benefits and
for no other purpose.
Moneys in the clearing and
benefit accounts
may be deposited by
the treasurer of state,
under the direction of
the director, in
any bank
or public
depositary in which general
funds of the state
may be deposited,
but no public deposit
insurance charge or
premium shall be paid
out of the fund.
(D) Moneys shall be requisitioned from this state's
account
in the unemployment trust fund solely for the payment of
benefits
and in accordance with regulations prescribed by the
director.
The
director shall requisition from the
unemployment trust fund
such
amounts, not exceeding the amount
standing to this state's
account
therein, as are deemed necessary
for the payment of
benefits for a
reasonable future period. Upon
receipt thereof,
the treasurer of
state shall deposit such moneys
in the benefit
account.
Expenditures of such money in the
benefit account and
refunds from
the clearing account shall not
require specific
appropriations or
other formal release by state
officers of money
in their custody.
Any balance of moneys
requisitioned from the
unemployment trust
fund which remains
unclaimed or unpaid in the
benefit account
after the expiration
of the period for which such
sums were
requisitioned shall either
be deducted from estimates
for and may
be utilized for the
payment of benefits during
succeeding periods,
or, in the
discretion of the director, shall
be redeposited
with
the
secretary of the treasury of the United
States to the credit
of
this state's account in the unemployment
trust fund, as
provided
in division (C) of this section.
Unclaimed or unpaid
federal
funds redeposited with the secretary
of the treasury of
the
United States shall be credited to the
appropriate federal
account.
(E) No claim for an adjustment or a refund on
contribution,
payment in lieu of contributions, interest, or
forfeiture alleged
to have been erroneously or illegally assessed
or collected, or
alleged to have been collected without
authority, and no claim for
an adjustment or a refund of any sum
alleged to have been
excessive or in any manner wrongfully
collected shall be allowed
unless an application, in writing,
therefor is made within four
years from the date on which such
payment was made. If the
director
determines that
such
contribution, payment in lieu of
contributions,
interest, or
forfeiture, or any portion
thereof,
was
erroneously collected,
the director shall allow such employer
to
make an
adjustment
thereof without interest in connection with
subsequent
contribution payments, or payments in lieu of
contributions, by
the employer, or the director may refund said
amount, without
interest, from the clearing account of the
unemployment
compensation fund, except as provided in division (B)
of section
4141.11 of the Revised Code. For like cause and within
the same
period, adjustment or refund may be so made on the
director's own initiative. An overpayment of
contribution,
payment
in lieu of contributions, interest, or forfeiture for
which an
employer has not made application for refund prior to
the
date of
sale of the employer's business shall accrue to
the
employer's
successor in
interest.
An application for an adjustment or a refund, or any
portion
thereof, that is rejected is binding upon the employer
unless,
within thirty days after the mailing of a written notice
of
rejection to the employer's last known address, or, in the
absence
of mailing of such notice, within thirty days after the
delivery
of such notice, the employer files an application for a
review and
redetermination setting forth the reasons therefor.
The director
shall promptly examine the
application for
review and
redetermination, and if a review is granted, the
employer shall be
promptly notified thereof, and shall be granted
an opportunity for
a prompt hearing.
(F) If the director finds that contributions have
been paid
to the director in
error, and that
such contributions should have
been paid to a department of
another state or of the United States
charged with the
administration of an unemployment compensation
law, the
director may upon request by such department or
upon the
director's own
initiative transfer to such department the amount
of such
contributions, less any benefits paid to claimants whose
wages
were the basis for such contributions. The
director may
request and receive from such department any contributions or
adjusted contributions paid in error to such department which
should have been paid to the director.
(G) In accordance with section 303(c)(3) of the Social
Security Act, and section 3304(a)(17) of the Internal Revenue
Code
of 1954 for continuing certification of Ohio unemployment
compensation laws for administrative grants and for tax credits,
any interest required to be paid on advances under Title XII of
the Social Security Act shall be paid in a timely manner and
shall
not be paid, directly or indirectly, by an equivalent
reduction in
the Ohio unemployment taxes or otherwise, by the
state from
amounts in the unemployment compensation fund.
(H) The treasurer of state, under the direction of the
director and in accordance with the
"Cash
Management
Improvement
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503,
shall deposit
amounts of interest earned by the state on funds in
the benefit
account established pursuant to division (C) of this
section into
the department of job
and family
services banking fees fund,
which
is hereby created in the state treasury for the purpose of
paying
related banking costs incurred by the state for the period
for
which the interest is calculated, except that if the
deposited
interest exceeds the banking costs incurred by the
state for the
period for which the interest is calculated, the
treasurer of
state shall deposit the excess interest into the
unemployment
trust fund.
(I) The treasurer of state, under the direction of
the
director, shall deposit federal funds received
by the
director for
the payment of benefits, job search, relocation, transportation,
and subsistence allowances
pursuant to the
"Trade Act of 1974," 88
Stat. 1978, 19 U.S.C.A.
2101, as amended; the "North American Free
Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A.
3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19
U.S.C.A. 3801, as amended, into the
Trade Act benefit account,
which is hereby
created
for the purpose of making payments
specified under those acts.
(J) The treasurer of state, under the direction of
the
director, shall deposit federal funds received by
the
director for
training and administration and for payment of benefits, job
search, relocation, transportation, and subsistence allowances
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2101, as amended; the
"North American Free
Trade Agreement
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.
3801, as amended, into
the Trade Act training and administration
account, which
is hereby created for
the purpose of making
payments specified
under those acts. The treasurer of state, under
the direction of the director, may transfer funds from the Trade
Act training and administration account to the benefit account for
the purpose of making any payments directly to claimants for
benefits, job search, relocation, transportation, and subsistence
allowances, as specified by those acts.
Sec. 4301.20. This chapter and Chapter 4303. of the Revised
Code
do not prevent the following:
(A) The storage of intoxicating liquor in bonded
warehouses,
established in accordance with the acts of congress
and under the
regulation of the United States, located in this
state, or the
transportation of intoxicating liquor to or from
bonded warehouses
of the United States wherever located;
(B) A bona fide resident of this state who is the owner of
a
warehouse receipt from obtaining or transporting to the
resident's
residence for the resident's own
consumption and not for resale
spirituous liquor stored in a government bonded
warehouse in this
state or in another state prior to December 1933,
subject
to such
terms as are prescribed by the division of liquor control;
(C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for
use
and sale;
(D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession;
(E) The sale of alcohol to physicians, dentists,
druggists,
veterinary surgeons, manufacturers, hospitals,
infirmaries, or
medical or educational institutions using the
alcohol for
medicinal, mechanical, chemical, or scientific purposes;
(F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax;
(G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English
language,
conspicuously and legibly, the quantity by volume of
alcohol in
the preparation or solution;
(H) The manufacture and keeping for sale of the food
products
known as flavoring extracts when manufactured and sold
for
cooking, culinary, or flavoring purposes, and which are unfit
for
use for beverage purposes;
(I) The lawful sale of wood alcohol or of ethyl alcohol
for
external use when combined with other substances as to
make it
unfit for internal use;
(J) The manufacture, sale, and transport of ethanol or ethyl
alcohol for use as fuel. As used in this division, "ethanol" has
the same meaning as in section 5733.46 of the Revised Code.
(K) The purchase and importation into this state of
intoxicating liquor for use in manufacturing processes of
nonbeverage food products under terms prescribed by
the division,
provided that the terms prescribed by the
division shall not
increase the cost of the intoxicating
liquor to any person, firm,
or corporation purchasing and
importing it into this state for
that use;
(K)(L) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous
liquor
in any thirty-day period, and the same is free of any tax consent
fee when the resident or member of the armed forces physically
possesses and accompanies the spirituous liquor on returning
from
a foreign country, another state, or an insular possession
of the
United States;
(L)(M) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor which
that
have unbroken federal tax stamps on them from selling or
trading
the bottles to other collectors. The bottles must shall
originally
have been purchased at retail from the division,
legally imported under
division (K)(L) of this section, or
legally
imported pursuant to a supplier registration issued by the
division. The sales shall be for the
purpose of exchanging a
ceramic commemorative bottle between
private collectors and shall
not be for the purpose of selling
the spirituous liquor for
personal consumption. The sale or
exchange authorized by this
division shall not occur on the
premises of any permit holder,
shall not be made in connection
with the business of any permit
holder, and shall not be made in
connection with any mercantile
business.
Sec. 4301.24. Except as provided in section 4301.242 of the
Revised Code, no manufacturer shall aid or assist the
holder
of
any permit for sale at wholesale, and no manufacturer or
wholesale
distributor shall aid or assist the holder of any
permit
for sale
at retail, by gift or loan of any money or
property of
any
description or other valuable thing, or by giving
premiums or
rebates. Except as provided in section 4301.242 of the Revised
Code, no holder of any such permit shall accept
the same,
provided
that the manufacturer or wholesale distributor
may
furnish to a
retail permittee the inside signs or advertising
and
the tap signs
or devices authorized by divisions (E) and (F)
of
section 4301.22
of the Revised Code.
No manufacturer shall have any financial interest, directly
or indirectly, by stock ownership, or through interlocking
directors in a corporation, or otherwise, in the establishment,
maintenance, or promotion in the business of any wholesale
distributor. No retail permit holder shall have any interest,
directly or indirectly, in the operation of, or any ownership in,
the business of any wholesale distributor or manufacturer.
No manufacturer
shall, except as
authorized by section
4303.021 of the Revised Code, have any
financial interest,
directly or indirectly, by stock ownership,
or
through
interlocking directors in a corporation, or otherwise,
in
the
establishment, maintenance, or promotion of the business
of
any
retail dealer. No wholesale distributor or
employee of a
wholesale
distributor shall have any financial
interest, directly
or
indirectly, by stock ownership, interlocking
directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business of any retail dealer.
No
manufacturer
or
wholesale
distributor or any stockholder
of a
manufacturer or
wholesale distributor
shall acquire, by ownership
in
fee,
leasehold,
mortgage, or otherwise, directly or indirectly,
any
interest in
the premises
on which the business of any other
person
engaged in the business of trafficking in beer or
intoxicating
liquor is conducted. All contracts, covenants,
conditions, and
limitations whereby any person engaged or
proposing to engage in
the sale of beer or intoxicating liquors
promises to confine the
person's sales of a particular kind
or
quality of beer or
intoxicating liquor to one or more products, or
the
products of a
specified manufacturer or wholesale distributor,
or
to give
preference to
those products, shall to the extent of
that
promise
be void. The making of
a promise in any such
form
shall be cause
for the revocation or suspension of any
permit
issued to any
party. This section does not prevent the
holder of
an A permit
from securing and holding a wholesale
distributor's
permit or
permits and operating as a wholesale
distributor.
No manufacturer shall sell or offer to sell to any
wholesale
distributor or retail permit holder,
no wholesale
distributor
shall sell or offer to sell to any retail permit
holder, and no
wholesale distributor or retail permit holder
shall purchase or
receive from any manufacturer or wholesale
distributor, any
beer,
brewed beverages, or wine manufactured in
the United
States
except
for cash. No right of action shall
exist to collect
any
claims
for
credit extended contrary to this
section. This
section
does
not
prohibit a licensee from
crediting to a purchaser
the
actual
prices charged for packages
or containers returned by
the
original
purchaser as a credit on
any sale or from refunding
to
any
purchaser the amount paid by
that purchaser for
containers
or as
a
deposit on containers when
title is retained by
the
vendor, if
those containers or packages
have been
returned to the
manufacturer or distributor. This
section does
not prohibit a
manufacturer from extending usual and
customary
credit for
beer,
brewed beverages, or wine
manufactured in the
United States
and
sold to customers who live
or maintain places of
business
outside
this state when the
beverages so
sold are
actually
transported and
delivered to points outside
this
state.
No
wholesale or retail
permit shall be issued to an
applicant
unless
the applicant has
paid in full all accounts for
beer
or wine, manufactured in the
United
States,
outstanding
as of September 6, 1939. No beer
or
wine
manufactured in the United States shall be
imported into the
state
unless the
beer
or wine has been paid
for in
cash,
and no
supplier registration for any such beer
or
wine
manufactured in
the
United States shall be
issued by the
division of liquor
control
until the A-2, B-1, or
B-5
permit
holder establishes to
the
satisfaction of the
division
that the
beer
or wine has been
paid
for in
cash.
This section does not prevent a manufacturer from securing
and holding any
financial interest, directly or indirectly, by
stock ownership or through
interlocking directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business or premises of any C or
D permit holder,
provided that the following conditions are met:
(A) Either the manufacturer or one of its parent companies
is
listed on a national securities exchange.
(B) All purchases of alcoholic beverages by the C or
D
permit
holder are made from wholesale distributors in this state
or
agency stores licensed by the division of liquor control.
(C) If the C or D permit holder sells brands of
alcoholic
beverages that are produced or distributed by the manufacturer
that
holds the financial interest, the C or D permit holder also
sells other competing brands of alcoholic beverages produced by
other
manufacturers, no preference is given to the products of the
manufacturer, and
there is
no exclusion, in whole or in part, of
products sold or offered for sale by
other manufacturers,
suppliers, or importers of alcoholic beverages that
constitutes a
substantial impairment of commerce.
(D) The primary purpose of the C or D permit
premises is a
purpose other than to sell alcoholic beverages, and the sale of
other goods and services exceeds fifty per cent of the total gross
receipts of
the C or D permit holder at its premises.
This section does not prevent a manufacturer from giving
financial assistance to the holder of a B permit for the purpose
of the holder purchasing an ownership interest in the business,
existing inventory and equipment, or property of another B permit
holder, including, but not limited to, participation in a limited
liability partnership, limited liability company, or any other
legal entity authorized to do business in this state. This section
does not permit a manufacturer to give financial assistance to the
holder of a B permit to purchase inventory or equipment used in
the daily operation of a B permit holder.
This section does not prevent a manufacturer from securing
and holding a B-2a permit or permits and operating as a wholesale
distributor.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of
the state and encouraging the grape industries in the state, a
tax
is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar and eight cents per wine gallon
for vermouth, and one dollar and
forty-eight cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
of July 1,
2005 2007,
through June 30,
2007 2009, from the tax paid under this section
on wine, vermouth,
and
sparkling and carbonated wine and
champagne, the
treasurer of
state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per
gallon upon
which the tax is paid. The
amount credited under this
division is in addition
to the amount
credited to the Ohio grape
industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.03. Permit A-2 may be
issued to a manufacturer to
manufacture wine from grapes or other
fruits; to import and
purchase wine in
bond for blending purposes, the total amount of
wine so imported
during the year covered by the permit not to
exceed forty per
cent of all the wine manufactured and imported;
to manufacture,
purchase, and import brandy for fortifying
purposes; and to sell
those products either in glass or container
for consumption on the
premises where manufactured, for home use,
in sealed containers for consumption off the premises where
manufactured, and to retail and
wholesale permit holders under the
rules adopted by the
division of liquor control.
The fee for this permit is
one hundred twenty-six seventy-six
dollars for each plant to which this permit is issued.
Sec. 4303.071. (A)(1) Except as otherwise provided in
division (A)(2) of this section, permit B-2a may be issued to a
person that manufactures wine, is the brand owner or United States
importer of wine, or is the designated agent of a brand owner or
importer for all wine sold in this state for that owner or
importer. If the person resides outside this state, the person
shall comply with the requirements governing the issuance of
licenses or permits that authorize the sale of intoxicating liquor
by the appropriate authority of the state in which the person
resides or by the tax and trade bureau in the United States
department of the treasury.
(2) A B-2a permit shall only be issued to a manufacturer of
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and
that produces less than one hundred fifty thousand gallons of wine
per year.
(3) The fee for the B-2a permit is twenty-five dollars.
(4) The holder of a B-2a permit may sell wine to a retail
permit holder, but a B-2a permit holder that is a wine
manufacturer may sell to a retail permit holder only wine that the
B-2a permit holder has manufactured.
(5) The holder of a B-2a permit shall renew the permit in
accordance with section 4303.271 of the Revised Code, except that
renewal shall not be subject to the notice and hearing
requirements established in division (B) of that section.
(B) The holder of a B-2a permit shall collect and pay all
applicable taxes relating to the delivery of a wine to a retailer
including, but not limited to, taxes levied under sections
4301.421 and 4301.43 and Chapters 5739. and 5741. of the Revised
Code.
(C) The holder of a B-2a permit shall comply with this
chapter, Chapter 4301. of the Revised Code, and any rules adopted
by the liquor control commission under section 4301.03 of the
Revised Code.
Sec. 4303.232. (A)(1) Except as provided in division (A)(2)
of this section, permit S may be issued to a person that
manufactures wine, is the brand owner or United States importer of
wine, or is the designated agent of a brand owner or importer for
all wine sold in this state for that owner or importer. If the
person resides outside this state, the person shall comply with
the requirements governing the issuance of licenses or permits
that authorize the sale of intoxicating liquor by the appropriate
authority of the state in which the person resides or by the tax
and trade bureau of the United States department of the treasury.
(2) An S permit shall only be issued to a manufacturer of
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and
that produces less than one hundred fifty thousand gallons of wine
per year.
(3) The fee for the S permit is twenty-five dollars.
(4) The holder of an S permit may sell wine to a personal
consumer by receiving and filling orders that the personal
consumer submits to the permit holder. The permit holder shall
sell only wine that the permit holder has manufactured to a
personal consumer.
(5) The holder of an S permit shall renew the permit in
accordance with section 4303.271 of the Revised Code, except that
the renewal shall not be subject to the notice and hearing
requirements established in division (B) of that section.
(6) The division of liquor control may refuse to renew an S
permit for any of the reasons specified in section 4303.292 of the
Revised Code or if the holder of the permit fails to do any of the
following:
(a) Collect and pay all applicable taxes specified in
division (B) of this section;
(c) Comply with this section or any rules adopted by the
liquor control commission under section 4301.03 of the Revised
Code.
(B) The holder of an S permit shall collect and pay all
applicable taxes relating to the delivery of wine to a personal
consumer, including, but not limited to, taxes levied under
sections 4301.421 and 4301.43 and Chapters 5739. and 5741. of the
Revised Code.
(C)(1) The holder of an S permit shall send a shipment of
wine that has been paid for by a personal consumer to that
personal consumer via the holder of an H permit. Prior to sending
a shipment of wine to a personal consumer, the holder of an S
permit, or an employee of the permit holder, shall make a bona
fide effort to ensure that the personal consumer is at least
twenty-one years of age. The shipment of wine shall be shipped in
a package that clearly has written on it in bold print the words
"alcohol enclosed." No person shall fail to comply with division
(C)(1) of this section.
(2) Upon delivering a shipment of wine to a personal
consumer, the holder of the H permit, or an employee of the permit
holder, shall verify that the personal consumer is at least
twenty-one years of age by checking the personal consumer's
driver's or commercial driver's license or identification card
issued under sections 4507.50 to 4507.52 of the Revised Code.
(3) The holder of an S permit shall keep a record of each
shipment of wine that the permit holder sends to a personal
consumer. The records shall be used for all of the following:
(a) To provide a copy of each wine shipment invoice to the
tax commissioner in a manner prescribed by the commissioner. The
invoice shall include the name of each personal consumer that
purchased wine from the S permit holder in accordance with this
section and any other information required by the tax
commissioner.
(b) To provide annually in electronic format by electronic
means a report to the division. The report shall include the name
and address of each personal consumer that purchased wine from the
S permit holder in accordance with this section, the quantity of
wine purchased by each personal consumer, and any other
information requested by the division. The division shall
prescribe and provide an electronic form for the report and shall
determine the specific electronic means that the S permit holder
must use to submit the report.
(c) To notify a personal consumer of any health or welfare
recalls of the wine that has been purchased by the personal
consumer.
(D) As used in this section, "personal consumer" means an
individual who is at least twenty-one years of age, is a resident
of this state, does not hold a permit issued under this chapter,
and intends to use wine purchased in accordance with this section
for personal consumption only and not for resale or other
commercial purposes.
Sec. 4303.233. No family household shall purchase more than
twenty-four cases of nine-liter bottles of wine in one year.
Sec. 4503.06. (A) The owner of each manufactured
or mobile
home that has acquired situs in this state
shall pay either a real
property tax pursuant to
Title LVII of the Revised Code or a
manufactured home tax
pursuant to division (C) of
this section.
(B) The owner of a manufactured or
mobile home shall pay
real
property taxes if either of the
following applies:
(1) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred on or after
January
1, 2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code.
(b) The home is located on land that is owned by
the owner
of
the home.
(c) The certificate of title has been inactivated by
the
clerk of the court of common pleas that issued it,
pursuant to
division (H) of section 4505.11 of the Revised
Code.
(2) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred before
January 1,
2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code.
(b) The home is located on land that is owned by
the owner
of
the home.
(c) The owner of the home has elected to have the
home taxed
as real property and, pursuant to section 4505.11 of
the Revised
Code, has surrendered the
certificate of title to the
auditor of
the county containing the taxing district in
which the home has
its situs, together with proof that all taxes
have been paid.
(d) The county auditor has placed the
home on the real
property tax list and delivered the certificate
of title to the
clerk of the court of common pleas
that issued it and the clerk
has inactivated the certificate.
(C)(1) Any mobile or manufactured home that
is not taxed as
real property as provided in division
(B) of this section is
subject to an annual manufactured home tax, payable by the owner,
for
locating the
home in this state. The tax as levied in this
section is for the purpose of
supplementing the
general revenue
funds of the local subdivisions in which
the home has its situs
pursuant to this section.
(2) The year for which the manufactured home tax is
levied
commences on the first day of January and ends on the following
thirty-first day of December.
The state shall have the
first lien
on any manufactured or mobile home on the list for the amount
of
taxes, penalties, and interest charged against the owner of the
home under this section.
The lien of the state for the tax for a
year shall attach on the first day of January to a home that has
acquired
situs on that date. The lien
for a home that has not
acquired situs on the first day of
January, but that acquires
situs during the year, shall attach on the
next first day of
January. The lien shall continue until the tax,
including any
penalty or interest, is paid.
(3)(a) The situs of a manufactured or mobile home located in
this state on the first day of
January is the local taxing
district in which the
home is located on that date.
(b) The situs of a manufactured or mobile home not located
in
this state on the first day of January, but located in this
state
subsequent to that date, is the local taxing district in
which the
home
is located thirty days after it is acquired or
first enters
this state.
(4) The tax is collected by and paid to the county
treasurer
of the county containing the taxing district in which
the home has
its situs.
(D) The manufactured home tax shall be computed and
assessed
by the county
auditor of the county containing the taxing district
in which the
home has its situs as follows:
(1) On a home that acquired situs in this state prior to
January
1, 2000:
(a) By multiplying the assessable
value of the home by the
tax
rate of the taxing district in which the home has its
situs,
and deducting from the product thus
obtained any reduction
authorized under section 4503.065 of the
Revised Code. The tax
levied under this
formula shall not be
less than thirty-six
dollars, unless the home qualifies
for a
reduction in assessable
value under section 4503.065 of the
Revised Code, in which case
there shall be no minimum tax and the
tax shall be the amount
calculated under this division.
(b) The assessable value of the home shall be
forty per cent
of the amount arrived at by the following
computation:
(i) If the cost to the owner, or market value at time of
purchase, whichever is greater, of the home includes
the
furnishings and equipment, such cost or market value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
x |
|
80% |
|
2nd calendar year |
|
x |
|
75% |
|
3rd " |
|
x |
|
70% |
|
4th " |
|
x |
|
65% |
|
5th " |
|
x |
|
60% |
|
6th " |
|
x |
|
55% |
|
7th " |
|
x |
|
50% |
|
8th " |
|
x |
|
45% |
|
9th " |
|
x |
|
40% |
|
10th and each year thereafter |
|
x |
|
35% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(ii) If the cost to the owner, or market value at the
time
of
purchase, whichever is greater, of the home does
not include
the
furnishings and equipment, such cost or market
value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
x |
|
95% |
|
2nd calendar year |
|
x |
|
90% |
|
3rd " |
|
x |
|
85% |
|
4th " |
|
x |
|
80% |
|
5th " |
|
x |
|
75% |
|
6th " |
|
x |
|
70% |
|
7th " |
|
x |
|
65% |
|
8th " |
|
x |
|
60% |
|
9th " |
|
x |
|
55% |
|
10th and each year thereafter |
|
x |
|
50% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(2) On a home in which ownership was transferred or
that
first acquired situs in this state on or after
January 1, 2000:
(a) By multiplying the assessable
value of the home
by the
effective tax
rate, as defined in section 323.08 of the
Revised
Code, for residential real
property of the taxing district in
which the home has its
situs, and deducting from the product thus
obtained the
reductions required or authorized under section
319.302,
division (B) of section
323.152, or section 4503.065 of
the
Revised Code.
(b) The assessable value of the home shall
be thirty-five
per
cent of its true value as
determined under division (L)
of
this
section.
(3)
On or before the fifteenth day of January each year,
the
county
auditor shall record the assessable value and the
amount of
tax on the manufactured or mobile home on the tax list
and deliver
a duplicate of the list to the county
treasurer. In the case of
an
emergency as defined in section 323.17 of the Revised Code,
the
tax
commissioner, by journal entry, may extend the times
for
delivery of the duplicate for an additional fifteen days upon
receiving a
written application from
the county auditor regarding
an extension for the delivery of the
duplicate, or from the county
treasurer regarding an extension of
the time for the billing and
collection of taxes. The application
shall contain a statement
describing the emergency that will cause
the unavoidable delay and
must be received by the tax
commissioner on or before the last day
of the month preceding the
day delivery of the duplicate is
otherwise required. When an extension
is granted for delivery of
the duplicate, the time period for payment
of taxes shall be
extended for a like period of time. When a
delay in the closing
of
a tax collection period becomes
unavoidable, the tax
commissioner,
upon application by the county
auditor and county
treasurer, may
order the time for payment of
taxes to be extended
if the tax
commissioner determines that
penalties have accrued or
would
otherwise accrue for reasons
beyond the control of the
taxpayers
of the county. The order
shall prescribe the final
extended date
for payment of taxes for
that collection period.
(4) After January 1, 1999, the owner of a manufactured or
mobile
home taxed
pursuant to division (D)(1) of
this section may
elect to have the home taxed pursuant to
division (D)(2) of this
section
by filing a written request with the county auditor of the
taxing district in which the home is located on or before the
first day of
December of any year. Upon the filing of the
request,
the county
auditor shall determine whether all taxes
levied
under
division (D)(1) of this section have been paid, and
if those
taxes
have been paid, the county auditor shall tax the
manufactured or
mobile home pursuant to division
(D)(2) of this
section
commencing
in the next tax year.
(5) A manufactured or
mobile home that acquired situs in
this
state prior to
January 1, 2000, shall be taxed
pursuant to
division (D)(2) of
this section if no manufactured home tax had
been paid for the
home and the home was not exempted from taxation
pursuant to
division (E) of this section
for the year for which
the taxes were not paid.
(6)(a) Immediately upon receipt of any manufactured home tax
duplicate from the county auditor, but not less than twenty days
prior to the
last date on which the first one-half taxes may be
paid without
penalty as prescribed in division (F) of this
section,
the county treasurer shall cause to be prepared and
mailed
or delivered to each person charged on that duplicate with
taxes,
or to an agent designated by such person, the tax bill
prescribed
by the tax commissioner under division (D)(7) of this
section.
When taxes are paid by installments, the
county
treasurer shall mail or deliver to each person charged on
such
duplicate or the agent designated by that person a second
tax bill
showing the amount due at the time of the second tax
collection.
The second half tax bill shall be mailed or
delivered at least
twenty days prior to the close of the second
half tax collection
period.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Failure to receive a
bill
required by this section does
not excuse failure or delay to
pay
any taxes shown on the bill
or, except as provided in division
(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty,
interest, or charge for
such
delay.
(b) After delivery of the copy of the delinquent
manufactured
home tax list under division (H) of this section,
the
county
treasurer may prepare and mail to each person in whose name
a home
is listed an additional tax bill showing the
total amount
of
delinquent taxes charged against the home as
shown on the list.
The tax bill shall include a notice that
the interest charge
prescribed by division (G) of this section
has begun to accrue.
(7) Each tax bill prepared and mailed or
delivered under
division (D)(6) of this section
shall be in
the form and contain
the information required by the tax
commissioner. The
commissioner
may prescribe different forms for
each county and may
authorize
the county auditor to make up tax
bills and tax receipts
to be
used by the county treasurer.
The tax bill shall not
contain or
be mailed or delivered
with any information or material
that is
not required by this
section or that is not authorized by
section
321.45 of the
Revised Code or by the tax commissioner.
In
addition
to the information
required by the
commissioner, each
tax
bill
shall contain the following information:
(a) The taxes levied and the taxes charged and payable
against the manufactured or mobile home;
(b) The following notice:
"Notice: If the taxes are not
paid
within
sixty days after the county auditor delivers the
delinquent
manufactured home
tax list to the county treasurer, you
and your
home may be subject to
collection proceedings
for tax
delinquency." Failure to provide such notice
has no effect upon
the validity of any tax judgment to which a
home may be subjected.
(c) In the case of manufactured or mobile homes taxed under
division (D)(2) of this section, the following additional
information:
(i) The effective tax rate. The words "effective tax
rate"
shall appear in boldface type.
(ii) The following notice: "Notice: If the
taxes charged
against this home
have been reduced by the 2-1/2 per cent tax
reduction for
residences occupied by the owner
but the home is not
a residence occupied by the
owner, the owner must notify the
county auditor's office not
later than March 31 of the year
for
which the taxes are due. Failure to do so may result in the
owner
being convicted of a fourth degree misdemeanor, which is
punishable by
imprisonment up to 30 days, a fine up to $250, or
both, and in the
owner having to repay the amount by which the
taxes were
erroneously or illegally reduced, plus any interest
that may apply.
If the taxes charged against this home have not been
reduced
by the 2-1/2 per cent tax reduction and the home is
a residence
occupied by the owner, the home may qualify for
the tax reduction.
To obtain an application for the tax reduction or further
information, the
owner may contact the county auditor's office at
.......... (insert the
address and telephone number of the county
auditor's office)."
(E)(1) A manufactured or mobile home is not subject to
this
section when any of the following applies:
(a) It is taxable as personal property pursuant to
section
5709.01 of the Revised Code. Any manufactured or mobile home
that
is used as a residence shall be
subject to this
section and shall
not be taxable as personal property pursuant to
section 5709.01 of
the Revised Code.
(b) It bears a license plate issued by any state other than
this
state unless the home is in this state in excess of an
accumulative period of
thirty days in any calendar year.
(c) The annual tax has been paid on the home in this state
for
the current year.
(d) The tax commissioner has determined, pursuant to section
5715.27 of the Revised Code, that the property is exempt from
taxation, or
would be exempt from taxation under Chapter 5709. of
the Revised Code if it
were classified as real property.
(2) A travel trailer
or park trailer, as these terms are
defined in section 4501.01
of the Revised Code, is not subject to
this section if it is
unused or unoccupied and stored at the
owner's normal place of residence or at a recognized storage
facility.
(3) A travel trailer or park trailer, as these terms are
defined
in section 4501.01 of the Revised Code, is subject to this
section and shall
be taxed as a
manufactured or mobile home if it
has a situs longer
than thirty days in one location and is
connected to
existing utilities, unless either
of the following
applies:
(a) The situs is in a state facility or a camping or park
area as defined in division (C), (Q), (S),
or (V) of section
3729.01 of the Revised Code.
(b) The situs is in a camping or park area that is a
tract
of
land that has been limited to recreational use by deed or
zoning
restrictions and subdivided for sale of five or more
individual
lots for the express or implied purpose of occupancy
by
either
self-contained recreational vehicles as defined in
division
(T) of
section 3729.01 of the Revised Code or by
dependent
recreational
vehicles as defined in division (D) of
section
3729.01 of the
Revised Code.
(F) Except as provided in division (D)(3) of this
section,
the manufactured home tax is due and payable as
follows:
(1) When a manufactured or mobile home has a situs in this
state, as
provided in this section, on the first day of January,
one-half
of the amount of the tax is due and payable on or before
the
first day of March
and the balance is due and payable on
or
before the thirty-first day of July. At the option of the owner
of
the
home, the tax for the entire year may be paid in full on
the
first day of March.
(2) When a manufactured or mobile home first acquires a
situs
in this state after the first day of
January, no tax is due
and
payable for that year.
(G)(1)(a) Except as otherwise provided in division
(G)(1)(b)
of this section, if one-half of the current taxes
charged under
this
section against a manufactured or mobile home,
together
with
the
full
amount of any delinquent taxes, are not paid on
or before
the
first day of March in that year, or on or
before the last
day
for such payment as extended pursuant to
section 4503.063 of
the
Revised Code, a penalty of ten per
cent
shall be charged
against
the unpaid balance of such half of the
current taxes. If
the total
amount of all such
taxes is not paid
on or before the
thirty-first
day of July, next
thereafter, or on
or before the
last day for
payment as
extended pursuant to
section 4503.063
of the Revised
Code, a
like penalty shall be
charged on the
balance of the total
amount of
the unpaid current
taxes.
(b) After a valid delinquent tax contract that includes
unpaid current taxes from a first-half collection period described
in division (F) of this section has been entered into under
section 323.31 of the Revised Code, no ten per cent penalty shall
be charged against such taxes after the second-half collection
period while the delinquent tax contract remains in
effect. On the
day a delinquent tax contract becomes
void, the ten per cent
penalty shall be charged against such taxes
and shall equal the
amount of penalty that would have been charged
against unpaid
current taxes outstanding on the date on which the
second-half
penalty would have been charged thereon under division
(G)(1)(a)
of this section if the contract had not been in effect.
(2)(a) On the first day of the month following the last
day
the second installment of taxes may be paid without penalty
beginning
in 2000,
interest shall be charged against and computed
on all delinquent
taxes other than the current taxes that became
delinquent taxes
at the close of the last day such second
installment could be
paid without penalty. The charge shall be
for
interest that
accrued during the period that began on the
preceding first day
of December and ended on the last day of the
month that included
the last date such second installment could be
paid without
penalty. The interest shall be computed at the rate
per annum
prescribed by section 5703.47 of the Revised Code and
shall be
entered as a separate item on the delinquent manufactured
home tax list
compiled under division (H) of this section.
(b) On the first day of December beginning in 2000, the
interest shall be
charged against and computed on all delinquent
taxes. The charge
shall be for interest that accrued during the
period that began
on the first day of the month following the last
date prescribed
for the payment of the second installment of taxes
in the current
year and ended on the immediately preceding last
day of November. The interest shall be computed at the rate
per
annum prescribed
by section 5703.47 of the Revised Code and shall
be entered
as a separate item on the delinquent manufactured home
tax list.
(c) After a valid undertaking has been entered into for
the
payment of any delinquent taxes, no interest shall be charged
against such delinquent taxes while the undertaking remains in
effect in compliance with section 323.31 of the Revised Code. If
a
valid undertaking becomes void, interest shall be charged
against
the delinquent taxes for the periods that interest was
not
permitted to be charged while the undertaking was in effect.
The
interest shall be charged on the day the undertaking becomes
void
and shall equal the amount of interest that would have been
charged against the unpaid delinquent taxes outstanding on the
dates on which interest would have been charged thereon under
divisions (G)(1) and (2) of this section had the undertaking not
been in effect.
(3) If the full amount of the taxes due at either of the
times prescribed by division (F) of this section is paid within
ten days after such time, the county treasurer shall waive the
collection of and the county auditor shall remit one-half of the
penalty provided for in this division for failure to make that
payment by the prescribed time.
(4) The treasurer shall compile and deliver to the county
auditor a list of all tax payments the treasurer has received
as
provided in
division (G)(3) of this section. The list shall
include any
information required by the auditor for the remission
of the
penalties waived by the treasurer. The taxes so collected
shall
be included in the settlement next succeeding the settlement
then
in process.
(H)(1) Beginning in 2000, the county auditor shall compile
annually a
"delinquent manufactured home tax list" consisting of
homes
the county treasurer's records indicate have taxes that were
not
paid within the time prescribed by divisions
(D)(3) and (F)
of
this section, have taxes that remain unpaid
from prior years,
or
have unpaid tax penalties or interest that have been assessed.
(2) Within thirty days after the settlement under
division
(H)(2) of section 321.24 of the Revised Code beginning in
2000,
the county
auditor shall deliver a copy of the delinquent
manufactured home
tax list to the county treasurer. The auditor
shall update and publish
the
delinquent manufactured home tax list
annually in the same manner as
delinquent real property tax lists
are published.
The county auditor shall
apportion the cost of
publishing the list among taxing districts in
proportion to the
amount of delinquent manufactured home taxes so
published that
each taxing district is entitled to receive upon
collection of
those taxes.
(3) When taxes, penalties, or interest
are
charged
against a
person on the delinquent manufactured home tax list
and
are not
paid within sixty days after the list is delivered to
the
county
treasurer, the county treasurer shall, in addition
to any
other
remedy provided by law for the collection of taxes,
penalties, and
interest, enforce collection of
such taxes,
penalties, and
interest by civil action in the name of the
treasurer against the
owner for
the recovery of the unpaid taxes
following the
procedures for the recovery
of delinquent real
property taxes in
sections 323.25 to 323.28
of the Revised Code.
The action may be
brought in municipal or county court,
provided
the amount
charged
does not exceed the monetary
limitations for
original jurisdiction
for civil actions in those
courts.
It is sufficient, having made proper parties to the suit,
for
the county treasurer to allege in the treasurer's bill of
particulars or
petition that the taxes stand chargeable on the
books of the
county treasurer against such person, that they are
due and
unpaid, and that such person is indebted in the amount of
taxes
appearing to be due the county. The treasurer need not set
forth
any other matter relating thereto. If
it is found on the
trial of
the action that the person
is indebted to the state,
judgment
shall be rendered in favor of
the county treasurer
prosecuting the
action. The judgment debtor is
not entitled to the
benefit of any
law for stay of execution or
exemption of property
from levy or
sale on execution in the
enforcement of the judgment.
Upon the filing of an entry of confirmation of sale or an
order of forfeiture in a proceeding brought under this division,
title to the manufactured or mobile home shall be in the
purchaser. The clerk of courts shall issue a certificate of title
to the purchaser upon presentation of proof of filing of the entry
of confirmation or order and, in the case of a forfeiture,
presentation of the county auditor's certificate of sale.
(I) The total amount of taxes collected shall be
distributed
in the following manner:
four per cent shall be allowed as
compensation to the county
auditor for the county auditor's
service in assessing the
taxes; two per cent
shall be allowed as
compensation to the county treasurer for the
services the county
treasurer renders as a result of the tax
levied by this
section.
Such amounts shall be paid into the county treasury, to
the credit
of the county general revenue fund,
on the warrant of the county
auditor. Fees to be paid to the credit of the real estate
assessment fund
shall be collected pursuant to division (B)(C) of
section 319.54 of the Revised
Code and paid into the county
treasury, on the warrant of the county
auditor. The balance of
the
taxes collected shall be distributed
among the taxing
subdivisions
of the county in which the taxes
are collected and
paid in the
same ratio as those taxes were
collected for the
benefit of the
taxing subdivision. The taxes levied
and revenues
collected
under
this section shall be in lieu of any general
property tax
and any
tax levied with respect to the privilege of
using or
occupying a
manufactured or mobile home in this state except as
provided in
sections 4503.04 and 5741.02 of the Revised Code.
(J) An agreement to purchase or a bill of sale for a
manufactured home shall show whether or not the furnishings and
equipment are included in the purchase price.
(K) If the county treasurer and the county prosecuting
attorney agree that an item charged on the delinquent
manufactured
home tax list is uncollectible, they shall certify
that
determination and the reasons to the county board of
revision. If
the board determines the amount is uncollectible,
it shall certify
its determination to the county auditor, who
shall strike the item
from the list.
(L)(1) The county
auditor shall appraise at its true value
any manufactured or mobile home in
which ownership is transferred
or which first acquires situs in this state on
or after January 1,
2000, and any manufactured or mobile home the
owner of which has
elected, under division (D)(4) of this section, to have the home
taxed under division (D)(2) of this section. The true value
shall
include the
value of the home, any additions, and any fixtures,
but not any
furnishings in the home. In determining the true
value
of a
manufactured or mobile home, the auditor shall consider
all
facts and circumstances relating to the value of the home,
including its age, its capacity to function as a residence, any
obsolete characteristics, and other factors that may tend to prove
its true value.
(2)(a) If a manufactured or mobile home has been
the subject
of an arm's length sale between a willing seller and
a willing
buyer within a reasonable length of time prior to the
determination of true value, the county auditor shall consider the
sale
price of the home to be the true value for taxation purposes.
(b) The sale price in an arm's length transaction
between a
willing seller and a willing buyer shall not be
considered the
true value of the home if either of the following
occurred after
the sale:
(i) The home has lost value due to a casualty.
(ii) An addition or fixture has been added to the home.
(3) The county auditor shall have each home viewed and
appraised
at
least once in each six-year period in the same year
in which real
property in the county is appraised pursuant to
Chapter 5713. of
the Revised Code,
and shall update the appraised
values in the
third calendar year following the
appraisal. The
person viewing
or
appraising a home may enter the home to
determine by actual
view
any additions or fixtures that have been
added since the last
appraisal. In conducting the appraisals and
establishing the
true
value, the auditor shall follow the
procedures set forth
for
appraising real property in sections
5713.01 and 5713.03 of the
Revised
Code.
(4) The county auditor shall place the true value of each
home
on
the manufactured home tax list upon completion of an
appraisal.
(5)(a) If the county auditor changes the true value of a
home, the
auditor shall notify the owner of the home in writing,
delivered
by mail or in person. The notice shall be given at
least
thirty
days prior to the issuance of any tax bill that
reflects
the
change. Failure to receive the notice
does not invalidate any
proceeding under this section.
(b) Any owner of a home or any other person or party listed
in
division (A)(1) of section 5715.19 of the Revised Code may file
a complaint
against the true
value of the home
as appraised under
this section. The complaint shall be
filed with the
county
auditor
on or before the thirty-first day of
March
of
the
current
tax year
or the
date of closing of the collection for
the
first
half of
manufactured home taxes for the current tax
year,
whichever is
later. The auditor shall present to the county
board
of revision
all complaints filed with the auditor under this
section. The
board shall
hear and
investigate the
complaint and
may take action
on it as
provided
under sections
5715.11 to
5715.19 of the
Revised
Code.
(c) If the county board of revision determines, pursuant to
a
complaint against the valuation of a manufactured or mobile home
filed under this section, that the amount of taxes, assessments,
or other charges paid was in excess of the amount due
based on the
valuation as finally determined, then the
overpayment shall be
refunded in the manner prescribed in
section 5715.22 of the
Revised Code.
(d) Payment of all or part of a tax under this
section for
any year for which a complaint is pending before the
county board
of revision does not abate the complaint or in any
way affect the
hearing and determination thereof.
(M) If the county auditor determines that any tax
or other
charge or any part thereof has been
erroneously
charged as a
result of a clerical error as defined in
section
319.35 of the
Revised Code, the county
auditor shall call the attention of the
county
board of revision
to the erroneous charges. If the board
finds that the taxes or
other charges have been erroneously
charged or collected, it shall
certify the finding to the auditor.
Upon receipt of the
certification, the auditor shall remove the
erroneous charges
on
the
manufactured home tax list or delinquent
manufactured home tax
list
in the same manner as is prescribed in
section 319.35 of the
Revised Code for erroneous charges against
real property,
and
refund any erroneous charges that have been
collected,
with
interest, in the same manner as is prescribed in
section
319.36 of
the
Revised Code for erroneous charges against
real
property.
(N) As used in this section and section 4503.061 of the
Revised Code:
(1) "Manufactured home taxes" includes taxes, penalties, and
interest charged under division (C) or (G) of this section
and any
penalties charged under division (G) or (H)(5) of
section 4503.061
of the Revised Code.
(2) "Current taxes" means all manufactured home taxes
charged
against a manufactured or mobile home that have not
appeared on
the
manufactured home tax list for any prior year.
Current taxes
become
delinquent taxes if they remain unpaid after
the last day
prescribed for payment of the second installment of
current taxes
without penalty, whether or not they have been
certified
delinquent.
(3) "Delinquent taxes" means:
(a) Any manufactured home taxes that were charged against a
manufactured or mobile home for a prior year, including any
penalties or
interest charged for a prior year, and that remain
unpaid;
(b) Any current manufactured home taxes charged against a
manufactured or mobile home that remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty, whether or not they have been certified
delinquent, including any penalties or interest.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be
listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify
the
home to the county auditor of the county containing the taxing
district in
which the home has situs so that the auditor may place
the home on the
appropriate tax list.
(B) When a manufactured or mobile home first
acquires situs
in this state and is subject to real property
taxation pursuant to
division (B)(1) or (2) of section 4503.06 of
the Revised Code, the
owner shall present to
the auditor of the county containing the
taxing district in
which the home has its situs the certificate of
title for the home, together
with
proof that all taxes due
have
been paid and proof that a relocation
notice was obtained for the
home if required under this
section. Upon receiving the
certificate of title and the required proofs,
the auditor
shall
place the home on the real property tax list and proceed
to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of
real and public utility
property, the auditor shall deliver the
certificate of title to
the clerk of the court of common pleas
that issued it pursuant to
section 4505.11 of the
Revised Code, and the clerk shall
inactivate the certificate of title.
(C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any
county that has adopted
a permanent
manufactured home
registration system, as provided in division (F)
of this section,
the owner, within thirty days after the home
is relocated or first
acquires situs under section 4503.06 of the
Revised
Code, shall
register the home with the
county auditor of the county containing
the taxing district in
which the home has its situs. For the
first
registration in each
county of situs, the owner or vendee in
possession shall present
to the county auditor an Ohio certificate
of title, certified
copy of the certificate of title, or
memorandum certificate of
title as such are required by law, and
proof, as required by the
county auditor, that the home, if it has
previously
been occupied and is being relocated, has been
previously registered, that all taxes due
and required to be paid
under division
(H)(1) of this section before a
relocation notice
may be issued
have been paid, and that a relocation notice was
obtained for the home if
required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate
of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document.
(2) When a manufactured or mobile home is registered for the
first
time in a county and when the total tax due has been paid as
required
by division (F) of section 4503.06 of the Revised Code
or
divisions (E) and (H) of this section, the
county treasurer shall
note by writing or by a stamp on the
certificate of title,
certified copy of certificate of title, or
memorandum certificate
of title that the home has
been registered and that the taxes due,
if any, have been
paid for the preceding five years and for the
current year. The treasurer shall then issue a
certificate
evidencing registration and a decal to be displayed
on the street
side of the home.
The certificate is
valid in any county in
this
state during the year for which it is
issued.
(3) For each year thereafter, the county treasurer
shall
issue a tax bill stating the amount of
tax due under section
4503.06 of the Revised Code, as provided in division
(D)(6) of
that section. When the
total tax due has been paid as required by
division (F) of
that
section, the
county
treasurer shall
issue a
certificate evidencing registration
that
shall be valid
in any
county in this state during the year
for
which the
certificate is
issued.
(4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code.
(D)(1) All owners of manufactured or mobile homes subject to
the
manufactured home tax being relocated to or having situs in a
county
that has not adopted a
permanent registration system, as
provided in division (F) of
this section, shall register the home
within thirty days after the home
is relocated or first acquires
situs under section 4503.06
of the Revised Code and thereafter
shall annually
register the home with the county auditor of the
county containing the taxing district in which the home has its
situs.
(2) Upon the annual registration, the county treasurer
shall
issue a tax bill stating
the amount of
annual manufactured
home
tax due under section 4503.06
of the Revised Code, as
provided in
division (D)(6) of that section. When a
manufactured
or
mobile
home is registered and when the tax for the current
one-half year
has
been paid as required by division (F) of
that
section, the
county treasurer shall
issue a
certificate
evidencing registration
and a decal.
The
certificate
and decal
are valid in any county in
this state during
the year
for which
they are issued. The decal
shall be displayed
on the
street side
of the home.
(3) For the first annual registration in each county of
situs,
the county auditor shall require the owner or vendee to
present
an Ohio certificate of title, certified copy of the
certificate
of title, or memorandum certificate of title as such
are required
by law, and proof, as required by the county auditor,
that the
manufactured or mobile home has been previously
registered,
if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued
have been paid, and that
a relocation notice
was obtained for the
home if required by
division (H) of this section.
If the owner or vendee does not
possess the Ohio certificate of
title, certified copy of the
certificate of title, or memorandum certificate
of title at the
time the owner or vendee first
registers the home in a county, the
county auditor shall register
the home without presentation of the
document, but the owner or
vendee shall present the certificate of
title, certified copy of
the certificate of title, or memorandum
certificate of title to
the county auditor within fourteen days
after the owner or vendee
obtains possession of the document.
When
the county treasurer
receives the tax
payment, the county
treasurer shall note by writing or by a
stamp on the certificate
of title, certified copy of the certificate of title,
or
memorandum certificate of title that the home has
been registered
for the current year and that the manufactured home
taxes due, if
any, have
been paid for the preceding five years and for the
current year.
(4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due.
(E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid
pursuant to division (C) of section 4503.06 of the Revised
Code the clerk of
the court of common pleas shall not issue any
certificate of title
that does not contain or have attached both
of the following:
(a) An endorsement of the county treasurer stating that
the
home has been registered for each
year of ownership and that all
manufactured home taxes imposed pursuant
to section 4503.06 of the
Revised
Code have been paid or that no tax is due;
(b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to
section 322.06
of the Revised Code and any fees imposed under
division (F)(G) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not
been paid, the clerk shall
notify the vendee to contact the county
treasurer of the county
containing the taxing district in which
the home has its situs at
the time of the proposed
transfer. The county treasurer shall
then
collect all the taxes
that are due for the year of the
transfer
and all previous years not exceeding a total of five
years. The
county treasurer shall distribute that part of the
collection owed
to
the county treasurer of other counties if the
home had its
situs in another county during a
particular year when
the unpaid
tax became due and payable. The
burden to prove the
situs of the
home in the years
that the taxes were not paid is on
the
transferor of the home.
Upon payment of
the taxes, the
county
auditor shall remove all
remaining taxes from the
manufactured
home tax list and the delinquent
manufactured home
tax list, and
the county treasurer shall release
all liens for
such taxes. The
clerk of courts shall issue a
certificate of
title, free and clear
of all liens for manufactured
home taxes, to
the transferee of the
home.
(3) Once the transfer is complete and the certificate of
title
has been issued, the transferee shall register the
manufactured or mobile
home pursuant to division (C) or (D) of
this section
with the county auditor of the county containing the
taxing
district in which the home remains after the transfer
or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for
the year of acquisition
if the original owner has already paid
the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner.
(G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose
a penalty of
one hundred dollars upon the owner and
deposit the amount to the credit of the
county real estate
assessment fund to be used to pay the costs of
administering this
section and section 4503.06 of the Revised Code. If
unpaid, the
penalty shall constitute a lien on the home and shall be added
by
the county auditor to the manufactured home tax list for
collection.
(H)(1)
Except as otherwise provided in this division,
before
moving a manufactured or mobile home on
public
roads from
one
address within this
state to another address
within or
outside
this state, the owner of the
home shall obtain a
relocation
notice, as provided by
this section, from the auditor
of the
county in which the home is located if
the home is
currently
subject to taxation pursuant to section 4503.06 of the
Revised
Code. The auditor shall charge five dollars for the
notice, and
deposit the amount to the credit of the county real
estate
assessment fund to
be used to pay the costs of
administering this
section and section 4503.06
of the Revised
Code. The auditor shall
not issue a relocation notice unless
all
taxes owed on the home
under section 4503.06 of the
Revised Code
that were first charged
to the home during the period
of ownership
of the owner seeking
the relocation notice
have been paid. If the
home is being moved
by a new owner of the home or
by a party
taking repossession of
the home, the auditor shall
not issue a
relocation notice unless
all of the taxes due for
the preceding
five years and for the
current year have been paid.
A relocation
notice issued by a
county auditor is valid until the
last day of
December of the year
in which it was issued.
If the home is being moved by a sheriff, police officer,
constable, bailiff, or manufactured home park operator, as defined
in section 3733.01 of the Revised Code, or any agent of any of
these persons, for purposes of removal from a manufactured home
park and storage, sale, or destruction under section 1923.14 of
the Revised Code, the auditor
shall issue a relocation notice
without requiring payment of any
taxes owed on the home under
section 4503.06 of the Revised Code.
(2) If a manufactured or mobile home is not yet subject to
taxation under
section 4503.06 of the
Revised Code, the owner of
the home shall obtain a
relocation notice from the dealer of the
home. Within thirty days after the
manufactured or mobile home is
purchased, the dealer
of the home shall provide the auditor of the
county in which the
home is to be located written notice of the
name of the purchaser of the
home, the registration number or
vehicle identification number of the
home, and the address or
location to
which the home is to be moved. The county auditor
shall provide to each
manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed
to
purchasers pursuant to this section.
(3) The notice shall be in the form of a one-foot
square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the
home, the
home's registration number or vehicle identification number,
the
county and the address or location to which the home
is being
moved, and the county in which
the notice is issued shall also be
entered on the notice.
(4) The relocation notice must be attached to the rear of
the
home when the home is being moved on a public road. Except
as
provided in
divisions (H)(1) and (5)
of this section, no
person
shall drive
a motor vehicle moving a
manufactured or mobile
home
on a public
road from one address to
another address within
this
state unless
a relocation notice is
attached to the rear of
the
home.
(5) If the county auditor determines that a
manufactured or
mobile home has been moved without a relocation notice as
required
under this division, the auditor
shall impose a penalty of one
hundred dollars upon the owner of the home and
upon the person who
moved the home and deposit the amount to the credit of
the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code.
If the home was
relocated from one county in this state to another
county in this
state and the county auditor of the county to which the
home was
relocated imposes the penalty, that county auditor, upon
collection
of the penalty, shall cause
an amount equal to
the
penalty to
be transmitted from the county
real estate
assessment
fund to the
county auditor of the county
from which the
home was
relocated,
who shall deposit the amount to
the credit of
the
county real
estate assessment fund. If the
penalty on the
owner is
unpaid,
the penalty shall constitute a lien on
the home
and
the
auditor
shall add the penalty to the manufactured home tax
list
for
collection. If the county auditor determines that a
dealer
that
has
sold a manufactured or mobile home has failed to
timely
provide
the information required under this division, the
auditor
shall
impose a penalty upon the dealer in the amount of
one
hundred
dollars. The penalty shall be credited to the county
real
estate assessment fund and used to pay the costs of
administering
this section and section 4503.06 of the
Revised
Code.
(I)
Whoever violates division (H)(4) of this section is
guilty of a minor misdemeanor.
Sec. 4503.064. As used in sections 4503.064 to 4503.069 of
the Revised Code:
(A) "Sixty-five years of age or older" means a person who
will be age sixty-five or older in the calendar year following
the
year of application for reduction in the assessable value of
the
person's manufactured or mobile home.
(B) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in
which
application for a reduction in taxes is made, as determined
under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A.
1, as amended, adjusted as follows:
(1) Subtract the amount of disability benefits included in
adjusted gross income but not to exceed five thousand two hundred
dollars;
(2) Add old age and survivors benefits received pursuant
to
the "Social Security Act" that are not included in adjusted
gross
income;
(3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income;
(4) Add tier I and II railroad retirement benefits
received
pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C.
228;
(5) Add interest on federal, state, and local government
obligations;
(6) For a person who received the homestead exemption for a
prior year on
the basis of being permanently and totally disabled
and whose current
application for the exemption is made on the
basis of age, subtract the
following amount:
(a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first
year in
which the person applied for the exemption on the basis of
age, subtract an
amount equal to the disability benefits the
person received in that preceding
year, to the extent included in
total income in the current year and not
subtracted under division
(B)(1) of this section in the current year;
(b) If the person received disability benefits that were
included
in adjusted gross income in the year preceding the first
year in which the
person applied for the exemption on the basis of
age, subtract an amount equal
to the amount of disability benefits
that were subtracted pursuant to division
(B)(1) of this section
in that preceding year, to the extent included
in total income in
the current year and not subtracted under division
(B)(1) of this
section in the current year.
Disability benefits that are paid by the department of
veterans affairs or
a
branch of the armed forces of the United
States on account
of an injury or disability shall not be included
in total income.
(C) "Old age and survivors benefits received pursuant to
the
'Social Security Act'" or "tier I railroad retirement
benefits
received pursuant to the 'Railroad Retirement Act'"
means:
(1) The old age benefits payable under the social security
or
railroad retirement laws in effect on the last day of the
calendar
year preceding the year in which the applicant's
application for
reduction is first successfully made, or, if no
such benefits are
payable that year, old age benefits payable the
first succeeding
year in which old age benefits under the social
security or
railroad retirement laws are payable, except in those
cases where
a change in social security or railroad retirement
benefits
results in a reduction in income.
(a) Survivors benefits payable under the social security
or
railroad retirement laws in effect on the last day of the
calendar
year preceding the year in which the applicant's
application for
reduction is first successfully made, or, if no
such benefits are
payable that year, survivors benefits payable
the first succeeding
year in which survivors benefits are
payable; or
(b) Old age benefits of the deceased spouse, as determined
under division (C)(1) of this section, upon which the surviving
spouse's survivors benefits are based under the social security
or
railroad retirement laws, except in those cases where a change
in
benefits would cause a reduction in income.
Survivors benefits are those described in division
(C)(2)(b)
of this section only if the deceased spouse received
old age
benefits in the year in which the deceased died. If the
deceased
spouse did not receive old age benefits in the year in
which the
deceased died, then survivors benefits are those
described in
division (C)(2)(a) of this section.
(D) "Permanently and totally disabled" means a person who,
on
the first day of January of the year of application, including
late application, for reduction in the assessable value of a
manufactured or mobile home, has some impairment in body or mind
that makes
the person unable to work at any substantially
remunerative
employment
which the person is reasonably able to
perform and which
will, with
reasonable probability, continue for
an indefinite period of at
least twelve months without any present
indication of recovery
therefrom or has been certified as
permanently and totally
disabled by a state or federal agency
having the function of so
classifying persons.
(E)(C) "Homestead exemption" means the reduction in taxes
allowed under division (A) of section 323.152 of the Revised Code
for the year in which an application is filed under section
4503.066 of the Revised Code.
(F)(D) "Manufactured home" has the meaning given in division
(C)(4) of section 3781.06 of the
Revised Code, and includes a
structure consisting of two manufactured homes that were
purchased
either together or separately and are combined to form
a single
dwelling, but does not include a manufactured home
that is taxed
as real property pursuant to division (B) of section
4503.06 of
the Revised Code.
(G)(E) "Mobile home" has the meaning given in division
(O) of
section 4501.01 of the Revised
Code and includes a structure
consisting of two mobile homes that were purchased together or
separately and combined to form a single dwelling, but does not
include a
mobile home that is taxed as real property pursuant to
division (B)
of section 4503.06 of the Revised Code.
(H)(F) "Late application" means an application filed with an
original application under division (A)(3) of section 4503.066 of
the Revised Code.
Sec. 4503.065. (A) This section applies to any of the
following:
(1) An individual who is permanently and totally disabled;
(2) An individual who is sixty-five years of age or older;
(3) An individual who is the surviving spouse of a
deceased
person who was permanently and totally disabled or
sixty-five
years of age or older and who applied and qualified
for a
reduction in assessable value under this section in the
year of
death, provided the surviving spouse is at least
fifty-nine but
not sixty-five or more years of age on the date
the deceased
spouse dies.
(B)(1) The manufactured home tax on a manufactured
or mobile
home that is paid pursuant to division (C) of
section 4503.06 of
the Revised Code and that is owned
and occupied as a home by an
individual whose domicile is in this
state and to whom this
section applies, shall be reduced
for any tax year for which the
owner obtains a certificate of reduction from the county auditor
under section 4503.067 of the Revised Code, provided the
individual did not acquire ownership from a person, other than
the
individual's spouse, related by consanguinity or
affinity for the
purpose
of qualifying for the reduction in assessable value. An
owner
includes a settlor of a revocable inter vivos trust holding
the
title to a manufactured or mobile home occupied by the settlor
as of
right under the trust. The
(1) For manufactured and mobile homes for which the tax
imposed by section 4503.06 of the Revised Code is computed under
division (D)(2) of that section, the reduction shall equal the
amount
obtained by
multiplying the tax rate for the tax year for
which
the
certificate is issued by the reduction in assessable
value
shown
in the following schedule.
|
|
Reduce Assessable Value |
Total Income |
|
by the Lesser of: |
|
|
Column A |
Column B |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent
|
More than $23,000 |
|
-0- |
(2) Each calendar year, the tax
commissioner shall adjust
the
foregoing schedule by completing
the
following
calculations
in
September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December
of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which assessable
value
is reduced, for the ensuing tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which assessable
value is
reduced, for the ensuing tax year;
(d)(i) Except as provided in division (B)(2)(d)(ii) of this
section, round the resulting sum to the nearest
multiple of one
hundred dollars;
(ii) If rounding the resulting sum to the nearest multiple of
one hundred dollars under division (B)(2)(d)(i) of this section
does not increase the dollar amounts by which assessable value is
reduced, the resulting sum instead shall be rounded to the nearest
multiple of ten dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the second
ensuing tax year. The
commissioner shall not make the adjustment
in any calendar year
in which the amounts resulting from the
adjustment would be less
than the total income amounts, or less
than the dollar amounts by which
assessable value is reduced, for
the ensuing tax year greater of the reduction granted for the tax
year preceding the first tax year to which this section applies
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th
general assembly, if the taxpayer received a reduction for that
preceding tax year, or the product of the following:
(a) Twenty-five thousand dollars of the true value of the
property in money;
(b) The assessment percentage established by the tax
commissioner under division (B) of section 5715.01 of the Revised
Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes
charged against the property for the current year, where
"effective tax rate" is defined as in section 323.08 of the
Revised Code;
(d) The quantity equal to one minus the sum of the percentage
reductions in taxes received by the property for the current tax
year under section 319.302 of the Revised Code and division (B) of
section 323.152 of the Revised Code.
(2) For manufactured and mobile homes for which the tax
imposed by section 4503.06 of the Revised Code is computed under
division (D)(1) of that section, the reduction shall equal the
greater of the reduction granted for the tax year preceding the
first tax year to which this section applies pursuant to Section
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the
taxpayer received a reduction for that preceding tax year, or the
product of the following:
(a) Twenty-five thousand dollars of the cost to the owner, or
the market value at the time of purchase, whichever is greater, as
those terms are used in division (D)(1) of section 4503.06 of the
Revised Code;
(b) The percentage from the appropriate schedule in division
(D)(1)(b) of section 4503.06 of the Revised Code;
(c) The assessment percentage of forty per cent used in
division (D)(1)(b) of section 4503.06 of the Revised Code;
(d) The tax rate of the taxing district in which the home has
its situs.
(C) If the owner or the spouse of the owner of a
manufactured
or
mobile
home is eligible for a homestead exemption
on the land
upon which
the home is located, the reduction in
assessable
value
to which the owner or spouse is entitled under
this
section shall
not exceed
the difference between the reduction
in assessable
value
to which the owner or spouse is entitled under
column A of
the above schedule division (B) of this section
and the amount of
the reduction in
taxable value that was used to compute under the
homestead exemption.
(D) No reduction shall be made on the assessable value of
with respect to
the
home of any person convicted of violating
division
(C) or (D)
of section 4503.066 of the Revised Code for a
period
of three
years following the conviction.
Sec. 4503.066. (A)(1) To obtain a tax reduction in the
assessable value of a manufactured or mobile home under section
4503.065 of
the Revised Code, the owner of the home shall file an
application with the county auditor of the county in which the
home is
located. An application for reduction in
assessable value
taxes
based upon a physical disability shall be
accompanied by a
certificate signed by a physician, and an
application for
reduction in assessable value taxes based upon a mental
disability
shall
be accompanied by a certificate signed by a
physician or
psychologist licensed to practice in this state.
The certificate
shall attest to the fact that the applicant is
permanently and
totally disabled, shall be in a form that the
department of
taxation requires, and shall include the definition
of totally and
permanently disabled as set forth in section
4503.064 of the
Revised Code. An application for reduction in
assessable value
taxes
based upon a disability certified as permanent
and total by
a
state or federal agency having the function of so
classifying
persons shall be accompanied by a certificate from
that agency.
(2) Each application shall constitute a continuing
application for a reduction in assessable value taxes for each
year in
which the manufactured or mobile home is occupied by the
applicant
and in
which the amount of the reduction in assessable
value does
not exceed either
the amount or per cent of the
reduction for the
year in which the
application was first filed.
Failure to receive
a new
application or notification under
division (B) of this
section
after a certificate of reduction has
been issued under
section
4503.067 of the Revised Code is
prima-facie evidence that
the
original applicant is entitled to
the reduction in assessable
value calculated on the basis of the
information contained in
the
original application. The original
application and any
subsequent
application shall be in the form of
a signed statement
and shall
be filed not later than the first
Monday in June. The
statement
shall be on a form, devised and
supplied by the tax
commissioner,
that shall require no more
information than is
necessary to
establish the applicant's
eligibility for the
reduction in
assessable value taxes and the
amount of the reduction to
which the
applicant is entitled. The
form shall contain a
statement that
signing such application
constitutes a delegation of authority by
the applicant to the
county auditor to examine any financial
records that relate to
income earned by the applicant as stated
on
the application for
the purpose of determining eligibility
under,
or possible
violation of, division (C) or (D) of this
section.
The
form also
shall contain a statement that conviction
of
willfully
falsifying
information to obtain a reduction in
assessable value taxes
or
failing to comply with division (B) of this
section shall
result
in the revocation of the right to the
reduction for a
period of
three years.
(3) A late application for a reduction in assessable value
taxes
for the year preceding the year for which an original
application
is filed may be filed with an original application. If
the
auditor determines that the information contained in the late
application is correct, the auditor shall determine both the
amount of the reduction in assessable value taxes to which the
applicant
would have
been entitled for the current tax year had
the
application been
timely filed and approved in the preceding
year,
and the amount
the taxes levied under section 4503.06 of the
Revised Code for
the current year would have been reduced as a
result of the
reduction in assessable value. When an applicant is
permanently
and totally disabled on the first day of January of
the year in
which the applicant files a late application, the
auditor, in
making the
determination of the amounts of the
reduction in assessable value
and taxes under division (A)(3) of
this section, is not required
to determine that the applicant was
permanently and totally
disabled on the first day of January of
the preceding year.
The amount of the reduction in taxes pursuant to a late
application shall be treated as an overpayment of taxes by the
applicant. The auditor shall credit the amount of the
overpayment
against the amount of the taxes or penalties then due
from the
applicant, and, at the next succeeding settlement, the
amount of
the credit shall be deducted from the amount of any
taxes or
penalties distributable to the county or any taxing unit
in the
county that has received the benefit of the taxes or
penalties
previously overpaid, in proportion to the benefits
previously
received. If, after the credit has been made, there
remains a
balance of the overpayment, or if there are no taxes or
penalties
due from the applicant, the auditor shall refund that
balance to
the applicant by a warrant drawn on the county
treasurer in favor
of the applicant. The treasurer shall pay the
warrant from the
general fund of the county. If there is
insufficient money in the
general fund to make the payment, the
treasurer shall pay the
warrant out of any undivided manufactured or mobile
home taxes
subsequently received by the treasurer for
distribution to the
county or taxing district in the county that received the benefit
of the overpaid taxes, in proportion to the benefits previously
received, and the amount paid from the undivided funds shall be
deducted from the money otherwise distributable to the county or
taxing district in the county at the next or any succeeding
distribution. At the next or any succeeding distribution after
making the refund, the treasurer shall reimburse the general fund
for any payment made from that fund by deducting the amount of
that payment from the money distributable to the county or other
taxing unit in the county that has received the benefit of the
taxes, in proportion to the benefits previously received. On the
second Monday in September of each year, the county auditor shall
certify the total amount of the reductions in taxes made in the
current year under division (A)(3) of this section to the tax
commissioner who shall treat that amount as a reduction in taxes
for the current tax year and shall make reimbursement to the
county of that amount in the manner prescribed in section
4503.068
of the Revised Code, from moneys appropriated for that
purpose.
(B) If in any year after an application has been filed
under
division (A) of this section the owner no longer qualifies
for the
reduction in assessable value taxes for which the owner was issued
a
certificate or qualifies for a reduction that is less than
either
the per cent or amount of the reduction to which the owner
was
entitled in the year the application was filed, the owner
shall
notify the
county auditor that the owner is not qualified
for a
reduction in the
assessable value of the home or file a new
application under division (A) of this section taxes.
During January of each year, the county auditor shall
furnish
each person issued a certificate of reduction in value,
by
ordinary mail, a form on which to report any changes in total
income that would have the effect of increasing or decreasing the
reduction to which the person is entitled, changes in ownership of
the
home, including changes in or revocation of a
revocable inter
vivos trust, changes in disability, and other
changes in the
information earlier furnished the auditor relative
to the
application. The form shall be completed
and returned to
the
auditor not later than the first Monday in June if the
changes
would affect the level of reduction in assessable value.
(C) No person shall knowingly make a false statement for
the
purpose of obtaining a reduction in assessable value taxes under
section
4503.065 of the Revised Code.
(D) No person shall knowingly fail to notify the county
auditor of any change required by division (B) of this section
that has the effect of maintaining or securing a reduction in
assessable value of the home in excess of the
reduction allowed
taxes
under section 4503.065 of the Revised Code.
(E) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 4503.064 to 4503.069 of the Revised Code.
(F)
Whoever violates division (C), (D), or
(E) of this
section is guilty of a misdemeanor of the fourth degree.
Sec. 4503.067. (A) At the same time the tax bill for the
first half of the tax year is issued,
the county auditor shall
issue a certificate of reduction in
assessable value of taxes for
a manufactured or mobile home in triplicate for each
person who
has complied with section 4503.066 of the Revised Code
and been
found by the auditor to be entitled to a reduction of
assessable
value in taxes for the succeeding tax year. The certificate
shall
set forth the assessable value of the home
calculated under
section 4503.06 of the Revised Code and the
amount of the
reduction in assessable value of the
home taxes calculated under
section 4503.065 of the Revised Code. Upon
issuance of the
certificate, the auditor shall reduce the
assessable value of
manufactured home tax levied on the home for the succeeding tax
year by the required amount and forward the original and one copy
of
the
certificate to the county treasurer. The auditor shall
retain one copy of
the certificate. The treasurer shall retain
the
original certificate and forward the remaining copy to the
recipient with
the tax bill delivered
pursuant to division (D)(6)
of section
4503.06 of the Revised Code.
(B) If the application or a continuing application is not
approved, the auditor shall notify the applicant of the reasons
for denial no later than the first Monday in October. If a
person
believes that the person's application for reduction in
assessable
value of a home taxes has been improperly denied or is for
less
than that to which the person is entitled,
the person may file an
appeal
with the county board of revision no later than the
thirty-first
day of January of the following calendar year. The
appeal shall
be treated in the same manner as a complaint relating
to the
valuation or assessment of real property under Chapter
5715. of
the Revised Code.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway
motorcycle,
and
all-purpose vehicle required to be
registered
under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or
renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle
identification number, and, in the case of
commercial cars, the
gross weight of the vehicle fully equipped
computed in the manner
prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration
or transfer of the motor vehicle, during the
preceding
registration year and during the preceding period of
the
current
registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, driver's license
number, or state identification number, or,
where a motor vehicle
to be registered is used for hire or
principally in connection
with any established business, the
owner's federal taxpayer
identification number. The bureau of
motor vehicles shall retain
in its records all social security
numbers provided under this
section, but the bureau shall not
place social security numbers on
motor vehicle certificates of
registration.
(B) Except as otherwise provided in this division, each time
an applicant first registers a motor
vehicle
in the applicant's
name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if
a physical certificate of title or
memorandum certificate has been
issued by a clerk of a court of
common pleas. If, under sections
4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk
instead has issued an electronic
certificate of title for the
applicant's motor vehicle, that
certificate may be presented for
inspection at the time of first
registration in a manner
prescribed by rules adopted by the
registrar. An applicant is not
required to present a certificate of title to an electronic motor
vehicle dealer acting as a limited authority deputy registrar in
accordance with rules adopted by the registrar. When a
motor
vehicle inspection and maintenance
program is in effect
under
section 3704.14 of the Revised Code and
rules adopted under
it,
each application for registration for a
vehicle required to
be
inspected under that section and those
rules shall be
accompanied
by an inspection certificate for the
motor vehicle
issued in
accordance with that section. The
application shall be
refused if
any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title
is required but does not
accompany
the application or, in the case
of an
electronic certificate of title, is required but is not
presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle,
for the preceding year or the preceding period of the
current
registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall
indicate, by a stamp or
by other means the registrar
prescribes,
on the
registration certificate issued upon the first
registration
of a
motor vehicle by or on behalf of the owner the
odometer
reading
of
the motor vehicle as shown in the odometer
statement
included
in
or attached to the certificate of title.
Upon each
subsequent
registration of the motor vehicle by or on
behalf of
the same
owner, the official also shall so indicate the
odometer
reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing with each registration renewal with an
expiration date on or after October 1, 2003, and for each initial
application for registration received on and after that date, the
registrar and each deputy registrar shall collect an additional
fee of eleven dollars for each application for registration and
registration renewal received. The additional fee is for the
purpose of defraying the department of public safety's costs
associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under division (C)(1) of this section
in the time and manner provided in this section. The registrar
shall deposit all moneys received under division (C)(1) of this
section into the state highway safety fund established in section
4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district
of registration in an application required by division
(A) of this
section. Violation of this division is falsification
under section
2921.13 of the Revised Code and punishable as
specified in that
section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of
environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross
vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning
a motor vehicle that was registered in the person's name
during the
preceding registration
year shall renew the
registration of the motor vehicle not more than ninety
days prior
to the expiration date of the registration either by
mail or by
electronic means through the
centralized system of registration
established
under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a
renewal notice to the person in whose name the motor
vehicle is
registered. The renewal notice shall clearly state
that the
registration of the motor vehicle may be renewed by mail
or
electronic means
through the centralized system of registration or
in person at any office
of
the registrar or at a deputy
registrar's office and shall be preprinted
with information
including, but not limited to, the owner's name and
residence
address as shown in the records of the bureau of motor
vehicles, a
brief description of the motor vehicle to be
registered, notice of
the license taxes and fees due on the motor
vehicle, the toll-free
telephone number of the registrar as
required under division
(D)(1) of section 4503.031 of the Revised
Code, and any additional
information the registrar may require by
rule. The renewal notice
shall be sent by regular mail to
the owner's last known address as
shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a
motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division
(B) of section
4510.22,
or division (B)(1) of section
4521.10 of
the Revised Code, the registrar is
not required to send
a renewal
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it either manually or by
electronic means, and return it, either by mail or electronic
means, or
the owner may take it in
person to any office of the
registrar or of a deputy registrar,
together with a financial
transaction device number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration
taxes and fees payable on the motor vehicle and a
mail fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, plus
postage as
indicated on the notice, if the registration
is renewed
by mail,
and an inspection certificate for the motor
vehicle as
provided
in section 3704.14 of the Revised Code. If
the motor
vehicle owner chooses
to renew the motor vehicle
registration by
electronic means,
the owner shall proceed in
accordance with the
rules the registrar adopts.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code prohibits
acceptance
of the renewal notice, or if
the owner or lessee does
not have an
inspection certificate for the motor
vehicle as
provided in
section 3704.14 of the Revised Code, if
that section
is
applicable, the license shall be refused, and the
registrar or
deputy registrar shall so notify the owner. This
section does not
require the payment of license or registration
taxes on a motor
vehicle for any preceding year, or for any
preceding period of a
year, if the motor vehicle was not taxable
for that preceding year
or period under section 4503.02, 4503.04,
4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a
motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application
manually or by electronic means
and submit the application and
pay any applicable
license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for
registration and the registrar is prohibited by division (D)
of
section 2935.27, division (A) of section 2937.221, division (A)
of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code from
accepting the
application, the registrar
shall return the
application and the
payment to the owner. If the owner of a motor
vehicle
submits a
registration renewal application to the
registrar by electronic
means and the registrar is prohibited from
accepting the
application as provided in this division, the
registrar shall
notify the
owner of this fact and deny the
application and return
the payment or give a
credit on the
financial transaction device
account
of the owner in
the manner
the registrar prescribes by
rule adopted pursuant to division
(A)
of this section.
(F) Every deputy registrar shall post in a prominent place
at
the deputy's office a notice informing the public of the
mail
registration system required by this section and also shall post
a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and
seventy-five cents fee
collected
from
July 1, 2001, through December 31, 2002, the three
dollars
and
twenty-five cents fee collected from January 1, 2003,
through
December 31, 2003, and the three dollars and fifty cents
fee
collected after January 1, 2004, plus
postage and any
financial
transaction device
surcharge collected by the registrar
for
registration by mail, shall be paid to the credit of the
state
bureau of motor vehicles fund
established by section 4501.25 of
the Revised Code.
(H)(1) Pursuant to section 113.40 of the Revised Code, the
registrar may implement a program
permitting payment of motor
vehicle registration taxes and fees,
driver's license and
commercial driver's license fees, and any
other taxes, fees,
penalties, or charges imposed or levied by the state
by means of a
financial transaction device.
The registrar may adopt rules as
necessary for this purpose.
(2) Commencing with deputy registrar contract awards that
have a start date of July 1, 2008, and for all contract awards
thereafter, the registrar shall incorporate in the review process
a score for whether or not a proposer states that the proposer
will accept payment by means of a financial transaction device,
including credit cards and debit cards, for all department of
public safety transactions conducted at that deputy registrar
location.
A deputy registrar shall not be required to accept payment by
means of a financial transaction device unless the deputy
registrar agreed to do so in the deputy registrar's contract. The
bureau shall not be required to pay any costs incurred by a deputy
registrar who accepts payment by means of a financial transaction
device that result from the deputy registrar accepting payment by
means of a financial transaction device.
(3) A county auditor that is designated a deputy registrar
may choose to accept payment by means of a financial transaction
device, including credit cards and debit cards, for all department
of public safety transactions conducted at the office of the
county auditor in the county auditor's capacity as deputy
registrar. The bureau shall not be required to pay any costs
incurred by a county auditor who accepts payment by means of a
financial transaction device that result from the county auditor
accepting payment by means of a financial transaction device for
any such department of public safety transaction.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.35. (A) The motor vehicles furnished by the state
for use by the
elective state officials, and motor vehicles owned
and operated by political
subdivisions of the state, are exempt
from section 4503.23 of the Revised
Code.
(B) The motor following vehicles are exempt from section
4503.23 of the Revised Code:
(1) Motor vehicles operated by troopers of the state highway
patrol, and motor;
(2) Motor
vehicles operated by or on behalf of any person
whose responsibilities include
involvement in authorized civil or
criminal investigations requiring that the
presence and identity
of the vehicle occupants be undisclosed, are exempt from
section
4503.23 of the Revised Code;
(3) Motor vehicles used to assist crime victims when a state
agency determines that the situation warrants it.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application
for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the
clerk of the court of common pleas
of
that county. Any
payments
required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate
of title also shall be accompanied by that
certificate
of title
duly assigned, unless otherwise provided in
this chapter.
If a
certificate of title previously has not been
issued for the
motor
vehicle in this state, the application,
unless otherwise
provided
in this chapter, shall be accompanied
by a manufacturer's
or
importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the
applicant requests a
designation of
the
motor vehicle in
beneficiary form so that upon
the death of
the
owner of the motor
vehicle, ownership of the
motor vehicle
will
pass to a designated
transfer-on-death
beneficiary or
beneficiaries, the applicant may
do so as provided
in section
2131.13 of the Revised Code. A person
who establishes
ownership
of a motor vehicle that is transferable
on death in
accordance
with section 2131.13 of the Revised Code
may terminate
that type
of ownership or change the designation of
the
transfer-on-death
beneficiary or beneficiaries by applying for
a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
registrar, after
consultation
with the attorney general, shall
adopt rules that
govern the
location at which, and the manner in
which, are stored
the actual
application and all other documents
relating to the
sale of a
motor vehicle when an electronic motor
vehicle dealer
files the
application for a certificate of title
electronically on
behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and
that the application is in the
proper form,
the
clerk,
within
five
business days after the
application is
filed and except as
provided in section 4505.021 of the Revised Code, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal,
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the
end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty
days after the assignment or
delivery of the
motor
vehicle. If an
application for a
certificate of title is
not
filed within
the
period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B)(1) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
(2) For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a
poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes
by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
(3) In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose
of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(4) Each county clerk shall forward to the treasurer of state
all sales and use tax collections resulting from sales of motor
vehicles, off-highway motorcycles, and all-purpose vehicles during
a calendar week on or before the Friday following the close of
that week. If, on any Friday, the offices of the clerk of courts
or the state are not open for business, the tax shall be forwarded
to the treasurer of state on or before the next day on which the
offices are open. Every remittance of tax under division (B)(4) of
this section shall be accompanied by a remittance report in such
form as the tax commissioner prescribes. Upon receipt of a tax
remittance and remittance report, the treasurer of state shall
date stamp the report and forward it to the tax commissioner. If
the tax due for any week is not remitted by a clerk of courts as
required under division (B)(4) of this section, the commissioner
may require the clerk to forfeit the poundage fees for the sales
made during that week.
The treasurer of state may require the
clerks of courts to transmit tax collections and remittance
reports electronically.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or
4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or
beneficiaries
pursuant
to section
2131.13 of the Revised Code, in
connection
with the
creation
of a
security interest or for a
vehicle with a gross vehicle weight rating of more than sixteen
thousand pounds.
(D) When the transfer to the applicant was made in some
other
state or in interstate commerce, the clerk, except as
provided in
this section, shall refuse to issue any certificate
of
title
unless the tax imposed by or pursuant to Chapter
5741.
of
the
Revised Code
based on the purchaser's county of residence
has
been
paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the
tax. Upon payment of the tax in
accordance with
division
(E) of
this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment
of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by
a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not
retain a poundage fee from payments of taxes by
persons
who do not
reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller
check issued by any
insured financial institution payable
to the
clerk and submitted with an
application
for a certificate
of title
under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal
check, credit
card, electronic transfer or wire
transfer,
debit
card, or any other accepted
form of payment made
payable to
the
clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall
deduct
the amount of taxes due but not
paid from
the clerk's
periodic
remittance of tax payments, in
accordance
with
procedures
agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13
of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the
next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without
requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 under the circumstances
described in division (B)(1) of section 5739.029 of the Revised
Code,
and
upon
presentation of a copy of the affidavit provided by
that
section,
and a copy of the exemption certificate provided
by
section
5739.03 of the Revised Code.
(G) An application, as prescribed by the registrar
and
agreed
to by the tax commissioner, shall be filled out and sworn
to by
the buyer of a motor vehicle in a casual sale. The
application
shall contain the following notice in bold lettering:
"WARNING TO
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by
law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable
by six months' imprisonment or
a fine of up to
one thousand
dollars, or both. All transfers are
audited by the
department of
taxation. The seller and buyer must
provide any
information
requested by the department of taxation. The buyer
may be assessed
any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for
a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02,
5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt
issued by
the tax commissioner showing payment
of the tax. For
sales of
manufactured homes or mobile homes
occurring on or after
January 1,
2000, the applicant shall pay to
the clerk an
additional fee of five dollars
for each certificate
of title
issued by the clerk for a
manufactured or mobile home
pursuant to
division (H) of section 4505.11 of the Revised Code
and for each
certificate of title issued upon transfer of
ownership of
the
home. The clerk shall credit the fee to the
county
certificate of
title administration fund, and the fee shall
be used to
pay
the
expenses of archiving
those certificates
pursuant to
division
(A)
of section 4505.08
and division (H)(3)
of section
4505.11 of
the
Revised Code. The tax commissioner
shall
administer any tax
on a
manufactured or mobile home
pursuant to
Chapters 5739. and
5741.
of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4508.10. (A) A driver training school shall issue a
certificate of completion to each person who successfully
completes a course of instruction necessary to obtain or maintain
a driver's license. The department of public safety shall provide
each driver training school with the certificate of completion
forms.
(B) The fee for each driver's license certificate of
completion provided by the department to a driver training school
is four dollars. The director of public safety shall deposit the
fees collected under this section into the state treasury to the
credit of the state highway safety fund created in section 4501.16
4501.06 of the Revised Code.
(C) As used in this section, "driver's license" has the same
meaning as in section 4507.01 of the Revised Code.
Sec. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division (C)
of section 4511.81, or division (B) of section 4513.263 of the
Revised Code.
Sec. 4513.241. (A) The director of public safety, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules governing the use of tinted glass, and the use of
transparent, nontransparent, translucent, and reflectorized
materials in or on motor vehicle windshields, side windows,
sidewings, and rear windows that prevent a person of normal
vision
looking into the motor vehicle from seeing or identifying
persons
or objects inside the motor vehicle.
(B) The rules adopted under this section may provide for
persons who meet either of the following qualifications:
(1) On
November 11, 1994, or the effective date of
any rule
adopted under this section, own a motor
vehicle that does not
conform to the requirements of this
section or of any
rule
adopted
under this section;
(2) Establish residency in this state and are required to
register a motor vehicle that does not conform to the
requirements
of this section or of any rule adopted under this
section.
(C) No person shall operate, on any highway or other
public
or private property open to the public for vehicular
travel or
parking, lease, or rent any motor vehicle that is
registered in
this state unless the motor vehicle conforms to the
requirements
of this section and of any applicable rule adopted
under this
section.
(D) No person shall install in or on any motor vehicle,
any
glass or other material that fails to conform to the
requirements
of this section or of any rule adopted under this
section.
(E) No used motor vehicle dealer or new motor vehicle
dealer,
as defined in section 4517.01 of the Revised Code, shall
sell any
motor vehicle that fails to conform to the requirements
of this
section or of any rule adopted under this section.
(F) No reflectorized materials shall be permitted upon or
in
any front windshield, side windows, sidewings, or rear window.
(G) This section does not apply to the manufacturer's
tinting
or glazing of motor vehicle windows or windshields that
is
otherwise in compliance with or permitted by federal motor
vehicle
safety standard number two hundred five.
(H) With regard to any side window behind a driver's seat or
any rear window
other than any window on an emergency door, this
section does not apply to any
school bus used to transport a
handicapped child with disabilities pursuant to a special
education program under
Chapter 3323. of the Revised Code, whom it
is
impossible or
impractical to transport by regular school bus in
the course of
regular route transportation provided by a school
district. As
used in this
division, "handicapped child with
disabilities" and "special education
program" have has the same
meanings meaning as in section 3323.01 of the
Revised Code.
(I) This section does not apply to any school bus that is to
be sold and
operated outside this state.
(J)
Whoever violates division (C), (D),
(E), or (F) of this
section is guilty of a minor
misdemeanor.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car,
commercial car, or truck that is required to be
factory-equipped
with an occupant restraining device for the
operator or any
passenger by regulations adopted by the United
States secretary of
transportation pursuant to the "National
Traffic and Motor Vehicle
Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than
its operator, who is occupying a seating position for which
an
occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions
of the terms set forth in division (A)(4) of this
section, have
the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71
of the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action
for damages for breach of contract or another agreement between
persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device. Division (B)(1) of this
section does not apply to a person who is an employee of the
United States postal service or of a newspaper home delivery
service, during any period in which the person is engaged in the
operation of an automobile to deliver mail or newspapers to
addressees. Divisions (B)(1) and (3) of this section do not
apply
to a person who has an affidavit signed by a physician
licensed to
practice in this state under Chapter 4731. of the
Revised Code or
a chiropractor licensed to practice in this state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed.
(E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the Ohio
medical
transportation trust occupational licensing and regulatory fund
created by section
4766.05 4743.05 of the
Revised
Code.
(4) Twenty-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of
division (B)(1) or (3) of this section
or the failure of a person
to ensure that
each minor who is a
passenger of an automobile
being
operated by
that person is
wearing all of the available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with
the Ohio rules Rules of evidence Evidence that the failure
contributed to the harm alleged in the tort action and may
diminish a
recovery
of compensatory damages that represents
noneconomic loss, as defined in section 2307.011 of the Revised
Code, in
a tort action
that could have been recovered but for the
plaintiff's failure to wear all of the available elements of a
properly adjusted occupant restraining device. Evidence of that
failure shall not be used as
a
basis for a
criminal prosecution of
the person other than a
prosecution for a
violation of this
section; and shall not be
admissible as evidence
in
a criminal
action involving
the person other than a
prosecution for a
violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is
that the injury or death sustained by the occupant was
enhanced
or
aggravated by some design defect in the passenger car
or that
the
passenger car was not crashworthy.
(G)(1) Whoever violates division (B)(1) of this section
shall
be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be
fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.35. (A) All fines collected under sections
4511.01
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code
shall be paid into the county treasury and, with the
exception of
that portion distributed under section 3375.53 of
the Revised
Code, shall be placed to the credit of the fund for
the
maintenance and repair of the highways within that county,
except
that:
(1) All fines for violations of division (B) of section
4513.263 shall be delivered to the treasurer of state as provided
in division (E) of section 4513.263 of the Revised Code.
(2) All fines collected from, or moneys arising from bonds
forfeited by, persons apprehended or arrested by state highway
patrolmen shall be distributed as provided in section 5503.04 of
the Revised Code.
(3)(a) Subject to division (E) of section 4513.263 of the
Revised Code and except as otherwise provided in division
(A)(3)(b) of this section, one-half of all fines collected from,
and one-half of all moneys arising from bonds forfeited by,
persons apprehended or arrested by a township constable or other
township police officer shall be paid to the township treasury to
be placed to the credit of the general fund.
(b) All fines collected from, and all moneys arising from
bonds forfeited by, persons apprehended or arrested by a township
constable or other township police officer pursuant to division
(B)(2) of section 4513.39 of the Revised Code for a violation of
section 4511.21 of the Revised Code or any other law, ordinance,
or regulation pertaining to speed that occurred on a highway
included as part of the interstate system, as defined in section
5516.01 of the Revised Code, shall be paid into the county
treasury and be credited as provided in the first paragraph of
this section.
(B) Notwithstanding any other provision of this section or
of
any other section of the Revised Code:
(1) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(1)
or (2)
of section 2935.03 of the Revised Code are deemed to be
collected,
and to arise, from arrests made within the
jurisdiction in which
the arresting officer is appointed,
elected, or employed, for
violations of one of the sections or
chapters of the Revised Code
listed in division (E)(1) of
that section and shall be distributed
accordingly.
(2) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(3)
of
section 2935.03 of the Revised Code are deemed to be collected,
and to arise, from arrests made within the jurisdiction in which
the arresting officer is appointed, elected, or employed, for
violations of municipal ordinances that are substantially
equivalent to one of the sections or one of the provisions of one
of the chapters of the Revised Code listed in division
(E)(1)
of
that section and for violations of one of the sections or one of
the provisions of one of the chapters of the Revised Code listed
in division (E)(1) of that section, and shall be distributed
accordingly.
Sec. 4517.261. A motor vehicle dealer may contract for and
receive a documentary service charge for a retail or wholesale
sale or lease of a motor vehicle. A documentary service charge
shall be specified in writing without itemization of the
individual services provided. A documentary service charge shall
be not more than the lesser of the following:
(A) The amount allowed in a retail installment sale;
(B) Ten per cent of the amount the buyer or lessee is
required to pay pursuant to the contract, excluding tax, title,
and registration fees, and any negative equity adjustment.
Sec. 4703.071. (A) The state board of examiners of
architects shall establish and maintain and administer an
architecture education assistance program to pay applicant
enrollment fees for the internship program required of applicants
by section 4703.07 of the Revised Code.
(B) The board shall adopt rules in accordance with Chapter
119. of the Revised Code to establish all of the following:
(1) Applicant eligibility criteria for receipt of internship
program enrollment fees, which must include a requirement that
applicants be enrolled in an architecture education program at an
institution within the state that has been approved by the board
and accredited by the national architectural accrediting board,
and may include a requirement that the applicant has completed a
minimum amount of course work in the program as prescribed by the
state board by rule;
(2) Application procedures for payment of internship program
enrollment fees;
(3) The maximum amount of internship program enrollment fees
that may be provided by the architecture education assistance
program to an applicant;
(4) The total amount of internship program enrollment fees
that may be disbursed by the architecture education assistance
program in any given fiscal year;
(5) The means by which other matters incidental to the
operation of the program may be approved, including the means to
authorize necessary expenses for the operation of the architecture
education assistance program.
(C) The receipt of internship program enrollment fees under
this section shall not affect a student's eligibility for any
other assistance, or the amount of that assistance.
Sec. 4715.251. Each person licensed to practice as a dental
hygienist and
required to register with the state dental board
shall, each time he
the person applies for renewal of registration
beginning in 1995, be
currently certified to perform basic
life-support procedures by having
successfully completed a basic
life-support training course certified by
either the American red
cross or, the American heart association, or, if determined
equivalent by the board, the American safety and health institute.
An applicant
for renewal of registration shall certify on the
application for renewal of
registration prescribed by the board
under section 4715.24 of the Revised Code
that he the applicant
possesses the certification required by
this section.
The board shall, not later than one hundred eighty days after
the effective date of this amendment, determine whether basic
life-support training certified by the American safety and health
institute meets national standards. The board shall compare the
training certified by the institute with the training certified by
the American red cross and the American heart association and the
training of instructors certified by the institute to the training
of instructors certified by the American red cross and the
American heart association.
If the board determines that the training certified by the
American safety and health institute meets national standards and
is equivalent to the training certified by the American red cross
and the American heart association, the board shall accept
training certified by the American safety and health institute in
fulfillment of the requirements of this section.
Sec. 4717.07. (A) The board of embalmers and
funeral
directors shall charge and collect the following fees:
(1) For the initial issuance or biennial renewal of an
embalmer's or funeral
director's license, one hundred forty
dollars;
(2) For the issuance of an embalmer or funeral director
registration,
twenty-five dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten dollars;
(4) For the application to take the examination for a
license
to practice as an embalmer or funeral director, or to
retake a
section of the examination, thirty-five dollars;
(5) For the
initial issuance
of a license to
operate a
funeral home, two hundred fifty dollars
and
biennial renewal
of a
license to operate a funeral home, two
hundred fifty dollars;
(6) For the reinstatement of a lapsed embalmer's or
funeral
director's license, the renewal fee prescribed in division
(A)(5)(1)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(7) For the reinstatement of a lapsed license to
operate a
funeral home, the renewal fee prescribed in division (A)(6)(5)
of
this section plus fifty dollars for each month or portion of a
month the
license is lapsed until reinstatement;
(8) For the
initial issuance
of a license to
operate an
embalming facility, two hundred dollars
and biennial
renewal of a
license to operate an embalming facility, two hundred
dollars;
(9) For the reinstatement of a lapsed license to
operate an
embalming facility, the renewal fee prescribed in division
(A)(9)(8)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(10) For the
initial issuance
of a license to
operate a
crematory facility, two hundred dollars
and biennial
renewal of a
license to operate a crematory facility, two hundred
dollars;
(11) For the reinstatement of a lapsed license to
operate a
crematory facility, the renewal fee prescribed in division
(A)(11)(10)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(12) For the issuance of a duplicate of a license issued
under this
chapter, four dollars.
(B) In addition to the fees set forth in
division (A) of
this
section, an applicant shall pay the
examination fee assessed
by
any examining agency the board uses
for any section of an
examination required under this chapter.
(C) Subject to the approval of the controlling
board, the
board of embalmers and funeral directors may establish
fees in
excess of the amounts set forth in this section, provided
that
these fees do not exceed the amounts set forth in this
section by
more than fifty per cent.
Sec. 4723.32. This chapter does not prohibit any of the
following:
(A) The practice of nursing by a student
currently enrolled
in and actively pursuing completion of a prelicensure
nursing
education program approved by the board of nursing, if all of
the
following are the case:
(1) The student is participating in a program located in this
state and approved by the board of nursing or participating in
this state in a component of a program located in another
jurisdiction and approved by a board that is a member of the
national council of state boards of nursing;
(2) The
student's practice is under
the auspices of the
program and the;
(3) The
student acts under the
supervision of a registered
nurse serving
for the program
as a faculty member or teaching
assistant;.
(B) The rendering of medical assistance to a licensed
physician,
licensed dentist, or licensed podiatrist by a person
under the
direction, supervision, and control of such licensed
physician,
dentist, or podiatrist;
(C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions;
(D) The provision of nursing services to family members or
in
emergency situations;
(E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by or for its
members;
(F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified
nurse practitioner by a student currently
enrolled
in
and actively pursuing completion of a program of study
leading
to
initial authorization by the board of nursing to practice nursing
in the
specialty, if
both all of the
following are the case:
(1) The program qualifies the student to sit for the
examination
of
a national certifying organization listed in
division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under
section
4723.46 of the Revised Code or
the
program
prepares the
student to receive a master's degree in
accordance
with division
(A)(2) of section 4723.41 of the Revised
Code;
(2) The student's practice is under the auspices of the
program
and the;
(3) The student acts under the supervision of a registered
nurse
serving for the program as a faculty member, teaching
assistant,
or preceptor.
(G) The
activities of an individual who currently holds a
license to practice
nursing in another jurisdiction, if the
individual's license has not been
revoked, the individual is not
currently under suspension or on probation, the
individual does
not represent the individual as being licensed under this
chapter,
and one of the following is the case:
(1) The individual is engaging in the practice of nursing by
discharging
official duties while employed by or under contract
with the
United
States government or any agency
thereof;
(2) The individual is engaging in the practice of nursing as
an employee
of an individual, agency, or corporation located in
the other
jurisdiction in a position with employment
responsibilities
that include transporting patients into, out of,
or through this
state, as long as each trip in this state does not
exceed seventy-two
hours;
(3) The individual is consulting with an individual licensed
in this
state to practice any health-related profession;
(4) The individual is engaging in activities associated with
teaching in
this state
as a guest lecturer at or for a nursing
education
program, continuing nursing education program, or
in-service
presentation;
(5) The individual is conducting evaluations of nursing care
that are
undertaken on
behalf of an accrediting organization,
including the national
league for nursing accrediting committee,
the joint commission
on accreditation of healthcare organizations,
or any other nationally
recognized accrediting organization;
(6) The individual is providing nursing care to an
individual
who is in
this state on a temporary basis, not to
exceed six
months in any
one calendar year, if the nurse is
directly employed
by or under
contract with the individual or a
guardian or other
person
acting on the individual's behalf;
(7) The individual is providing nursing care during any
disaster, natural
or otherwise, that has been officially declared
to be a disaster
by a public announcement issued by an appropriate
federal,
state, county, or municipal official.
(H) The administration of medication by an individual who
holds a valid medication aide certificate issued under this
chapter, if the medication is administered to a resident of a
nursing home or residential care facility authorized by section
4723.63 or 4723.64 of the Revised Code to use a certified
medication aide and the medication is administered in accordance
with section 4723.67 of the Revised Code.
Sec. 4723.621. The medication aide advisory council created
under section 4723.62 of the Revised Code shall make
recommendations to the board of nursing with respect to all of the
following:
(A) The design and operation of the medication aide pilot
program conducted under section 4723.63 of the Revised Code,
including a method of collecting data through reports submitted by
participating nursing homes and residential care facilities;
(B) The content of the course of instruction required to
obtain certification as a medication aide, including the
examination to be used to evaluate the ability to administer
prescription medications safely and the score that must be
attained to pass the examination;
(C) Whether medication aides may administer prescription
medications through a gastrostomy or jejunostomy tube and the
amount and type of training a medication aide needs to be
adequately prepared to administer prescription medications through
a gastrostomy or jejunostomy tube;
(D) Protection of the health and welfare of the residents of
nursing homes and residential care facilities participating in the
pilot program and using medication aides pursuant to section
4723.64 of the Revised Code on or after July 1, 2007;
(E) The board's adoption of rules under section 4723.69 of
the Revised Code;
(F) Any other issue the council considers relevant to the use
of medication aides in nursing homes and residential care
facilities.
Sec. 4723.63. (A) In consultation with the medication aide
advisory council established under section 4723.62 of the Revised
Code, the board of nursing shall conduct a pilot program for the
use of medication aides in nursing homes and residential care
facilities. The board shall conduct the pilot program in a manner
consistent with human protection and other ethical concerns
typically associated with research studies involving live
subjects. The pilot program shall be commenced not later than May
1, 2006, and shall be conducted until July 1, 2007 end on the
thirty-first day after the report required by division (F)(2) of
this section is submitted in accordance with that division.
During the period the pilot program is conducted, a nursing
home or residential care facility participating in the pilot
program may use one or more medication aides to administer
prescription medications to its residents, subject to both all of
the following conditions:
(1) Each individual used as a medication aide must hold a
current, valid medication aide certificate issued by the board of
nursing under this chapter.
(2) The nursing home or residential care facility shall
ensure that the requirements of section 4723.67 of the Revised
Code are met.
(3) The nursing home or residential care facility shall
submit to the board, not later than the thirty-first day after the
day the board makes its request under division (F)(1)(a) of this
section, the data required by division (F)(1)(a) of this section.
(B) The board, in consultation with the medication aide
advisory council, shall do all of the following not later than
February 1, 2006:
(1) Design the pilot program;
(2) Establish standards to govern medication aides and the
nursing homes and residential care facilities participating in the
pilot program, including standards for the training of medication
aides and the staff of participating nursing homes and residential
care facilities;
(3) Establish standards to protect the health and safety of
the residents of the nursing homes and residential care facilities
participating in the program;
(4) Implement a process for selecting the nursing homes and
residential care facilities to participate in the program.
(C)(1) A nursing home or residential care facility may
volunteer to participate in the pilot program by submitting an
application to the board on a form prescribed and provided by the
board. From among the applicants, the board shall select eighty
nursing homes and forty residential care facilities to participate
in the pilot program. When the board denies an application, it
shall notify, in writing, the president and minority leader of the
senate and the speaker and minority leader of the house of
representatives of the denial and the reasons for the denial.
(2) To be eligible to participate, a nursing home or
residential care facility shall agree to observe the standards
established by the board for the use of medication aides. A
nursing home is eligible to participate only if the department of
health has found in the two most recent surveys survey or
inspections inspection of the home that the home is free from
deficiencies related to the administration of medication. A
residential care facility is eligible to participate only if the
department has found that the facility is free from deficiencies
related to the provision of skilled nursing care or the
administration of medication.
(D) As a condition of participation in the pilot program, a
nursing home and residential care facility selected by the board
shall pay the participation fee established in rules adopted under
section 4723.69 of the Revised Code. The participation fee is not
reimbursable under the medicaid program established under Chapter
5111. of the Revised Code.
(E) On receipt of evidence found credible by the board that
continued participation by a nursing home or residential care
facility poses an imminent danger, risk of serious harm, or
jeopardy to a resident of the home or facility, the board may
terminate the authority of the home or facility to participate in
the pilot program.
(F)(1) With the assistance of the medication aide advisory
council, the board shall conduct an evaluation of the pilot
program. In conducting the evaluation, the board shall do all of
the following:
(a) Request from each nursing home and residential care
facility participating in the pilot program, on the ninety-first
day after the day the board issues a medication aide certificate
under section 4723.651 of the Revised Code to the seventy-fifth
individual, the data the board requires participating nursing
homes and residential care facilities to report under rules the
board adopts under section 4723.69 of the Revised Code.
(b) Assess whether medication aides are able to administer
prescription medications safely to nursing home and residential
care facility residents;
(b)(c) Determine the financial implications of using
medication aides in nursing homes and residential care facilities;
(c)(d) Consider any other issue the board or council
considers relevant to the evaluation.
(2) Not later than March 1, 2007 the one hundred eighty-first
day after the day the board issues a medication aide certificate
under section 4723.651 of the Revised Code to the seventy-fifth
individual, the board shall prepare a report of its findings and
recommendations derived from the evaluation of the pilot program.
The board shall submit the report to the governor, president and
minority leader of the senate, speaker and minority leader of the
house of representatives, and director of health.
(G) The board shall, on the day it issues a medication aide
certificate to the seventy-fifth individual, post a notice on its
web site indicating the date on which any nursing home or
residential care facility may use medication aides in accordance
with section 4723.64 of the Revised Code.
Sec. 4723.64. On and after July 1, 2007 the thirty-first day
following the board of nursing's submission of the report required
by division (F)(2) of section 4723.63 of the Revised Code, any
nursing home or residential care facility may use one or more
medication aides to administer prescription medications to its
residents, subject to both of the following conditions:
(A) Each individual used as a medication aide must hold a
current, valid medication aide certificate issued by the board of
nursing under this chapter.
(B) The nursing home or residential care facility shall
ensure that the requirements of section 4723.67 of the Revised
Code are met.
Sec. 4723.65. (A) An individual seeking certification as a
medication aide shall apply to the board of nursing on a form
prescribed and provided by the board. If the application is
submitted on or after July 1, 2007 the day any nursing home or
residential care facility may initially use medication aides as
specified in section 4723.64 of the Revised Code, the application
shall be accompanied by the certification fee established in rules
adopted under section 4723.69 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section,
an applicant for a medication aide certificate shall submit a
request to the bureau of criminal identification and investigation
for a criminal records check. The request shall be on the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and shall be accompanied by a standard impression
sheet to obtain fingerprints prescribed pursuant to division
(C)(2) of that section. The request shall also be accompanied by
the fee prescribed pursuant to division (C)(3) of section 109.572
of the Revised Code. On receipt of the completed form, the
completed impression sheet, and the fee, the bureau shall conduct
a criminal records check of the applicant. On completion of the
criminal records check, the bureau shall send the results of the
check to the board. An applicant requesting a criminal records
check under this division who has not lived in this state for at
least five years shall ask the superintendent of the bureau of
criminal identification and investigation to also request that the
federal bureau of investigation provide the superintendent with
any information it has with respect to the applicant.
(2) If a criminal records check of an applicant was completed
pursuant to section 3721.121 of the Revised Code not more than
five years prior to the date the application is submitted, the
applicant may include a certified copy of the criminal records
check completed pursuant to that section and is not required to
comply with division (B)(1) of this section.
(3) A criminal records check provided to the board in
accordance with division (B)(1) or (B)(2) of this section shall
not be made available to any person or for any purpose other than
the following:
(a) The results may be made available to any person for use
in determining whether the individual who is the subject of the
check should be issued a medication aide certificate.
(b) The results may be made available to the person who is
the subject of the check or a representative of that person.
Sec. 4723.66. (A) A person or government entity seeking
approval to provide a medication aide training program shall apply
to the board of nursing on a form prescribed and provided by the
board. If the application is submitted on or after July 1, 2007
the day any nursing home or residential care facility may
initially use medication aides as specified in section 4723.64 of
the Revised Code, the application shall be accompanied by the fee
established in rules adopted under section 4723.69 of the Revised
Code.
(B) The board shall approve the applicant to provide a
medication aide training program if the content of the course of
instruction to be provided by the program meets the standards
specified by the board in rules adopted under section 4723.69 of
the Revised Code and includes all of the following:
(1) At least seventy clock-hours of instruction, including
both classroom instruction on medication administration and at
least twenty clock-hours of supervised clinical practice in
medication administration;
(2) A mechanism for evaluating whether an individual's
reading, writing, and mathematical skills are sufficient for the
individual to be able to administer prescription medications
safely;
(3) An examination that tests the ability to administer
prescription medications safely and that meets the requirements
established by the board in rules adopted under section 4723.69 of
the Revised Code.
(C) The board may deny, suspend, or revoke the approval
granted to the provider of a medication aide training program for
reasons specified in rules adopted under section 4723.69 of the
Revised Code. All actions taken by the board to deny, suspend, or
revoke the approval of a training program shall be taken in
accordance with Chapter 119. of the Revised Code.
Sec. 4731.053. (A) As used in this section,
"physician"
means
an individual authorized by this chapter to practice
medicine and
surgery, osteopathic medicine and surgery, or
podiatric medicine and
surgery.
(B) The state medical board shall adopt rules
that establish
standards to be met and procedures
to be
followed by a physician
with respect to the physician's delegation
of the performance of a
medical task to a person who is not licensed or otherwise
specifically
authorized by the Revised Code
to
perform the task.
The rules shall be
adopted in accordance with Chapter 119. of the
Revised
Code and shall include a coroner's investigator among the
individuals who are competent to recite the facts of a deceased
person's medical condition to a physician so that the physician
may pronounce the person dead without personally examining the
body.
(C) To the extent that delegation applies to the
administration
of drugs, the rules adopted under this section
shall provide for all
of the following:
(1) On-site supervision when the delegation
occurs in an
institution or other facility that is used primarily
for the
purpose of providing health care, unless the board establishes a
specific exception to the on-site supervision requirement with
respect to
routine administration of a topical drug, such as the
use of a medicated
shampoo;
(2) Evaluation of whether delegation is appropriate
according
to
the acuity of the patient involved;
(3) Training and competency requirements that must be met by
the
person administering the drugs;
(4) Other standards and procedures the board considers
relevant.
(D) The board shall not adopt rules that do any of the
following:
(1) Authorize a physician to transfer the physician's
responsibility for supervising a person who is performing a
delegated
medical task to a health professional other than another
physician;
(2) Authorize an individual to whom a medical task is
delegated
to delegate the performance of that task to another
individual;
(3) Except as provided in divisions (D)(4) to
(7) of this
section, authorize a physician to delegate the administration of
anesthesia,
controlled substances, drugs administered
intravenously, or any other drug or
category of drug the board
considers to be inappropriate for delegation;
(4) Prevent an individual from engaging in an activity
performed
for a handicapped child with a disability as a service
needed to meet the
educational needs
of the child, as identified
in the
individualized education program
developed for the child
under
Chapter 3323. of the Revised
Code;
(5)
Conflict with any provision of the Revised Code that
specifically authorizes an individual to perform a particular
task;
(6) Conflict with any rule adopted pursuant to the
Revised
Code that is in effect on April 10, 2001, as
long
as the rule
remains in effect, specifically
authorizing an
individual to
perform a particular task;
(7) Prohibit a perfusionist from administering drugs
intravenously while
practicing as a perfusionist;
(8) Authorize a physician assistant, anesthesiologist
assistant,
or any other professional regulated by the board to
delegate tasks pursuant to
this section.
Sec. 4731.142. (A) Except as provided in division
(B) of
this section, an individual must demonstrate proficiency in
spoken
English, by passing an examination specified by the state medical
board, to receive a certificate to practice issued under
section
4731.14 of the Revised Code if the individual's eligibility
for
the
certificate is based in part on certification from the
educational commission for foreign medical graduates and
fulfillment of
the undergraduate requirements established
by
section
4731.09 of the Revised Code at an institution outside the
United
States. The individual may demonstrate such proficiency by
obtaining a score of forty or higher on
the test of spoken English
conducted by the educational testing
service The board shall adopt
rules specifying an acceptable examination and establishing the
minimum score that demonstrates proficiency in spoken English.
(B) An individual is not required to demonstrate
proficiency
in spoken English in accordance with division (A) of
this section
if the individual was required to demonstrate
such proficiency
as
a condition of certification from the educational
commission for
foreign medical graduates.
Sec. 4731.22. (A) The state medical board,
by an
affirmative
vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination
for a certificate to practice or to have
committed
fraud,
misrepresentation, or deception in applying for
or securing
any
certificate to practice or certificate of
registration issued
by
the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing,
or
administering drugs for other than legal and
legitimate
therapeutic purposes
or a plea of guilty to, a judicial
finding of
guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law
regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited
branch of medicine;
or in securing or attempting to secure
any
certificate
to practice or certificate of registration issued
by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a
judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended
or
revoked
shall not be found to have violated any
provision of a
code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the
public health council pursuant
to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to
practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or
copayment that a patient, pursuant to a health
insurance or
health
care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of
all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment
of the
notice from, a patient when required by
section 4731.143 of
the Revised Code
prior to providing
nonemergency professional
services, or failure to maintain
that
notice in the patient's
file;
(31) Failure of a physician supervising a physician
assistant
to
maintain supervision in accordance with the
requirements of
Chapter
4730. of the Revised Code and the rules
adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the
admissions and
findings contained in the consent agreement
shall
be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding
by the board, pursuant to an adjudication under
Chapter
119. of
the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial
court renders a final judgment in the individual's favor and
that
judgment is based upon an
adjudication on
the merits. The
board
has jurisdiction under those
divisions if the trial court
issues
an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or
upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a
signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person
who reports information of that nature or who testifies
before the
board in any adjudication conducted under
Chapter 119.
of the
Revised Code shall not be liable
in damages in a civil
action as a
result of the report or
testimony. Each
complaint or
allegation of
a violation received by the
board shall be assigned
a case number
and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose
practice is authorized by this chapter,
service of the
subpoena
may be made by certified mail,
restricted delivery,
return receipt
requested, and the subpoena
shall be deemed served
on the date
delivery is made or the date
the person refuses to
accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within sixty seventy-five
days
after
completion of its hearing. A failure to issue the order
within
sixty seventy-five days shall result in dissolution of the
summary
suspension
order but shall not invalidate any subsequent,
final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or
(13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter
119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a
hearing
shall be given in accordance with
Chapter 119. of the
Revised Code. If the
board finds, pursuant to
an adjudication held
under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads
guilty to, is found by a judge
or jury to be
guilty of, or is
subject to a judicial
finding of eligibility for
intervention in
lieu of conviction in this state
or treatment or
intervention in
lieu of conviction in another
jurisdiction for
any
of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction:
aggravated
murder, murder, voluntary
manslaughter, felonious
assault,
kidnapping, rape, sexual
battery, gross sexual
imposition,
aggravated arson, aggravated
robbery, or aggravated
burglary.
Continued
practice after suspension shall be considered
practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails
to make a
timely request for an adjudication under
Chapter 119. of
the
Revised Code,
the board shall do whichever of the
following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not
apply, enter a final order permanently
revoking
the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the
board may order any of the
sanctions identified under division
(A)
or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or
copayments
shall be made only with the full knowledge and consent
of
the plan
purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4735.10. (A)(1) The Ohio real estate commission may
adopt reasonable rules in accordance with Chapter 119. of the
Revised Code,
necessary for implementing the provisions of this
chapter relating, but not
limited to, the following:
(a) The form and manner of filing applications for
license;
(b) Times and form of examination for license;
(c) Placing an existing broker's license on deposit or a
salesperson's license on an inactive status for an indefinite
period.
(2) The commission shall adopt reasonable rules in
accordance
with
Chapter 119. of the Revised Code, for implementing
the
provisions
of this chapter relating to the following:
(a) The issuance, renewal, suspension, and revocation of
licenses, other sanctions that may be imposed for violations of
this
chapter,
the conduct of hearings related to these actions,
and the
process of reactivating a license;
(b)
By not later than January 1, 2004, a three-year license
and a three-year license renewal system;
(c) Standards for the approval of courses of study
required
for licenses, or offered in preparation for license
examinations,
or required as continuing education for licenses. The rules
shall
specify that no standard for the approval of
a course of study
required as continuing education for licensees shall require
that
licensees pass an examination as a condition for the successful
completion of a continuing education requirement. A person
providing a
continuing education course may administer
examinations for the purpose of
evaluating the effectiveness of
the course.
(d) Guidelines to ensure that continuing education
classes
are open to all persons licensed under this
chapter. The
rules
shall
specify that an organization that sponsors a
continuing
education class may offer its members a reasonable
reduction in
the fees charged for the class.
(e) Requirements for trust accounts and property
management
accounts. The rules shall specify that:
(i) Brokerages engaged in the management of
property for
another may, pursuant to a written contract with
the property
owner, exercise signatory authority for withdrawals
from property
management accounts maintained in the name of the
property owner.
The exercise of authority for withdrawals does
not constitute a
violation of any provision of division
(A) of section 4735.18 of
the
Revised
Code.
(ii) The interest earned on property management
trust
accounts maintained in the name of the property owner or the
broker
shall be payable to the property owner unless otherwise
specified in a written
contract.
(f) Notice of
renewal forms and filing
deadlines;
(g) Special assessments under division (A) of section
4735.12
of the Revised Code.
(B) The commission may adopt rules in accordance with
Chapter
119. of the
Revised Code establishing standards and
guidelines
with which the superintendent of real estate shall
comply in the
exercise of the following powers:
(1) Appointment and recommendation of ancillary trustees
under section
4735.05 of the Revised Code;
(2) Rejection of names proposed to be used by
partnerships,
associations, limited liability companies, limited
liability
partnerships, and corporations, under division (A)
of section
4735.06 of the Revised Code;
(3) Acceptance and rejection of applications to take the
broker and salesperson examinations and licensure, with
appropriate waivers pursuant
to division (E) of section 4735.07
and section 4735.09 of
the Revised Code;
(4) Approval of applications of brokers to place their
licenses on deposit and to become salespersons under
section
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09
of
the Revised Code;
(6) Acceptance and rejection of applications to take the
foreign real estate dealer and salesperson examinations and
licensure, with waiver of examination, under sections 4735.27 and
4735.28 of
the Revised Code;
(7) Qualification of foreign real estate under section
4735.25 of the Revised Code.
If at any time there is no rule in effect establishing a
guideline or standard required by this division, the
superintendent may adopt a rule in accordance with Chapter
119. of
the Revised Code for such purpose.
(C) The commission or superintendent may hear testimony in
matters relating to the duties imposed upon them, and the
president of the commission and superintendent may administer
oaths. The commission or superintendent may require other proof
of
the honesty, truthfulness, and good reputation of any person
named
in an application for a real estate broker's or real
estate
salesperson's license before admitting the applicant to the
examination or
issuing a license.
Sec. 4735.141. (A) Except as otherwise provided in this
division, each person licensed under section 4735.07 or 4735.09 of
the Revised
Code shall submit proof satisfactory to the
superintendent of real estate that
the licensee has satisfactorily
completed thirty hours of
continuing education, as prescribed by
the Ohio real estate commission
pursuant to section 4735.10 of the
Revised Code, on or before the licensee's
birthday occurring three
years after the licensee's date of initial licensure,
and on or
before the licensee's birthday every three years thereafter.
Persons licensed
as real estate salespersons who subsequently
become licensed real
estate brokers shall continue to submit proof
of continuing
education in accordance with the time period
established in this section.
The requirements of this section
shall not apply to
any
physically handicapped licensee as provided in division (E) of
this
section.
Each licensee who is seventy years of age or older, within a
continuing education reporting period, shall submit
proof
satisfactory to the superintendent of real estate
that the
licensee has satisfactorily
completed a total of nine
classroom
hours of continuing education, including instruction in
Ohio real
estate law; recently enacted state
and federal laws affecting the
real estate industry; municipal,
state, and
federal civil rights
law; and canons of ethics for the real estate industry as
adopted
by the commission. The required proof of completion shall be
submitted on or before the licensee's birthday that falls in the
third year of that continuing education reporting period. A
licensee who is seventy years of age or
older whose license is in
an inactive status is exempt from the
continuing
education
requirements specified in this section. The
commission
shall adopt
reasonable rules in
accordance with Chapter
119. of the Revised
Code
to carry out the purposes of this
paragraph.
A person providing any course of continuing education may
administer examinations to licensees for the purpose of
evaluating
the effectiveness of the course, but passage of an
examination by
a licensee shall not be a condition for successful
completion of
the continuing education requirements of this
section.
(B) The continuing education requirements of this section
shall be completed in schools, seminars, and educational
institutions approved by the commission. Such approval shall be
given according to rules established by the commission under the
procedures of Chapter 119. of the Revised Code, and shall not be
limited to institutions providing two-year or four-year degrees.
Each school, seminar, or educational institution approved under
this division shall be open to all licensees on an equal basis.
(C) If the requirements of this section are not met by a
licensee within the period specified, the licensee's license shall
be suspended automatically without the taking of any action by the
superintendent. The superintendent shall notify the licensee of
the license suspension. Any license so suspended shall
remain
suspended until it is reactivated by the
superintendent.
No such
license shall be reactivated until it is
established, to
the
satisfaction of the superintendent, that the requirements of
this
section have been met. If the requirements of this section
are
not
met within twelve months from the date the
license
was
suspended,
the license shall be revoked automatically without the
taking of
any action by the superintendent.
(D) If the license of a real estate broker is suspended
pursuant to division (C) of this section, the license of a
real
estate salesperson associated with that broker
correspondingly is
suspended pursuant to division
(H) of section 4735.20 of the
Revised Code. However, the suspended license of the associated
real estate salesperson shall be reactivated and no
fee
shall be
charged or collected for that reactivation if all
of
the
following
occur:
(1) That broker subsequently submits proof to the
superintendent that the broker has complied with the requirements
of
this section and requests that the broker's license as a real
estate
broker be reactivated.
(2) The superintendent then reactivates the broker's
license
as a
real estate broker.
(3) The associated real estate salesperson intends to
continue to be associated with that broker, has complied with the
requirements of this section, and otherwise is in compliance with
this chapter.
Any person whose license is reactivated pursuant to this
division
shall submit proof satisfactory to the superintendent
that the
person has completed thirty hours of continuing
education, as
prescribed by the Ohio real estate commission, on or
before the
third year following the licensee's birthday occurring
immediately after
reactivation.
(E) Any licensee who is a physically handicapped licensee
at
any time during the last three months of the third year of the
licensee's
continuing education reporting period may receive an
extension of
time to submit proof to the superintendent that the
licensee has
satisfactorily completed the required thirty hours of
continuing
education. To receive an extension of time, the
licensee shall
submit a request to the division of real estate for
the extension
and proof satisfactory to the commission that the
licensee was a physically
handicapped licensee at some time during
the last three months of
the three-year reporting period. The
proof shall include, but is
not limited to, a signed statement by
the licensee's attending
physician describing the physical
disability, certifying that the
licensee's disability is of such a
nature as to prevent the licensee from
attending any instruction
lasting at least three hours
in duration, and stating the expected
duration of the physical
disability. The licensee shall request
the extension and provide
the physician's statement to the
division no later than one month
prior to the end of the
licensee's three-year continuing
education reporting period,
unless the physical disability did
not arise until the last month
of the three-year reporting
period, in which event the licensee
shall request the extension
and provide the physician's statement
as soon as practical after
the occurrence of the physical
disability. A licensee granted an
extension pursuant to this
division who is no longer a physically
handicapped licensee and
who submits proof of completion of the
continuing education during
the extension period, shall submit,
for future continuing
education reporting periods, proof of
completion of the continuing
education requirements according to
the schedule established in
division (A) of this section.
Sec. 4736.01. As used in this chapter:
(A) "Environmental health science" means the aspect of
public
health science that includes, but is not limited to, the
following
bodies of knowledge: air quality, food quality and
protection,
hazardous and toxic substances, consumer product
safety, housing,
institutional health and safety, community noise
control,
radiation protection, recreational facilities, solid and
liquid
waste management, vector control, drinking water quality,
milk
sanitation, and rabies control.
(B) "Sanitarian" means a person who performs for
compensation
educational, investigational, technical, or
administrative duties
requiring specialized knowledge and skills
in the field of
environmental health science.
(C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with this chapter.
(D) "Sanitarian-in-training" means a person who is
registered
as a sanitarian-in-training in accordance with this chapter.
(E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
environmental protection agency, the department of
health, or
the
department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following:
(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or
3733. of the
Revised Code;
(2) Chapter 3734. of the Revised Code as it pertains to
solid
waste;
(3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.38 to 3707.99, or section 3715.21
of the Revised
Code;
(4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools;
(5) Rules adopted under section 3701.935 of the Revised Code
for school health and safety network inspections and rules adopted
under section 3707.26 of the Revised Code for sanitary
inspections.
"Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian.
The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Sec. 4743.05. Except as otherwise provided in
sections
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all
money
collected
under
Chapters 3773., 4701., 4703., 4709., 4713.,
4715.,
4717.,
4723.,
4725.,
4729., 4732., 4733., 4734., 4736.,
4741.,
4753.,
4755.,
4757.,
4758., 4759., 4761., 4766., 4771.,
4775., 4779., and 4781.
of the Revised Code
shall
be paid into the
state treasury to the
credit
of the
occupational
licensing and
regulatory fund, which is
hereby
created for use in
administering
such chapters.
At the end of each quarter, the director of budget and
management shall
transfer
from the occupational licensing and
regulatory fund to the nurse
education assistance fund created in
section 3333.28
of the Revised Code the amount certified to the
director
under division (B) of section 4723.08 of the Revised
Code.
At
the end of
each quarter, the director shall transfer
from
the
occupational licensing and regulatory fund to the
certified
public
accountant education assistance fund created in
section
4701.26 of
the Revised Code the amount certified to the
director
under
division
(H)(2) of section 4701.10 of the Revised
Code.
Sec. 4755.03. All Except as provided in section 4755.99 of
the Revised Code, all fees and fines collected and assessed under
this chapter by
the appropriate section of the Ohio occupational
therapy, physical therapy, and athletic trainers board,
shall be
deposited into the state treasury to the credit of the
occupational
licensing and regulatory fund.
Sec. 4766.05. (A) The Ohio
medical
transportation board
shall establish by rule a license fee, a
permit
fee for each
ambulance, ambulette, rotorcraft air
ambulance,
fixed wing air
ambulance, and nontransport vehicle
owned
or
leased
by the
licensee that is or will be used as
provided in
section
4766.07
of
the Revised Code, and fees for
renewals of
licenses and
permits,
taking into consideration the
actual costs
incurred by
the board
in carrying out its duties
under this
chapter.
However,
the fee
for each license and each
renewal of a
license
shall not
exceed
one hundred dollars, and the
fee for each
permit and each
renewal
of a permit shall not exceed
one
hundred
dollars for each
ambulance, rotorcraft air ambulance,
fixed wing
air ambulance, and
nontransport vehicle.
The fee for
each
permit
and each renewal of
a permit shall be twenty-five
dollars
for each
ambulette for one
year after the effective date
of this
amendment March 9, 2004.
Thereafter, the
board shall determine by rule
the fee, which shall
not exceed fifty dollars,
for each
permit and
each
renewal of a
permit for each
ambulette. For
purposes
of
establishing fees,
"actual costs"
includes the costs
of
salaries,
expenses,
inspection equipment,
supervision, and
program
administration.
(B) The board shall deposit all fees and other moneys
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of
the Revised Code in the state treasury to the credit of the
Ohio
medical transportation trust occupational licensing and regulatory
fund, which
is hereby
created by section 4743.05 of the Revised
Code. All
moneys from the fund shall be used solely
for the
salaries and
expenses of the board incurred in
implementing and
enforcing this
chapter.
(C) The board, subject to the approval of the controlling
board,
may establish fees in excess of the maximum amounts allowed
under division
(A) of this section, but such fees shall not exceed
those maximum
amounts by more than fifty per cent.
Sec. 4766.22. (A) Not later than forty-five days after the
end of each fiscal year, the Ohio medical transportation board
shall submit a report to the governor and general assembly that
provides all of the following information for that fiscal year:
(1) The number of each of the following the board issued:
(a) Basic life-support organization licenses;
(b) Intermediate life-support organization licenses;
(c) Advanced life-support organization licenses;
(d) Mobile intensive care unit organization licenses;
(e) Ambulette service licenses;
(f) Air medical service organization licenses;
(h) Nontransport vehicle permits;
(i) Ambulette vehicle permits;
(j) Rotorcraft air ambulance permits;
(k) Fixed wing air ambulance permits.
(2) The amount of fees the board collected for issuing and
renewing each type of license and permit specified in division
(A)(1) of this section;
(3) The number of inspections the board or a third party on
the board's behalf conducted in connection with each type of
license and permit specified in division (A)(1) of this section
and the amount of fees the board collected for the inspections;
(4) The number of complaints that were submitted to the
board;
(5) The number of investigations the board conducted under
section 4766.11 of the Revised Code;
(6) The number of adjudication hearings the board held and
the outcomes of the adjudications;
(7) The amount of penalties the board imposed and collected
under section 4766.08 of the Revised Code;
(8) Other information the board determines reflects the
board's operations.
(B) The board shall post the annual report required by this
section on its web site and make it available to the public on
request.
Sec. 4775.08. (A)
The initial and annual renewal fee for
a
motor
vehicle collision repair registration certificate and for a
temporary
motor vehicle collision repair registration certificate
is one hundred
fifty
dollars for each business location at which
the
motor vehicle collision repair
operator conducts business as
an
operator, except that the board of motor
vehicle collision
repair
registration, with the approval of the controlling
board,
may
establish fees in excess of or less than that amount, provided
that
such fees do not exceed or are not less than that amount by
more than fifty
per cent.
The board shall adjust the fees as necessary in order to
provide for the
expenses associated with carrying out this chapter
without causing an
excessive build-up of surplus funds in the
motor vehicle collision repair
registration fund, which is hereby
created in the state treasury.
(B)
If the board has notified or attempted to notify a motor
vehicle collision repair operator that the operator is required to
be registered under this chapter, and the operator fails to
register, the initial fee for the registration of such an
unregistered operator for each business location at which the
operator conducts business as an operator, is the initial fee then
in effect plus an
additional amount equal to the initial fee then
in effect for each
calendar year that the operator is not
registered after the board
has notified or attempted to notify the
operator.
(C) The board shall deposit all fees and fines collected
under
this chapter into the motor vehicle collision repair
registration fund.
The board shall use the fund solely
for the
administration and
enforcement of this chapter occupational
licensing and regulatory fund created by section 4743.05 of the
Revised Code.
Sec. 4921.40. In accordance with section 4921.04 of the
Revised
Code, the public utilities
commission may adopt rules:
(A) Providing for
binding estimates by motor transportation
companies engaged, for
hire, in the business of transporting
household goods over a
public highway in this state;
(B) Providing for
guaranteed-not-to-exceed estimates by such
motor transportation
companies;
(C) Requiring such motor
transportation companies to include
their certificate number in
all advertising, written estimates,
and contracts related to the
transportation of household goods
in
this state;
(D) As are necessary and
proper to carry out this chapter
with respect to such motor
transportation companies;
(E) Providing for the enforcement of the consumer protection
provisions of Title 49 of the United States Code related to the
delivery and transportation of household goods in interstate
commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty
imposed as a result of such enforcement shall be deposited into
the state treasury to the credit of the general revenue fund.
Sec. 4923.26. There is hereby created in the state treasury
the federal commercial vehicle transportation systems fund. The
fund shall consist of money received from the United States
department of transportation's commercial vehicle intelligent
transportation systems infrastructure deployment program. The
public utilities commission shall use the fund to deploy the Ohio
commercial vehicle information systems networks project and to
improve safety of motor carrier operations through electronic
exchange of data by means of on-highway electronic systems.
Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410
of the Revised Code, "Title IV-E" means Title IV-E of the "Social
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.
(B) The department of job and family
services
shall act as
the single state agency to administer
federal
payments for foster
care and adoption assistance made
pursuant to
Title IV-E. The
director of job
and
family services shall adopt rules to implement
this authority.
Rules governing financial and
administrative
requirements applicable to public children
services agencies and
government entities that provide Title IV-E reimbursable placement
services to children
shall be adopted in accordance with section
111.15 of the Revised
Code, as if they were internal management
rules. Rules governing requirements applicable to private child
placing agencies and private noncustodial agencies and rules
establishing
eligibility, program participation, and
other
requirements concerning Title IV-E shall
be adopted in accordance
with Chapter
119. of the Revised Code. A public
children services
agency to
which the department distributes
Title IV-E funds shall
administer
the funds
in accordance with
those rules.
(C)(1) The county, on behalf of each child eligible
for
foster care maintenance payments under Title IV-E, shall make
payments to cover the cost of
providing
all of the following:
(a) The child's food, clothing, shelter, daily
supervision,
and school supplies;
(b) The child's personal incidentals;
(c) Reasonable travel to the child's home for visitation.
(2) In addition to payments made under division (C)(1) of
this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E, make payments
to cover
the cost of providing the
following:
(a) Liability insurance with respect to the
child;
(b) If the county is participating in the
demonstration
project established under division (A) of section
5101.142 of the
Revised Code, services provided under
the project.
(3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more certified foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group
home, or program, as necessary to provide the items
described in
divisions (C)(1) and (2) of this section.
(D) To the extent that either foster care maintenance
payments under division (C) of this section or Title IV-E
adoption
assistance payments for maintenance costs require the
expenditure
of county funds, the board of county commissioners
shall report
the nature and amount of each expenditure of county
funds to the
department.
(E) The department shall distribute to
public children
services agencies that
incur and report such expenditures of the
type described in division (D) of this section federal
financial
participation received for administrative and training
costs
incurred in the operation of foster care maintenance and
adoption
assistance programs. The department may withhold not
more than
three per cent of the federal financial
participation
received.
The funds withheld may be used only to
fund the following:
(1) The Ohio
child welfare
training program established under
section 5103.30
of the Revised Code
and the;
(2) The university partnership
program for
college and
university students majoring in social
work who have
committed to
work for a public children services
agency upon
graduation. The;
(3) Efforts supporting organizational excellence, including
voluntary activities to be accredited by a nationally recognized
accreditation organization.
The
funds
withheld shall be in addition to
any
administration
and
training cost for which the department is
reimbursed through
its
own cost allocation plan.
(F) All federal
financial participation funds received by a
county pursuant to
this section shall be deposited into the
county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(G) The department shall periodically
publish and distribute
the maximum amounts that the department
will reimburse public
children services agencies for making
payments on behalf of
children eligible for foster care maintenance payments.
(H) The department, by and through its director, is hereby
authorized to develop, participate in the development of,
negotiate, and enter
into one or more interstate compacts on
behalf of this state with agencies of
any other states, for the
provision of medical assistance and other social
services to
children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the
interstate compact
is providing adoption assistance on their
behalf.
(3) They move into this state from another state or move out
of this state
to another state.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1)
"Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised
Code.
(2)
"Disability medical assistance" means the medical
assistance program established under Chapter 5115. of the Revised
Code.
(3) "Food stamps" means the program administered by the
department
of job and family services pursuant to section 5101.54
of
the Revised Code.
(4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter.
(5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code.
(7)
"Public assistance expenditures" means expenditures for
all
of the following:
(b) County administration of
Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) Disability medical assistance;
(g) County administration of disability financial assistance;
(h) County administration of disability medical assistance;
(i) County administration of food stamps;
(j) County administration of medicaid.
(8) "Title IV-A program" has the same meaning as in section
5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter, minus the amount
calculated under division (C) of section 5111.017 of the Revised
Code for the state fiscal year ending in the previous calendar
year:
(1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and
disability medical assistance and county
administration of those
programs during the state fiscal
year
ending in
the previous
calendar year that the department of
job and
family services
determines
are allowable.
(2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps and
medicaid during the state fiscal year ending in
the
previous
calendar year that the department
determines are allowable, less
the amount of federal reimbursement credited to
the county under
division (E) of this section for the
state fiscal year ending in
the previous calendar year;
(3) A percentage of the actual amount of the
county share of
program and
administrative expenditures during
federal fiscal year
1994 for
assistance and services, other than
child care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the
enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job
and family services shall determine the actual amount of the
county share from expenditure reports submitted to the United
States department of health and human services. The percentage
shall be the percentage established in rules adopted under
division (F) of this section.
(C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to section 5101.163 of the Revised Code and a sanction
under section 5101.24 of the Revised
Code. An increase made
pursuant to section 5101.163 of the Revised Code may cause the
county's share to exceed the limit established by division (C)(1)
of this section.
(D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the
per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development.
(2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau.
(3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows:
(a) Multiply ten by the fraction determined
under
division
(D)(1) of this section;
(b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section.
(4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used.
(E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
and medicaid that the
department
determines are allowable administrative
expenditures.
(F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following:
(a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section;
(b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section;
(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division
(B)(3) of this section, which shall, except as provided in section
5101.163 of the Revised Code, meet both of the following
requirements:
(i) The percentage shall not be less than seventy-five per
cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the
state's qualified state expenditures is of the state's historic
state expenditures as those terms are defined in 42 U.S.C.
609(a)(7).
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the
rule adopted under division (F)(1)(d) of this section to modify
the percentage on determination that the amount the general
assembly appropriates for Title IV-A programs makes the
modification necessary. The rule shall be adopted and amended as
if an internal management rule and in consultation with the
director of budget and management.
Sec. 5101.162. Subject to available federal funds and
appropriations made by the general assembly, the department of job
and family services
may, at its sole discretion,
use available
federal funds to reimburse county expenditures for
county
administration of food stamps or medicaid even though the
county
expenditures meet or exceed the maximum allowable reimbursement
amount established by rules adopted under section 5101.161 of the
Revised Code
if the board
of county commissioners has entered
into
a
fiscal agreement with the director of job and family
services
under section 5101.21 of the Revised Code. The
director
may adopt
internal management rules in accordance with section
111.15 of the
Revised
Code to implement this section.
Sec. 5101.21. (A) As used in this section, "county signer
sections 5101.21 to 5101.212 of the Revised Code:
(1) "County grantee" means all of the following:
(1)(a) A board of county commissioners;
(2)(b) A county children services board appointed under
section 5153.03 of the Revised Code if required by division (B) of
this section to enter into a fiscal agreement;
(3)(c) A county elected official that is a child support
enforcement agency if required by division (B) of this section to
enter into a fiscal agreement.
(2) "County subgrant" means a grant that a county grantee
awards to another entity.
(3) "County subgrant agreement" means an agreement between a
county grantee and another entity under which the county grantee
awards the other entity one or more county subgrants.
(4) "Fiscal biennial period" means a two-year period
beginning on the first day of July of an odd-numbered year and
ending on the last day of June of the next odd-numbered year.
(5) "Grant" means an award for one or more family services
duties of federal financial assistance that a federal agency
provides in the form of money, or property in lieu of money, to
the department of job and family services and that the department
awards to a county grantee. "Grant" may include state funds the
department awards to a county grantee to match the federal
financial assistance. "Grant" does not mean either of the
following:
(a) Technical assistance that provides services instead of
money;
(b) Other assistance provided in the form of revenue sharing,
loans, loan guarantees, interest subsidies, or insurance.
(6) "Grant agreement" means an agreement between the
department of job and family services and a county grantee under
which the department awards the county grantee one or more grants.
(B) The Effective July 1, 2008, the director of job and
family services may award grants to counties only through grant
agreements entered into under this section.
(C) The director shall enter
into one or more written fiscal
grant agreements with boards of the county commissioners under
which financial assistance is awarded for family services duties
included in the agreements grantees of each county. Boards of
county commissioners shall select which family services duties to
include in a fiscal agreement. If a board of county commissioners
elects to include family services duties of a public children
services agency and a county children services board appointed
under section 5153.03 of the Revised Code serves as the county's
public children services agency, the board of county commissioners
and county children services board shall jointly enter into the
fiscal agreement with the director. If a board of county
commissioners elects to include family services duties of a child
support enforcement agency and the entity designated under former
section 2301.35 of the Revised Code prior to October 1, 1997, or
designated under section 307.981 of the Revised Code as the
county's child support enforcement agency is an elected official
of the county, the board of county commissioners and county
elected official If a county has multiple county grantees, the
director shall jointly enter into the fiscal grant agreement with
the director all of the county grantees. The initial grant
agreement shall be entered into not later than January 31, 2008,
and shall be in effect for fiscal year 2009. Except as provided in
rules adopted under this section, subsequent grant agreements
shall be entered into before the first day of each successive
fiscal biennial period and shall be in effect for that fiscal
biennial period or, in the case of a grant agreement entered into
after the first day of a fiscal biennial period and except as
provided by section 5101.211 of the Revised Code, for the
remainder of the fiscal biennial period. A fiscal grant agreement
shall do all of the following:
(1) Comply with all of the conditions, requirements, and
restrictions applicable to the family services duties for which
the grants included in the agreement are awarded, including the
conditions, requirements, and restrictions established by the
department, federal or state law, state plans for receipt of
federal financial participation, agreements between the department
and a federal agency, and executive orders issued by the governor;
(2) Establish terms and conditions governing the
accountability for and use of the grants included in the grant
agreement;
(3) Specify the both of the following:
(a) The family services duties included in the agreement and
the for which the grants included in the agreement are awarded;
(b) The private and government entities designated under
section 307.981 of the Revised Code to serve as the county family
services agencies performing the family services duties;
(2)(4) Provide for the department of job and family services
to award financial assistance for the family services duties
grants included in the agreement in accordance with a methodology
for determining the amount of the award established by rules
adopted under division (D) of this section;
(3)(5) Specify the form of the award of financial assistance
grants which may be an allocation, a cash draw, reimbursement,
property, advance, working capital advance, or, to the extent
authorized by an appropriation made by the general assembly and to
the extent practicable and not in conflict with a federal or state
law, a consolidated funding allocation for two or more family
services duties included in the agreement other forms specified in
rules adopted under this section;
(4)(6) Provide that the award of financial assistance is
grants are subject to the availability of federal funds and
appropriations made by the general assembly;
(5)(7) Specify annual financial, administrative, or other
incentive
awards, if any, to be provided in accordance with
section
5101.23 of the Revised
Code;
(6)(8) Include the assurance of each county signer grantee
that the county signer grantee will do all of the following:
(a) Ensure that the financial assistance awarded under grants
included in the agreement is are used, and the family services
duties included in for which the agreement grants are awarded are
performed, in accordance with conditions, requirements for, and
restrictions applicable to the duties established by the
department, a federal or state law, or any of the following that
concern the family services duties included in the fiscal
agreement and are published under section 5101.212 of the Revised
Code: state plans for receipt of federal financial participation,
grant agreements between the department and a federal agency, and
executive orders issued by the governor;
(b) Ensure that the board and county family services agencies
utilize Utilize a financial management system and other
accountability mechanisms for the financial assistance grants
awarded under the agreement that meet requirements the department
establishes;
(c) Require the county family services agencies to do both Do
all of the following with regard to a county subgrant:
(i) Award the subgrant through a written county subgrant
agreement that requires the entity awarded the county subgrant to
comply with all conditions, requirements, and restrictions
applicable to the county grantee regarding the grant that the
county grantee subgrants to the entity, including the conditions,
requirements, and restrictions of this section;
(ii) Monitor all private and government entities the entity
that receive a payment from financial assistance is awarded under
the agreement subgrant to ensure that each the entity uses the
payment subgrant in accordance with conditions, requirements for,
and restrictions applicable to the family services duties included
in for which the agreement subgrant is awarded;
(ii)(iii) Take action to recover payments subgrants that are
not used in accordance with the conditions, requirements for, or
restrictions applicable to the family services duties included in
for which the agreement subgrant is awarded.
(d) Require county family services agencies to promptly
Promptly reimburse the department the amount that represents the
amount an agency the county grantee is responsible for, pursuant
to action the department takes under division (C) of section
5101.24 of the Revised Code, of funds the department pays to any
entity because of an adverse audit finding, adverse quality
control finding, final disallowance of federal financial
participation, or other sanction or penalty;
(e) Require county family services agencies to take Take
prompt corrective action, including paying amounts resulting from
an adverse finding, sanction, or penalty, if the department,
auditor of state, federal agency, or other entity authorized by
federal or state law to determine compliance with the conditions,
requirements for, and restrictions applicable to a family services
duty for which a grant included in the agreement is awarded
determines compliance has not been achieved;
(f) Ensure that any matching funds, regardless of the source,
that the county grantee manages are clearly identified and used in
accordance with federal and state laws and the agreement.
(7)(9) Provide for the department taking action pursuant to
division
(C) of section 5101.24 of the Revised Code if authorized
by division
(B)(1), (2), (3), or (4) of
that
section;
(8)(10)
Provide for timely audits required by federal
and
state
law and require prompt release of audit
findings and prompt
action
to correct problems identified in an
audit;
(9) Comply with all of the requirements for the family
services duties that are included in the agreement and have been
established by the department, federal or state law, or any of the
following that concern the family services duties included in the
fiscal agreement and are published under section 5101.212 of the
Revised Code: state plans for receipt of federal financial
participation, grant agreements between the department and a
federal agency, and executive orders issued by the governor;
(10)(11) Provide for dispute resolution administrative review
procedures in accordance with section 5101.24 of the Revised Code;
(11)(12) Establish the method of amending or terminating the
agreement
and an expedited process for correcting terms or
conditions of
the agreement that the director and each county
signer grantee agree
are
erroneous;
(12) Except as provided in rules adopted under division (D)
of this section, begin on the first day of July of an odd-numbered
year and end on the last day of June of the next odd-numbered
year.
(C)(D) A grant agreement does not have to be amended for a
county grantee to be required to comply with a new or amended
condition, requirement, or restriction for a family services duty
established by federal or state law, state plan for receipt of
federal financial participation, agreement between the department
and a federal agency, or executive order issued by the governor.
(E) The department
shall make payments authorized by a fiscal
grant agreement on vouchers it
prepares and may
include any funds
appropriated or allocated to it for carrying
out family services
duties for which a grant included in the agreement is awarded,
including funds for personal
services and maintenance.
(D)(F)(1) The director shall adopt rules in accordance with
section 111.15 of the Revised Code governing fiscal grant
agreements. The director shall adopt the rules as if they were
internal management rules. Before adopting the rules, the director
shall give the public an opportunity to review and comment on the
proposed rules. The rules shall establish methodologies to be used
to determine the amount of financial assistance to be awarded
under the grants included in the agreements. The rules also shall
establish terms and conditions under which an agreement may be
entered into after the first day of July of an odd-numbered year a
fiscal biennial period. The rules may do any or all of the
following:
(a) Govern the award of grants included in grant agreements,
including the establishment of
allocations, and restrictions on,
the form of the grants and the distribution of the grants;
(b) Specify allowable uses of financial assistance awarded
under the grants included in the agreements;
(c) Establish reporting, cash management, audit, and other
requirements the director determines are necessary to provide
accountability for the use of financial assistance awarded under
the grants included in the agreements and determine compliance
with conditions, requirements, and restrictions established by the
department, a federal or state law, or any of the following that
concern the family services duties included in the agreements and
are published under section 5101.212 of the Revised Code: state
plans for receipt of federal financial participation, grant
agreements between the department and a federal entity agency, and
executive orders issued by the governor.
(2) A requirement of a fiscal grant agreement established by
a rule adopted under this division is applicable to a fiscal grant
agreement without having to be restated in the fiscal grant
agreement. A requirement established by a grant agreement is
applicable to the grant agreement without having to be restated in
a rule.
Sec. 5101.211. (A) Except as provided in division (B) of
this section, the The director of job and family services may
provide for a fiscal grant agreement entered into under section
5101.21 of the Revised Code to have a retroactive effective date
of the first day of July of an odd-numbered year if both of the
following are the case:
(1)(A) The agreement is entered into after that date and
before the last day of that July.
(2)(B) The board of county commissioners requests the
retroactive effective date and provides the director good cause
satisfactory to the director for the reason the agreement was not
entered into on or before the first day of that July.
(B) The director may provide for a fiscal agreement to have a
retroactive effective date of July 1, 2003, if both of the
following are the case:
(1) The agreement is entered into after July 1, 2003, and
before August 29, 2003.
(2) The board of county commissioners requests the
retroactive effective date.
Sec. 5101.212. The department of job and family services
shall publish in a manner accessible to the public all of the
following that concern family services duties for which grants
included in fiscal grant agreements entered into under section
5101.21 of the Revised Code are awarded: state plans for receipt
of federal financial participation, grant agreements between the
department and a federal agency, and executive orders issued by
the governor. The department may publish the materials
electronically or otherwise.
Sec. 5101.213. (A) Except as provided in section 5101.211 of
the Revised Code, if a fiscal agreement under section 5101.21 of
the Revised Code between the director of job and family services
and a board of county commissioners is not in effect Until July 1,
2008, all of the following apply:
(1) The For each board of county commissioners, the
department of job and family services shall award to the county
the board serves financial assistance for family services duties
in accordance with a methodology for determining the amount of the
award established by rules adopted under division (B) of this
section.
(2) The financial assistance may be provided in the form of
allocations, cash draws, reimbursements, and property but may not
be made in the form of a consolidated funding allocation.
(3) The award of the financial assistance is subject to the
availability of federal funds and appropriations made by the
general assembly.
(4) The county family services agencies performing the family
services duties for which the financial assistance is awarded
shall do all of the following:
(a) Use the financial assistance, and perform the family
services duties, in accordance with requirements for the duties
established by the department, a federal or state law, or any of
the following that concern the duties: state plans for receipt of
federal financial participation, grant agreements between the
department and a federal agency, and executive orders issued by
the governor;
(b) Utilize a financial management system and other
accountability mechanisms for the financial assistance that meet
requirements the department establishes;
(c) Monitor all private and government entities that receive
a payment from the financial assistance to ensure that each entity
uses the payment in accordance with requirements for the family
services duties and take action to recover payments that are not
used in accordance with the requirements for the family services
duties;
(d) Promptly reimburse the department the amount that
represents the amount an agency is responsible for, pursuant to
action the department takes under division (C) of section 5101.24
of the Revised Code, of funds the department pays to any entity
because of an adverse audit finding, adverse quality control
finding, final disallowance of federal financial participation, or
other sanction or penalty;
(e) Take prompt corrective action, including paying amounts
resulting from an adverse finding, sanction, or penalty, if the
department, auditor of state, federal agency, or other entity
authorized by federal or state law to determine compliance with
requirements for a family services duty determines compliance has
not been achieved.
(B) The director shall adopt rules in accordance with section
111.15 of the Revised Code as necessary to implement this section.
The director shall adopt the rules as if they were internal
management rules. Before adopting the rules, the director shall
give the public an opportunity to review and comment on the
proposed rules. The rules shall establish methodologies to be used
to determine the amount of financial assistance to be awarded and
may do any or all of the following:
(1) Govern the establishment of funding allocations;
(2) Specify allowable uses of financial assistance the
department awards under this section;
(3) Establish reporting, cash management, audit, and other
requirements the director determines are necessary to provide
accountability for the use of the financial assistance and
determine compliance with requirements established by the
department, a federal or state law, or any of the following that
concern the family services duties for which the financial
assistance is awarded: state plans for receipt of federal
financial participation, grant agreements between the department
and a federal entity, and executive orders issued by the governor.
Sec. 5101.24. (A) As used in this section, "responsible
entity county grantee" means a board of county
commissioners or
a
county family services agency, whichever county grantee, as
defined in section 5101.21 of the Revised Code, the director of
job and family services determines is appropriate to take action
against under division (C) of this section.
(B) Regardless of whether a family services duty is performed
by a county family services agency, private or government entity
pursuant to a contract entered into under section 307.982 of the
Revised Code or division (C)(2) of section 5153.16 of the Revised
Code, or private or government provider of a family service duty,
the department of job and family services
may
take action under
division (C) of this section against the responsible
entity county
grantee if the department determines
any of the following are the
case:
(1) A requirement of a fiscal grant agreement entered into
under section 5101.21 of the Revised Code that includes a grant
for the family services duty, including a requirement for fiscal
grant agreements established by rules adopted under that section,
is not complied with;
(2) A county family services agency fails to develop, submit
to the department, or comply with a corrective action plan under
division (B) of section 5101.221 of the Revised Code, or the
department disapproves the agency's corrective action plan
developed under division (B) of section 5101.221 of the Revised
Code;
(3) A requirement for the family services duty
established by
the department or any of the following is not complied with: a
federal or state law, state plan for receipt of federal financial
participation, grant agreement between the department and a
federal agency, or executive order issued by the governor;
(4) The responsible entity county grantee is solely or
partially responsible, as determined by the director of job and
family services, for an adverse audit finding, adverse
quality
control finding,
final disallowance of federal financial
participation, or other
sanction or penalty regarding the family
services duty.
(C) The
department may take one or more of the
following
actions against the
responsible entity county grantee when
authorized by
division (B)(1), (2), (3), or (4) of
this section:
(1) Require the responsible entity county grantee to
comply
with a
corrective action plan pursuant to a time schedule
specified by
the department. The corrective action plan shall be
established or approved by the department and shall not require a
county family services agency grantee to commit resources to the
plan.
(2) Require the responsible entity county grantee to comply
with a corrective action plan pursuant to a time schedule
specified by the department. The corrective action plan shall be
established or approved by the department and require a county
family services agency grantee to commit to the plan existing
resources identified by the agency.
(3) Require the responsible entity county grantee to do one
of the following:
(a) Share with the department a final disallowance of federal
financial participation or other sanction or penalty;
(b) Reimburse the department the final amount the department
pays to
the federal government or another entity that represents
the amount the responsible entity
county grantee is responsible
for of
an adverse audit finding, adverse quality control finding,
final disallowance of
federal financial participation, or other
sanction or penalty
issued by the federal government, auditor of
state, or other entity;
(c) Pay the federal government or another entity the final
amount that
represents the amount the responsible entity county
grantee is responsible for of an adverse
audit finding, adverse
quality control finding, final disallowance of federal
financial
participation, or other sanction or penalty issued by
the federal
government, auditor of state, or other entity;
(d) Pay the department the final amount that represents the
amount the responsible entity county grantee is responsible for of
an adverse audit finding or adverse quality control finding.
(4) Impose an administrative sanction issued by the
department against
the responsible entity county grantee. A
sanction may be
increased if the department has previously taken
action against
the responsible entity under this division.
(5) Perform, or contract
with a government or private entity
for the entity to perform, the family
services duty until
the
department is satisfied that the responsible entity
county grantee
ensures that the duty will be performed satisfactorily.
If the
department
performs or contracts with an entity to perform a
family services duty under division
(C)(5) of this section, the
department may do either or both of the following:
(a) Spend funds in the county treasury appropriated by the
board of county commissioners
for the duty;
(b) Withhold funds allocated or reimbursements due to the
responsible entity county grantee for the
duty and spend the funds
for the duty.
(6) Request that the attorney general bring mandamus
proceedings to compel the responsible entity county grantee to
take or
cease the action
that causes division (B)(1),
(2), (3), or
(4) of this section to apply. The
attorney general shall bring
mandamus proceedings in the
Franklin county court of
appeals at
the department's request.
(7) If the department takes action under this division
because of division (B)(3) of this section, temporarily withhold
funds allocated or reimbursement due to the responsible entity
county grantee until the department determines that the
responsible entity county grantee is in compliance with the
requirement. The department shall release the funds when the
department determines that compliance has been achieved.
(D) If the department
proposes to take action against
the
responsible entity county grantee under division (C) of this
section, the department shall notify the responsible entity county
grantee, director of the appropriate county family services
agency, and county
auditor.
The notice shall be in writing and
specify the action the department proposes to take. The department
shall send the notice by regular United States mail.
Except as provided by division (E) of this section, the
responsible entity county grantee may request
an
administrative
review of a proposed action in accordance with administrative
review procedures the department shall establish. The
administrative review procedures shall comply with all of the
following:
(1) A request for an administrative review shall state
specifically all of the following:
(a) The proposed action specified in the notice from the
department for which the review is requested;
(b) The reason why the responsible entity county grantee
believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity
county grantee wants the department to consider;
(d) The name of the person who will serve as the responsible
entity's county grantee's representative in the review.
(2) If the department's notice specifies more than one
proposed action and the responsible entity county grantee does not
specify all of the proposed actions in its request pursuant to
division (D)(1)(a) of this section, the proposed actions not
specified in the request shall not be subject to administrative
review and the parts of the notice regarding those proposed
actions shall be final and binding on the responsible entity
county grantee.
(3) In the case of a proposed action under division (C)(1) of
this section, the responsible entity county grantee shall have
fifteen calendar days after the department mails the notice
to the
responsible entity county grantee to send a written request to the
department for an administrative review. If it receives such a
request within the required time, the department shall postpone
taking action under division (C)(1) of this section for fifteen
calendar
days following the day it receives the request or
extended period of time provided for in division (D)(5) of this
section to allow a representative of the department and a
representative of the
responsible entity
county grantee an
informal opportunity to resolve any dispute during that
fifteen-day or extended period.
(4) In the case of a proposed action under division (C)(2),
(3), (4), (5), or (7) of
this section, the responsible entity
county grantee shall have thirty calendar days after the
department mails the
notice to the responsible entity county
grantee to send a written request to the department for an
administrative review. If it receives such a request within the
required time, the department shall postpone taking action under
division (C)(2), (3), (4), (5), or (7) of this section for thirty
calendar days following the day it receives the request or
extended period of time provided for in division (D)(5) of this
section to allow a representative of the department and a
representative of the responsible entity
county grantee an
informal opportunity to resolve any dispute during that thirty-day
or extended period.
(5) If the informal opportunity provided in division (D)(3)
or (4) of this section does not result in a written resolution to
the dispute within the fifteen- or thirty-day period, the director
of job and family services and representative of the responsible
entity county grantee may enter into a written agreement extending
the time period for attempting an informal resolution of the
dispute under division (D)(3) or (4) of this section.
(6)
In the case of a proposed action under division (C)(3) of
this section, the responsible entity county grantee may not
include in its request disputes over a finding, final disallowance
of federal financial participation, or other sanction or penalty
issued by the federal government, auditor of state, or entity
other than the department.
(7) If the responsible entity county grantee fails to request
an administrative review within the required time, the responsible
entity county grantee loses the right to request an administrative
review of the proposed actions specified in the notice and the
notice becomes final and binding on the responsible entity county
grantee.
(8) If the informal opportunity provided in division (D)(3)
or (4) of this section does not result in a written resolution to
the dispute within the time provided by division (D)(3), (4), or
(5) of this section, the director shall appoint an administrative
review panel to conduct the administrative review. The review
panel shall consist of department employees and one director or
other representative of the type of county family services agency
that is responsible for the kind of family services duty that is
the subject of the dispute and serves a different county than the
county served by the responsible entity county grantee. No
individual involved in the department's proposal to take action
against the responsible entity county grantee may serve on the
review panel. The review panel shall review the responsible
entity's county grantee's request. The review panel may require
that the department or responsible entity county grantee submit
additional information and schedule and conduct an informal
hearing to obtain testimony or additional evidence. A review of a
proposal to take action under division (C)(3) of this section
shall be limited solely to the issue of the amount the responsible
entity county grantee shall share with the department, reimburse
the department, or pay to the federal government, department, or
other entity under division (C)(3) of this section. The review
panel is not required to make a stenographic record of its hearing
or other proceedings.
(9) After finishing an administrative review, an
administrative review panel appointed under division (D)(8) of
this section shall submit a written report to the director setting
forth its findings of fact, conclusions of law, and
recommendations for action. The director may approve, modify, or
disapprove the recommendations. If the director modifies or
disapproves the recommendations, the director shall state the
reasons for the modification or disapproval and the actions to be
taken against the responsible entity county grantee.
(10) The director's approval, modification, or disapproval
under division (D)(9) of this section shall be final and binding
on the responsible entity county grantee and shall not be subject
to further departmental review.
(E) The responsible entity county grantee is not entitled to
an administrative review under division (D) of this section for
any of the following:
(1) An action taken under division (C)(6) of this section;
(2) An action taken under section 5101.242 of the Revised
Code;
(3) An action taken under division (C)(3) of this section if
the federal government, auditor of state, or entity other than the
department has identified the responsible county family services
agency grantee as being solely or partially responsible for an
adverse audit finding, adverse quality control finding, final
disallowance of federal financial participation, or other sanction
or penalty;
(4) An adjustment to an allocation, cash draw, advance, or
reimbursement to a responsible county family services agency
grantee that the department determines necessary for budgetary
reasons;
(5) Withholding of a cash draw or reimbursement due to
noncompliance with a reporting requirement established in rules
adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the
department takes against the responsible entity county grantee
pursuant to authority granted by another state law unless the
other state law requires the department to take the action in
accordance with this section.
(G) The director of job and family services may adopt
rules
in accordance with Chapter 119. of the Revised Code as necessary
to
implement this section.
Sec. 5101.242. The department of job and family services may
certify a claim to the attorney general under section 131.02 of
the Revised Code for the attorney general to take action under
that section against a responsible county grantee or responsible
entity to recover any funds that the department determines the
responsible county grantee or responsible entity owes the
department for actions taken under division (C)(2), (3), (4), or
(5) of section 5101.24 or 5101.241 of the Revised Code.
Sec. 5101.244. If a county family services agency submits an
expenditure report to the department of job and family services
and the department subsequently determines that a grant awarded to
a county grantee in a grant agreement entered into under section
5101.21 of the Revised Code, an allocation, advance, or
reimbursement the department makes to the a county family services
agency, or a cash draw the a county family services agency makes,
for an expenditure exceeds the allowable amount for the
expenditure grant, allocation, advance, reimbursement, or cash
draw, the department may adjust, offset, withhold, or reduce an
allocation, cash draw, advance, reimbursement, or other financial
assistance to the county grantee or county family services agency
as necessary to recover the amount of the excess grant,
allocation, advance, reimbursement, or cash draw. The department
is not required to make the adjustment, offset, withholding, or
reduction in accordance with section 5101.24 of the Revised Code.
The director of job and family services may adopt rules under
section 111.15 of the Revised Code as necessary to implement this
section. The director shall adopt the rules as if they were
internal management rules.
Sec. 5101.26. As used in this section
and in sections
5101.27 to 5101.30 of the Revised Code:
(A)
"County agency" means a county department of job and
family services or a public children services agency.
(B)
"Fugitive felon" means an individual who is fleeing to
avoid
prosecution, or custody or confinement after conviction,
under the laws of the
place from which the individual is fleeing,
for a crime or an attempt to
commit
a crime that is a felony under
the laws of the place from which the individual
is fleeing or, in
the case of New
Jersey, a high misdemeanor, regardless of
whether
the individual has departed from the individual's usual place of
residence.
(C)
"Information" means records as defined in section
149.011
of
the Revised Code, any other documents in
any format,
and data
derived from records and documents that
are generated,
acquired,
or maintained by the department of
job and family
services,
a
county agency, or an entity performing duties on
behalf of the
department or a county agency.
(D)
"Law enforcement
agency" means the state highway patrol,
an agency that employs peace officers
as defined in section 109.71
of the Revised Code, the adult
parole authority, a county
department of probation, a
prosecuting attorney, the
attorney
general, similar agencies of other states, federal
law enforcement
agencies, and postal inspectors.
"Law enforcement agency"
includes
the peace officers and other law enforcement officers
employed by
the agency.
(E)
"Medical assistance provided under a public assistance
program" means medical assistance provided under the programs
established under sections 5101.49, 5101.50 to 5101.503, and
5101.51 to 5101.5110, and 5101.52 to 5101.529, Chapters 5111. and
5115., or any other provision of the Revised Code.
(F) "Public assistance" means financial assistance, medical
assistance, or social services provided under a program
administered by the
department of job and family services or a
county agency
pursuant to Chapter 329., 5101., 5104., 5107.,
5108., 5111., or 5115. of the
Revised Code or an executive order
issued under section
107.17 of the Revised Code.
(G)
"Public assistance recipient" means an applicant for or
recipient or former recipient of public
assistance.
Sec. 5101.27. (A) Except as permitted by this section,
section 5101.272, 5101.28, or
5101.29 of the Revised Code, or the
rules
adopted under division (A) of
section 5101.30 of the Revised
Code,
or required by federal
law, no person or government entity
shall
solicit, disclose,
receive, use, or knowingly permit, or
participate in the use of
any information regarding a public
assistance recipient for any
purpose not directly connected with
the administration of a
public assistance program.
(B) To the extent
permitted by federal law, the
department of
job
and family services
and county agencies shall
do all of the
following:
(1) Release information regarding a public
assistance
recipient for
purposes directly connected to the
administration of
the program
to a government entity responsible
for administering
that public
assistance program;
(2) Provide information
regarding a public
assistance
recipient to a law enforcement
agency for the purpose
of any
investigation, prosecution, or
criminal or civil proceeding
relating to the administration of that
public assistance program;
(3) Provide, for purposes directly connected to the
administration of a program that assists needy individuals with
the costs of public utility services, information regarding a
recipient of financial assistance provided under a program
administered by the department or a county agency pursuant to
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to
5115.07 of the Revised Code to an entity administering the public
utility services program.
(C) To the extent permitted by federal law and section
1347.08 of the Revised
Code, the department and county agencies
shall provide access to
information regarding a public assistance
recipient to all of the following:
(2) The authorized representative;
(3) The legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has
written authorization that complies with section 5101.271 of the
Revised Code from the recipient.
(D) To the extent permitted by federal law and subject to
division (E) of this section, the department
and
county
agencies
may do both of the following:
(1) Release information about a public
assistance
recipient
if the recipient gives voluntary, written authorization that
complies with section 5101.271 of the Revised Code;
(2) Release information regarding a public assistance
recipient to a state, federal, or federally
assisted program that
provides cash
or in-kind assistance or
services directly to
individuals based
on need or for the purpose
of protecting
children to a
government entity responsible for
administering a
children's
protective services program.
(E) Except when the release is required by division (B), (C),
or (D)(2) of this section, the department or county agency shall
release the
information
only in accordance with the authorization.
The department or county agency shall provide, at no cost, a copy
of each written authorization to the individual who signed it.
(F) The department or county agency may release
information
under division (D) of this section concerning the receipt of
medical
assistance provided
under a public assistance program only
if all of the
following conditions are met:
(1) The release of information is for purposes directly
connected to the administration of or provision of medical
assistance provided under
a public assistance program;
(2) The information is released to persons or government
entities that are subject to standards of confidentiality and
safeguarding information substantially comparable to those
established for medical assistance provided under a public
assistance program;
(3) The department or county agency has obtained an
authorization consistent with section 5101.271 of the Revised
Code.
(G) Information concerning the receipt of medical assistance
provided under a public assistance program may be released only if
the release complies with this section and rules adopted by the
department pursuant to section 5101.30 of the Revised Code or, if
more restrictive, the Health Insurance Portability and
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by
the United States department of health and human services to
implement the act.
(H) The department of job and family services may adopt rules
defining "authorized representative" for purposes of division
(C)(2) of this section.
Sec. 5101.272. Not later than August 31, 2007, the director
of job and family services shall submit a report to the general
assembly on the costs and potential three-year cost savings
associated with participation in the federally-administered public
assistance reporting information system. If cost savings are
indicated in the report, not later than October 1, 2007, the
department of job and family services shall enter into any
necessary agreements with the United States department of health
and human services and neighboring states to join and participate
as an active member in the public assistance reporting information
system. The department may disclose information regarding a public
assistance recipient to the extent necessary to participate as an
active member in the public assistance reporting information
system.
Sec. 5101.47. (A) Except as provided in division (B) of
this
section, the director of job and family services may
accept
applications, determine eligibility, redetermine eligibility, and
perform related
administrative activities for one or more of the
following:
(1) The medicaid program established by Chapter 5111. of the
Revised Code;
(2) The children's health
insurance program parts I and, II,
and III
provided for under sections 5101.50 and, 5101.51, and
5101.52 of the Revised
Code;
(3) Publicly funded child care provided under Chapter 5104.
of the Revised Code;
(4) The food stamp program administered by the department of
job and family services pursuant to section 5101.54 of the Revised
Code;
(5) Other programs the director determines are supportive of
children, adults, or families;
(6) Other programs regarding which the director determines
administrative cost savings and efficiency may be achieved through
the department accepting applications, determining eligibility,
redetermining eligibility, or performing related administrative
activities.
(B) If federal law requires a face-to-face interview to
complete an eligibility determination for a program specified in
or pursuant to division (A) of this section, the face-to-face
interview shall not be conducted by the department of job and
family services.
(C) Subject to division (B) of this section, if the director
elects to accept applications, determine
eligibility, redetermine
eligibility, and perform related administrative activities for a
program
specified in or pursuant to division (A) of this section,
both of the following apply:
(1) An individual seeking services under the program may
apply
for the program to the director or to the entity that state
law
governing the program authorizes to accept applications for
the
program.
(2) The director is subject to federal statutes and
regulations and state statutes and rules that
require, permit, or
prohibit an action regarding accepting applications,
determining
or redetermining eligibility, and performing related
administrative
activities for the program.
(D) The director may adopt rules as necessary to implement
this
section.
Sec. 5101.50. (A) As used in this section and in sections
5101.51 5101.50 to
5101.5110 5101.529 of the Revised Code:
(1) "Children's health insurance program" means the program
authorized by Title XXI of the "Social
Security Act,"
111 Stat.
552
(1997), 42
U.S.C.A. 1397aa.
(2) "Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
(B) The director of job and family services may continue
to
operate the
children's health insurance program initially
authorized by an executive
order issued under section 107.17 of
the Revised Code as
long as federal financial participation is
available for the program. If
operated, the program shall provide
health
assistance to uninsured individuals under nineteen years of
age
with family incomes not exceeding one hundred fifty per cent
of
the federal poverty guidelines. In accordance with 42
U.S.C.A.
1397aa, the director may provide for the health assistance to
meet
the requirements of 42 U.S.C.A.
1397cc, to be provided under the
medicaid program established
under Chapter 5111. of the Revised
Code, or to be a
combination of both.
Sec. 5101.52. In accordance with federal law governing the
children's health insurance program, the director of job and
family services may submit a request for a federal waiver to the
United
States secretary of health and human services to provide,
except
as provided in section 5101.526 of the Revised Code,
health
assistance to individuals under nineteen years of age
with family incomes above two hundred per cent of the federal
poverty guidelines but not exceeding three hundred per cent of the
federal poverty guidelines. If the director submits the plan, the
director shall stipulate in the plan that the health assistance
will be available only while federal financial participation is
available for it and that health assistance shall not begin before
January 1, 2008.
Sec. 5101.521. Health assistance provided under section
5101.52 of the Revised Code shall be known as the children's
health insurance program part III.
Sec. 5101.522. If the director of job and family services
submits a waiver request to the United States secretary of health
and human services under section 5101.52 of the Revised Code and
the secretary grants the waiver, the director shall implement the
children's health insurance program part III in accordance with
the waiver. The director may adopt rules in accordance with
Chapter 119. of the Revised Code as necessary for the efficient
administration of the program, including rules that establish all
of the following:
(A) The conditions under which health assistance services
will be reimbursed;
(B) The method of reimbursement applicable to services
reimbursable under the program;
(C) The amount of reimbursement, or the method by which the
amount is to be determined, for each reimbursable service.
Sec. 5101.523. The director of job and family services may
contract with a government entity or person to perform the
director's administrative duties regarding the children's health
insurance program part III, other than the duty to submit a waiver
request to the United States secretary of health and human
services under section 5101.52 of the Revised Code and the duty to
adopt rules under section 5101.522 of the Revised Code.
Sec. 5101.524. In accordance with 42 U.S.C. 1397aa, the
director of job and family services shall provide for health
assistance under the children's health insurance program part III
to meet the requirements of 42 U.S.C. 1397cc, to be provided under
the medicaid program established under Chapter 5111. of the
Revised Code, or to be a combination of both.
Sec. 5101.525. The director of job and family services may
determine applicants' eligibility for the children's health
insurance program part III by any of the following means:
(A) Using employees of the department of job and family
services;
(B) Assigning the duty to county departments of job and
family services;
(C) Contracting with a government entity or person.
Sec. 5101.526. If the director of job and family services
determines that federal financial participation for the children's
health insurance program part III is insufficient to provide
health assistance to all the individuals the director anticipates
are eligible for the program, the director may refuse to accept
new applications for the program or may make the program's
eligibility requirements more restrictive.
Sec. 5101.527. To the extent permitted by 42 U.S.C.
1397cc(e), the director of job and family services shall require
an individual receiving health assistance under the children's
health insurance program part III to pay the following as a term
of participation in the program:
(A) A premium of not less than forty dollars per month for a
family with one individual receiving health assistance under the
program;
(B) A premium of not less than eighty dollars per month for a
family with two individuals receiving health assistance under the
program;
(C) A premium of not less than one hundred twenty dollars per
month for a family with three or more individuals receiving health
assistance under the program.
Sec. 5101.528. If the children's health insurance program
part III is not provided under the medicaid program established
under Chapter 5111. of the Revised Code, the director of job and
family services shall
establish an appeal process for individuals
aggrieved by a
decision made regarding eligibility for the
children's health
insurance program part III. The process may be
identical to,
similar to, or different from the appeal process
established by
section 5101.35 of the Revised Code.
Sec. 5101.529. A completed application for the medicaid
program under Chapter 5111. of the Revised Code shall be treated
as an application for health assistance under the children's
health insurance program part III.
Sec. 5101.5211. (A) As used in sections 5101.5211 to
5101.5216
of the Revised Code:
"Children's buy-in program" means the
program established
under sections
5101.5211 to
5101.5216 of the Revised Code.
"Countable income" has the meaning established in rules
adopted under section 5101.5215 of the Revised Code.
"Creditable coverage" has the same meaning as in 42 U.S.C.
300gg(c)(1), except that it does not mean medical assistance
available under the children's buy-in program or
the
program for
medically handicapped children.
"Family" has the meaning established in rules adopted under
section 5101.5215 of the Revised Code.
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
"Program for medically handicapped children" means the
program established under sections 3701.021 to 3701.0210 of the
Revised Code.
(B) The director of job and family services shall establish
the children's buy-in program in accordance with sections
5101.5211
to 5101.5216 of the Revised Code. The director shall
submit to the
United States secretary of health and human
services an amendment
to the state medicaid plan, an amendment to
the state child health
plan, one or more requests for a federal
waiver, or such an
amendment and waiver requests as necessary to
seek federal
matching funds for the children's buy-in program.
The director
shall not begin implementation of the program until
after
submitting the amendment, waiver request, or both. The
director
may begin implementation of the program before receiving
approval
of the amendment, waiver request, or both using state
funds only.
The director shall implement the program regardless
of whether the
amendment, waiver request, or both are denied. The
program shall
be funded with state funds only if the United
States secretary
denies federal matching funds for the program.
Sec. 5101.5212. Under the children's buy-in
program
and
subject to section 5101.5213 of the Revised Code, an individual
who
does both of the following in accordance
with rules adopted
under
section 5101.5215 of the Revised Code
qualifies for
medical
assistance under the program:
(A) Applies for the children's buy-in program;
(B) Provides satisfactory evidence of all of the following:
(1) That the individual is under
nineteen years of age;
(2) That the individual's countable income exceeds
three
hundred per cent of the federal poverty guidelines;
(3) That the individual has not had creditable
coverage for
at least six months before enrolling in the
children's buy-in
program;
(4) That one or more of the following apply to the
individual:
(a) The individual is unable to obtain creditable coverage
due to a
pre-existing condition of the individual;
(b) The individual lost the only creditable coverage
available to
the individual because the individual has exhausted
a lifetime benefit
limitation;
(c) The premium for the only creditable coverage available to
the individual is greater than two hundred per cent of the premium
applicable to the individual under the children's
buy-in program;
(d) The individual participates in the program for medically
handicapped children.
(5) That the individual meets the additional
eligibility
requirements for the children's buy-in
program established in
rules adopted under section 5101.5215 of the
Revised Code.
Sec. 5101.5213. (A) An individual participating in the
children's buy-in program shall be charged a
monthly
premium
established by rules adopted under section 5101.5215 of the
Revised
Code. The amount of the monthly premium shall not be less
than the
following:
(1) In the case of an individual with countable income
exceeding three hundred per cent but not exceeding four hundred
per cent of the federal poverty guidelines, the
following amount:
(a) If no other member of the individual's family receives
medical assistance under the
program with the individual, one
hundred
dollars;
(b) If one or more members of the individual's family receive
medical assistance under the
program with the individual, one
hundred fifty dollars.
(2) In the case of an individual with countable income
exceeding four hundred per cent but not exceeding five hundred per
cent of the federal poverty guidelines, the
following amount:
(a) If no other member of the individual's family receives
medical assistance under the
program with the individual, one
hundred
twenty-five
dollars;
(b) If one or more members of the individual's family receive
medical assistance under the
program with the individual, one
hundred seventy-five dollars.
(3) In the case of an individual with countable income
exceeding five hundred per cent of the federal poverty guidelines,
the full amount of the actuarially determined cost of the premium.
(B) If the premium for the children's buy-in
program
is not
paid for two consecutive months, the individual
shall lose
eligibility for the program. The individual
may
not resume
participation in the program until the unpaid
premiums
that
accrued before the individual lost eligibility
are
paid.
Sec. 5101.5214. (A) An individual participating in the
children's buy-in program may be charged
co-payments to
the
extent required by rules, if any, adopted under division (B)
of
section 5101.5215 of the Revised Code.
(B) Notwithstanding division (B) of section 5111.0112 of the
Revised Code, if applicable, and to the extent permitted by
federal law, a provider may refuse to provide a service to an
individual if a co-payment authorized by this
section is not
paid.
Sec. 5101.5215. (A) The director of job and family services
shall
adopt rules in accordance with Chapter 119. of the Revised
Code as
necessary to implement the children's buy-in
program,
including rules that do all of the following:
(1) Establish the meaning of "countable income" and "family";
(2) For the purpose of section 5101.5212 of the Revised Code,
establish additional eligibility requirements for the program;
(3) For the purpose of section 5101.5213 of the Revised Code,
establish monthly premiums for the children's buy-in program.
(B) The director may adopt rules in accordance with Chapter
119. of the Revised Code to establish co-payment requirements for
individuals participating in the children's buy-in program.
Sec. 5101.5216. The director of job and family services shall
prepare a report on the children's buy-in program that
examines
the program's effectiveness and includes the number of
individuals participating in the program and the costs of the
program. The director shall submit the report to the governor and
general assembly not later than December 31, 2008.
Sec. 5101.541. The food stamp program fund is hereby created
in the state treasury. The fund shall consist of federal
reimbursement for food stamp program administrative expenses and
other food stamp program expenses. The department of job and
family services shall use the money credited to the fund to pay
for food stamp program administrative expenses and other food
stamp program expenses.
Sec. 5101.571. As used in sections 5101.571 to 5101.59
5101.591 of the Revised Code:
(A) "Information" means all of the following:
(1) An individual's name, address, date of birth, and social
security number;
(2) The group or plan number, or other identifier, assigned
by a third party to a policy held by an individual or a plan in
which the individual participates and the nature of the coverage;
(3) Any other data the director of job and family services
specifies in rules adopted under section 5101.591 of the Revised
Code.
(B) "Medical assistance" means medical items or services
provided under any of the following:
(1) Medicaid, as defined in section 5111.01 of the Revised
Code;
(2) The children's health insurance program part I, part
II,
and part III established under sections 5101.50 to 5101.529 of the
Revised
Code;
(3) The disability medical assistance program established
under Chapter 5115. of the Revised Code.
(C) "Medical support" means support specified as support for
the purpose of
medical care by order of a court or administrative
agency.
(B) "Third party" (D) "Public assistance" means medical
assistance or assistance under the Ohio works first program
established under Chapter 5107. of the Revised Code.
(E)(1) Subject to division (E)(2) of this section, and except
as provided in division (E)(3) of this section, "third party"
means any health insurer as defined in section 3924.41 of
the
Revised Code, individual, entity, or public or private program,
that is or
may be liable to pay all or part of the medical cost of
injury, disease, or
disability of an applicant or recipient.
"Third party" includes any such
insurer, individual, entity, or
program that would have been obligated to pay
for the service,
even when such third party limits or excludes payments in the
case
of an individual who is eligible for medicaid. all of the
following:
(a) A person authorized to engage in the business of sickness
and accident insurance under Title XXXIX of the Revised Code;
(b) A person or governmental entity providing coverage for
medical services or items to individuals on a self-insurance
basis;
(c) A health insuring corporation as defined in section
1751.01 of the Revised Code;
(d) A group health plan as defined in 29 U.S.C. 1167;
(e) A service benefit plan as referenced in 42 U.S.C.
1396a(a)(25);
(f) A managed care organization;
(g) A pharmacy benefit manager;
(h) A third party administrator;
(i) Any other person or governmental entity that is, by law,
contract, or agreement, responsible for the payment or processing
of a claim for a medical item or service for a public assistance
recipient or participant.
(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a
person or governmental entity listed in division (E)(1) of this
section is a third party even if the person or governmental entity
limits or excludes payments for a medical item or service in the
case of a public assistance recipient.
(3) "Third party" does not
include the program for medically
handicapped children established under
section 3701.023 of the
Revised Code.
Sec. 5101.572. Upon the request of the department of job and
family services, any (A) A third party as defined in section
5101.571 of the
Revised Code shall cooperate with the department
of job and family services in identifying
individuals for the
purpose of establishing third party liability
pursuant to Title
XIX of the Social Security Act, as amended.
The
(B) In furtherance of the requirement in division (A) of this
section and to allow the department to determine any period that
the individual or the individual's spouse or dependent may have
been covered by the third party and the nature of the coverage, a
third party shall provide, as the department so chooses,
information or access to information, or both, in the third
party's electronic data system on the department's request and in
accordance with division (C) of this section.
(C)(1) If the department chooses to receive information
directly, the third party shall provide the information under all
of the following circumstances:
(a) In a medium, format, and manner prescribed by the
director of job and family services in rules adopted under section
5101.591 of the Revised Code;
(c) Not later than the end of the thirtieth day after the
department makes its request, unless a different time is agreed to
by the director in writing.
(2) If the department chooses to receive access to
information, the third party shall provide access by a method
prescribed by the director of job and family services in rules
adopted under section 5101.591 of the Revised Code. In
facilitating access, the department may enter into a trading
partner agreement with the third party to permit the exchange of
information via "ASC X 12N 270/271 Health Care Eligibility Benefit
Inquiry and Response" transactions.
(D) All of the following apply with respect to information
provided by a third party to the department under this section:
(1) The information is confidential and not a public record
under section 149.43 of the Revised Code.
(2) The release of information to the department is not to be
considered a violation of any right of confidentiality or contract
that the third party may have with covered persons including, but
not limited to, contractees, beneficiaries, heirs, assignees, and
subscribers.
(3) The third party is immune from any liability that it may
otherwise incur through its release of information to the
department.
The department of job and family services shall limit its
use
of information gained from third parties to purposes directly
connected with the administration of the medicaid program. No
(E) No
third party shall disclose to other parties or make
use of any
information regarding recipients of aid under Chapter
5107. or
5111. of the Revised Code that it obtains from the
department of
job and family services, except in the manner
provided for
by the director of job and family
services in
administrative rules. Any
information provided by a third party to
the department of
job and family services shall not be considered
a violation of any
right of
confidentiality or contract that the
third party may have with
covered persons including, but not
limited to, contractees,
beneficiaries, heirs, assignees, and
subscribers. The third
party is immune from any liability that it
may otherwise incur
through its release of information to the
department of job and family
services.
Sec. 5101.573. (A) Subject to divisions (B) and (C) of this
section, a
third party shall do all of the following:
(1) Accept the department of job and family services' right
of recovery under section 5101.58 of the Revised Code and the
assignment of rights to the department that are described in
section 5101.59 of the Revised Code.
(2) Respond to an inquiry by the department regarding a claim
for payment of a medical item or service that was submitted to the
third party not later than three years after the date of the
provision of such medical item or service;
(3) Pay a claim described in division (A)(2) of this section;
(4) Not deny a claim submitted by the department solely on
the basis of the date of submission of the claim, type or format
of the claim form, or a failure by the medical assistance
recipient who is the subject of the claim to present proper
documentation of coverage at the time of service, if both of the
following are true:
(a) The claim was submitted by the department not later than
three years after the date of the provision of the medical item or
service;
(b) An action by the department to enforce its right of
recovery under section 5101.58 of the Revised Code on the claim
was commenced not later than six years after the department's
submission of the claim.
(B) For purposes of the requirements in division (A) of this
section, a third party shall treat a managed care organization as
the department for a claim in which both of the following are
true:
(1) The individual who is the subject of the claim received a
medical item or service through a managed care organization that
has entered into a contract with the department of job and family
services under section 5111.16 of the Revised Code;
(2) The department has assigned its right of recovery for the
claim to the managed care organization.
(C) The time limitations associated with the requirements in
divisions (A)(2) and (A)(4) of this section apply only to
submissions of claims to, and payments of claims by, a health
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.
Sec. 5101.574. No third party shall consider whether an
individual is eligible for or receives medical assistance when
either of the following applies:
(A) The individual seeks to obtain a policy or enroll in a
plan or program operated or administered by the third party;
(B) The individual, or a person or governmental entity on the
individual's behalf, seeks payment for a medical item or service
provided to the individual.
Sec. 5101.575. (A) If a third party violates section
5101.572, 5101.573, or 5101.574 of the Revised Code, a
governmental entity that is responsible for issuing a license,
certificate of authority, registration, or approval that
authorizes the third party to do business in this state may impose
a fine against the third party or deny, revoke, or terminate the
third party's license, certificate, registration, or approval to
do business in this state. The governmental entity shall determine
which sanction is to be imposed. All actions to impose the
sanction shall be taken in accordance with Chapter 119. of the
Revised Code.
(B) In addition to the sanctions that may be imposed under
division (A) of this section for a violation of section 5101.572,
5101.573, or 5101.574 of the Revised Code, the attorney general
may petition a court of common pleas to enjoin the violation.
Sec. 5101.58. As used in this section and section 5101.59 of
the Revised
Code, "public assistance" means aid provided under
Chapter 5111. or 5115. of
the Revised Code and participation in
the Ohio works first program established
under Chapter 5107. of
the Revised Code.
(A) The acceptance of
public assistance gives a an automatic
right
of recovery to the department of job and family services and
a county department of job and family services against the
liability of a third party for the cost of medical services and
care
arising out of injury, disease, or disability assistance paid
on behalf of the public assistance
recipient or participant.
When
an action or claim is brought against a third party by a
public
assistance recipient or participant,
the entire amount of any
payment, settlement or
compromise of the action or claim, or any
court award or
judgment, is subject to the recovery right of the
department
of job and family services or county department of
job
and family services.
Except in the case of a recipient or
participant who receives
medical services or care assistance
through a managed care organization, the
department's or county
department's claim shall not exceed the
amount of medical expenses
assistance paid by the departments a department on behalf of
the
recipient or participant. In A payment, settlement, compromise,
judgment, or award that excludes the cost of medical assistance
paid for by a department shall not preclude a department from
enforcing its rights under this section.
(B) In the case of a recipient or
participant who receives
medical
services or
care assistance through a managed care
organization, the amount of the department's or
county
department's claim
shall be the amount the managed care
organization pays for medical services or
care assistance rendered
to the recipient or participant, even if that amount is
more than
the amount
the departments pay a department pays to the managed
care organization for the recipient's
or participant's medical
services or care. Any settlement, compromise,
judgment, or
award
that excludes the cost of medical services or care shall not
preclude the departments from enforcing their rights under this
section assistance.
Prior to initiating any (C) A recipient or participant, and
the recipient's or participant's attorney, if any, shall cooperate
with the departments. In furtherance of this requirement, the
recipient or participant, or the recipient's or participant's
attorney, if any, shall, not later than thirty days after
initiating informal recovery activity or filing a legal recovery
action, the recipient or
participant, or the recipient's or
participant's representative, shall
disclose against a third
party, provide written notice of the activity or action to the
appropriate department or departments as follows:
(1) To only the department of job and family services when
medical assistance under medicaid has been paid;
(2) To the department of job and family services and the
appropriate county department of job and family services when
medical assistance under the disability medical assistance program
has been paid.
(D) The written notice that must be given under division (C)
of this section shall disclose the identity and address
of any
third party
against whom the recipient or participant has or may
have a right of recovery.
Disclosure shall be made to the
department of job and family services
when
medical expenses have
been paid pursuant to Chapter 5111.
or 5115. of the Revised Code.
Disclosure shall be made to
both the department of job and family
services and the
appropriate county department of job and family
services
when medical expenses have been paid pursuant to Chapter
5115. of the Revised
Code. No
(E) No settlement, compromise, judgment, or award or any
recovery in any
action or claim by a recipient or participant
where the departments have a
right
of recovery shall be made final
without first giving
the appropriate departments written notice as
described in division (C) of this section and a reasonable
opportunity to
perfect their rights of recovery. If the
departments are not
given the appropriate written notice, the
recipient or participant is and, if there is one, the recipient's
or participant's attorney, are liable to reimburse
the departments
for the recovery received to the extent of
medical payments made
by the departments. The
(F) The departments shall
be permitted to enforce their
recovery rights
against the
third party even though they accepted
prior payments in discharge
of their rights under this section if,
at the time the
departments received such payments, they were not
aware that
additional medical expenses had been incurred but had
not yet
been paid by the departments. The third party becomes
liable to
the department of job and family services or county
department of job and family services as soon as the third
party
is notified in writing of the valid claims for recovery under this
section.
The (G)(1) Subject to division (G)(2) of this section, the
right of recovery of a department does not apply to that portion
of any judgment,
award, settlement, or compromise of a claim, to
the extent of
attorneys' fees, costs, or other expenses incurred
by a recipient
or participant in securing the judgment, award,
settlement, or compromise, or
to
the extent of medical, surgical,
and hospital expenses paid by
such recipient or participant from
the recipient's or participant's own
resources. Attorney
fees and
costs
or other expenses in securing any recovery shall not be
assessed
against any claims of the departments.
To (2) Reasonable attorneys' fees, not to exceed one-third of
the total judgment, award, settlement, or compromise, plus costs
and other expenses incurred by the recipient or participant in
securing the judgment, award, settlement, or compromise, shall
first be deducted from the total judgment, award, settlement, or
compromise. After fees, costs, and other expenses are deducted
from the total judgment, award, settlement, or compromise, the
department of job and family services or appropriate county
department of job and family services shall receive no less than
one-half of the remaining amount, or the actual amount of medical
assistance paid, whichever is less.
(H) A right of recovery created by this section may be
enforced separately or jointly by the department of job and family
services or the appropriate county department of job and family
services. To enforce their recovery rights, the departments
may do
any of the following:
(A)(1) Intervene or join in any action or proceeding brought
by the recipient or participant or on the recipient's or
participant's behalf
against any
third party who may
be liable for
the cost of medical services and care arising out
of the
recipient's or participant's injury, disease, or disability
assistance paid;
(B)(2) Institute and pursue legal proceedings against any
third party who may be liable for the cost of medical services
and
care arising out of the recipient's or participant's injury,
disease, or
disability assistance paid;
(C)(3) Initiate legal proceedings in conjunction with the any
injured, diseased, or disabled recipient or participant or the
recipient's
or participant's legal attorney or
representative.
Recovery rights created by this section may be
enforced
separately or jointly by the department of job and family
services
and the
county department of job and family services.
(I) A recipient or participant shall not assess attorney
fees, costs, or other expenses against the department of job and
family services or a county department of job and family services
when the department or county department enforces its right of
recovery created by this section.
(J) The right of recovery given to the department under
this
section does not include rights to support from any other person
assigned to the state under sections 5107.20 and
5115.07 of the
Revised Code, but includes payments made by a
third party under
contract with a person having a duty to
support.
The director of job and family
services may adopt rules in
accordance with Chapter 119. of the Revised Code
the department
considers necessary to implement this section.
Sec. 5101.59. (A) The application for, or acceptance of,
public assistance constitutes an automatic assignment of
certain
rights to the
department of job and family services. This
assignment includes the
rights of the applicant, recipient, or
participant and also the rights of any
other member of the
assistance group for whom the applicant,
recipient, or participant
can legally make an assignment.
(B) Pursuant to this section, the applicant, recipient,
or
participant assigns to the department any rights to medical
support
available to the applicant, recipient, or participant or
for
other members of the assistance group under an
order of a
court or administrative agency, and any rights to
payments from
any by a liable third party liable to pay for the cost of
medical
care and services arising out of injury, disease, or
disability of
the applicant, recipient,
participant, or other members of the
assistance group assistance paid on behalf of a public assistance
recipient or participant. The recipient or participant shall
cooperate with the department in obtaining such payments.
Medicare benefits shall not be assigned pursuant to this
section. Benefits assigned to the department by operation of
this
section are directly reimbursable to the department by
liable
third parties.
(B)(C) Refusal by the applicant, recipient, or
participant to
cooperate in
obtaining medical support and payments assistance
paid for self or any
other member of the assistance group renders
the applicant,
recipient, or participant ineligible for public
assistance, unless cooperation is waived by the department.
Eligibility shall
continue for any individual who cannot legally
assign the
individual's own rights and who would have been
eligible for public assistance but for the refusal to assign
the
individual's rights
or to cooperate as required by this section by
another person
legally able to assign the individual's rights.
(D) If the applicant, recipient, or participant or
any member
of the
assistance group becomes ineligible for public assistance,
the department
shall restore to
the applicant,
recipient,
participant, or member of the assistance group any future
rights
to benefits assigned under this section.
(E) The rights of assignment given to the department under
this
section do not include rights to support assigned under
section
5107.20 or 5115.07 of the Revised Code.
(C) The director of job and family services
may adopt rules
in accordance with
Chapter 119. of the Revised Code to implement
this section, including rules
that specify what constitutes
cooperating with efforts to obtain medical
support
and payments
and when the cooperation requirement may be waived.
Sec. 5101.591. (A) Except as provided in division (B) of this
section, the director of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code to implement
sections 5101.571 to 5101.59 of the Revised Code, including rules
that specify what constitutes cooperating with efforts to obtain
support or payments, or medical assistance payments, and when
cooperation may be waived.
(B) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to do all of the following:
(1) For purposes of the definition of "information" in
division (A) of section 5101.571 of the Revised Code, any data
other than the data specified in that division that should be
included in the definition.
(2) For purposes of division (C)(1)(a) of section 5101.572 of
the Revised Code, the medium, format, and manner in which a third
party must provide information to the department.
(3) For purposes of division (C)(2) of section 5101.572 of
the Revised Code, the method by which a third party must provide
the department with access to information.
Sec. 5101.802. (A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same
meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the
Revised Code, there is hereby created the kinship permanency
incentive program to promote permanency for a minor child in the
legal and physical custody of a kinship caregiver. The program
shall provide an initial one-time incentive payment to the kinship
caregiver to defray the costs of initial placement of the minor
child in the kinship caregiver's home. The program may provide
additional permanency incentive payments for the minor child at
six month intervals for a total period not to exceed thirty-six
months.
(C)
A kinship caregiver may participate in the program if all
of the following requirements are met:
(1) The kinship caregiver applies to a public children
services agency in accordance with the application process
established in rules authorized by division (E) of this section;
(2) The minor child the kinship caregiver is caring for is a
child with special needs as that term is defined in rules adopted
under section 5153.163 of the Revised Code;
(3) A Not earlier than July 1, 2005, a juvenile court has
adjudicated the minor child to be an abused, neglected, dependent,
or unruly child and determined that it is in the child's best
interest to be in the issues an order granting legal custody of to
the kinship caregiver, or the a probate court has determined that
it is in the child's best interest to be in the guadianship of
grants guardianship to the kinship caregiver, except that a
temporary court order is not sufficient to meet this requirement;
(4)(3) The kinship caregiver is either the minor child's
custodian or guardian;
(5)(4) The minor child resides with the kinship caregiver
pursuant to a placement approval process established in rules
authorized by division (E) of this section;
(6) The (5) Excluding any income excluded under rules adopted
under division (E) of this section, the gross income of the
kinship caregiver's family, including the minor child, does not
exceed two three hundred per cent of the federal poverty
guidelines.
(D) Public children services agencies shall make initial and
ongoing eligibility determinations for the kinship permanency
incentive program in accordance with rules authorized by division
(E) of this section. The director of job and family services shall
supervise public children services agencies' duties under this
section.
(E) The director of job and family services shall adopt rules
under division (C) of section 5101.801 of the Revised Code as
necessary to implement the kinship permanency incentive program.
The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor
child is placed with a kinship caregiver for the kinship caregiver
to be eligible for the program;
(3) The initial and ongoing eligibility determination process
for the program, including the computation of income eligibility;
(4) The amount of the incentive payments provided under the
program;
(5) The method by which the incentive payments are provided
to a kinship caregiver;.
(6) Anything else the director considers necessary to
implement the program.
(F) The director shall begin implementation of the kinship
permanency incentive program no later than January 1, 2006. The
amendments made to this section by Am. Sub. H.B. 119 of the 127th
general assembly shall not affect the eligibility of any kinship
caregiver whose eligibility was established before the effective
date of the amendments.
Sec. 5101.98. (A) There is hereby created in the state
treasury the military injury relief fund, which shall consist of
money contributed to it under section 5747.113 of the Revised
Code, of incentive grants authorized by the "Jobs for Veterans
Act," 116 Stat. 2033 (2002), and of contributions made directly to
it. Any person or entity may contribute directly to the fund in
addition to or independently of the income tax refund contribution
system established in section 5747.113 of the Revised Code.
(B) Upon application, the director of job and family services
shall grant money in the fund to individuals injured while in
active service as a member of the armed forces of the United
States and while serving under operation Iraqi freedom or
operation enduring freedom and to individuals diagnosed with
post-traumatic stress disorder while serving, or after having
served, in operation Iraqi freedom or operation enduring freedom.
(C) An individual who receives a grant under this section is
not precluded from receiving one or more additional grants under
this section and during the same state fiscal year but is not
precluded from being considered for or receiving other assistance
offered by the department of job and family services.
(D) The director shall adopt rules under Chapter 119. of the
Revised Code establishing:
(1) Forms and procedures by which individuals may apply for a
grant under this section;
(2) Criteria for reviewing, evaluating, and ranking approving
or denying grant applications;
(3) Criteria for determining the amount of grants awarded
under this section; and
(4) Definitions and standards applicable to determining
whether an individual meets the requirements established in
division (B) of this section;
(5) The process for appealing eligibility determinations; and
(6) Any other rules necessary to administer the grant program
established in this section.
(E) An eligibility determination, a grant approval, or a
grant denial made under this section may not be appealed under
Chapter 119., section 5101.35, or any other provision of the
Revised Code.
Sec. 5104.04. (A) The department of job and family services
shall
establish procedures to be followed in investigating,
inspecting,
and licensing child day-care centers and type A family
day-care
homes.
(B)(1)(a) The department shall, at least
twice during every
twelve-month period of operation of a
center or type A home,
inspect the center or type A home.
The department shall inspect a
part-time center or part-time type
A home at least once during
every twelve-month period of operation.
The department shall
provide a written
inspection report to the licensee within a
reasonable time after
each inspection. The licensee shall display
all written reports of
inspections conducted during the current
licensing period in a conspicuous
place in the center or type A
home.
At least one inspection shall be unannounced and all
inspections may be
unannounced. No person, firm, organization,
institution, or agency shall interfere with the inspection of a
center or type A home by any state or local official
engaged in
performing duties required of the state or local official by
Chapter 5104. of the Revised
Code or rules adopted pursuant to
Chapter 5104. of
the Revised Code, including inspecting the center
or type A home,
reviewing records, or interviewing licensees,
employees,
children, or parents.
(b) Upon receipt of any complaint that a center or type A
home
is
out of compliance with the requirements of Chapter 5104.
of
the
Revised Code or rules adopted pursuant to
Chapter 5104.
of
the
Revised Code, the department shall investigate
the
center or
home, and both of the following apply:
(i) If the complaint alleges that a child suffered physical
harm while receiving child care at the center or home or that the
noncompliance alleged in the complaint involved, resulted in, or
poses a substantial risk of physical harm to a child receiving
child care at the center or home, the department shall inspect the
center or home.
(ii) If division (B)(1)(b)(i) of this section does not apply
regarding the complaint, the department may inspect the center or
home.
(c) Division (B)(1)(b) of this section does not limit,
restrict, or negate any duty of the department to inspect a center
or type A home that otherwise is imposed under this section, or
any authority of the department to inspect a center or type A home
that otherwise is granted under this section when the department
believes the inspection is necessary and it is permitted under the
grant.
(2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply
with division (B)(1) of this section.
(3) The department shall, at least once during every
twelve-month period
of operation of a center or type A home,
contract with a third party by the first day of October in each
even-numbered year to
collect information
concerning the amounts
charged by the center
or home for
providing child care services
for use in
establishing
reimbursement ceilings and payment
pursuant to section 5104.30 of
the Revised Code. The third party
shall compile the information and report the results of the survey
to the department not later than the first day of December in each
even-numbered year.
(C) In the event a licensed center or type A home is
determined to be out of compliance with the requirements of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
shall notify
the
licensee of the center or type A home in writing regarding
the
nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the
correction is not made by the date established by the
department,
the department may commence action under
Chapter 119. of the
Revised Code to
revoke the license.
(D) The department may deny or revoke a license, or
refuse
to
renew a license of a center or type A home, if the applicant
knowingly makes a false statement on the application, does not
comply with the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised
Code, or has
pleaded
guilty to or been convicted of an offense described in
section
5104.09 of the Revised Code.
(E) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any person,
firm, organization, institution, or agency licensed under section
5104.03 of the Revised Code is in violation of any provision of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
may issue an
order of revocation to the center or type A home revoking the
license previously issued by the department. Upon the
issuance of
any order
of revocation, the person whose license is revoked may
appeal in
accordance with section 119.12 of the Revised Code.
(F) The surrender of a center or type A home license to
the
department or the withdrawal of an application for
licensure by
the owner or administrator of the center or type A home shall not
prohibit the department from instituting any of the
actions set
forth in this section.
(G) Whenever the department receives a complaint, is
advised,
or otherwise has any reason to believe that a center or
type A
home is providing child care without a license issued
or renewed
pursuant to section 5104.03 and is not exempt from
licensing
pursuant to section 5104.02 of the Revised Code, the
department
shall investigate the center or type A home and may
inspect the
areas children have access to or areas necessary for
the care of
children in the center or type A home during suspected
hours of
operation to determine whether the center or type A home
is
subject to the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised Code.
(H) The department, upon determining that the center
or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order
enjoining
the owner from operating the center or type A home in violation of
section 5104.02 of the Revised Code.
The court
shall grant such
injunctive relief upon a showing that
the
respondent named in the
complaint is operating a center or
type A
home and is doing so
without a license.
(I) The department shall prepare an annual report on
inspections
conducted under this section. The report shall
include
the number of
inspections conducted, the number and types
of
violations found, and the steps
taken to address the
violations.
The department shall file
the report with the
governor, the
president and minority leader of the senate,
and the
speaker and
minority leader of the house of representatives on or
before the
first day of January of each year, beginning in 1999.
Sec. 5104.30. (A) The department of job and family services
is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child care in this state. Publicly funded
child
care shall be provided to the following:
(1) Recipients of transitional child care as provided under
section
5104.34 of the Revised Code;
(2) Participants in the Ohio
works first program established
under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the
Revised Code
and who continue to participate in a work activity,
developmental activity, or
alternative work activity pursuant to
an assignment under section 5107.42 of
the Revised Code;
(4) A family receiving publicly funded child care on
October
1, 1997, until the family's income
reaches one hundred fifty per
cent of the federal poverty line;
(5) Subject to available funds, other individuals
determined
eligible in
accordance with rules adopted under section 5104.38 of
the Revised Code.
The department
shall apply to the United States department of
health and human
services for authority to operate a coordinated
program for
publicly funded child care, if the director of job and
family services
determines that the application is necessary. For
purposes of
this section, the department of job and family
services may enter into
agreements with other state agencies that
are involved in
regulation or funding of child care. The
department shall
consider the special needs of migrant workers
when it administers
and coordinates publicly funded child care and
shall develop
appropriate procedures for accommodating the needs
of migrant
workers for publicly funded child care.
(B) The department of job and family services shall
distribute
state and federal funds for publicly funded child care,
including appropriations of state funds for publicly funded child
care and appropriations of federal funds available under the child
care block grant act, Title IV-A, and Title XX. The
department may
use any state funds appropriated for publicly
funded child care as
the state share required to match any
federal funds appropriated
for publicly funded child care.
(C) In the use of federal funds available under
the child
care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to
prepare any rules
required under this chapter and to administer
and coordinate
federal and state funding for publicly funded child
care.
(2) Not more than five per cent of the
aggregate amount of
the federal funds received for a fiscal year may be
expended for
administrative costs.
(3) The department shall allocate and use at
least four per
cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer
education to
parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral
services,
designed to improve the quality, and increase the
supply, of child care;
(d) Establishing a voluntary child day-care center
quality-rating program in which participation in the program may
allow a child day-care center to be eligible for grants, technical
assistance, training, or other assistance and become eligible for
unrestricted monetary awards for maintaining a quality rating.
(4) The department shall ensure that the federal funds will
be used
only to supplement, and will not be used to supplant,
federal,
state, and local funds available on the effective date of
the child care block grant
act for publicly funded child care and
related programs. A
county department of job and family services
may purchase child care
from funds obtained through any other
means.
(D) The department shall encourage the development of
suitable child care throughout the state, especially in areas
with
high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the
development of suitable child care designed to
accommodate the
special needs of migrant workers. On request,
the department,
through its employees or contracts with state or
community child
care resource and referral service
organizations, shall provide
consultation to groups and
individuals interested in developing
child care. The
department of job and family services may enter
into interagency
agreements with the department of education, the
board of
regents, the department of development, and other state
agencies
and entities whenever the cooperative efforts of the
other state
agencies and entities are necessary for the department
of job and family
services to fulfill its duties and
responsibilities under this
chapter.
The department shall develop and maintain a registry of
persons providing
child care. The director shall adopt rules
pursuant to Chapter 119. of the Revised
Code establishing
procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the
following:
(a) Reimbursement ceilings for providers of publicly funded
child care not later than the first day of July in each
odd-numbered year;
(b) A procedure for reimbursing and paying providers of
publicly funded child care.
(2) In establishing reimbursement
ceilings under division
(E)(1)(a) of this section, the director shall do all of the
following:
(a) Use the information obtained
under division (B)(3) of
section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers
who provide
child care for caretaker parents who work
nontraditional hours;
(c) For a type B family day-care home provider that has
received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish
a reimbursement ceiling that
is the following:
(i) If the provider is a person described in division
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five
per cent of the
reimbursement ceiling that applies to a type B
family
day-care home certified by the same county department
of
job and family services pursuant to section 5104.11 of the Revised
Code;
(ii) If the provider is a person described in division
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent
of the reimbursement ceiling that applies to a type B family
day-care home certified by the same county department pursuant to
section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division
(E)(1)(a) of this section, the director may establish different
reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum
requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
(F) The director shall adopt rules in accordance with Chapter
119. of the Revised Code to implement the voluntary child day-care
center quality-rating program described in division (C)(3)(d) of
this section.
Sec. 5107.02. As used in this chapter:
(A)
"Adult" means an individual who is not a minor child.
(B)
"Assistance group" means a group of individuals treated
as
a unit for purposes of determining eligibility for and the
amount of assistance provided under Ohio works first.
(C)
"Custodian" means an individual who has legal custody, as
defined in section 2151.011 of the Revised Code, of a minor child
or comparable status over a
minor child created by a court of
competent jurisdiction in another
state.
(D)
"Domestic violence" means being subjected to any of the
following:
(1) Physical acts that resulted in, or threatened to result
in, physical injury to the individual;
(3) Sexual activity involving a dependent child;
(4) Being forced as the caretaker relative of a dependent
child to engage in nonconsensual sexual acts or activities;
(5) Threats of, or attempts at, physical or sexual abuse;
(7) Neglect or deprivation of medical care.
(E) "Guardian" means an individual that is granted authority
by
a probate court pursuant to Chapter 2111. of the Revised Code,
or a court of
competent
jurisdiction in another state, to exercise
parental
rights over a minor child to the extent provided in the
court's order and
subject to residual parental rights of the minor
child's parents.
(E)(F) "LEAP program" means the learning, earning, and
parenting program conducted under section 5107.30 of the Revised
Code.
(G)
"Minor child" means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen
and is a
full-time student in a secondary school or in the
equivalent level
of vocational or technical training.
(F)(H)
"Minor head of household" means a minor child who is
either of the following:
(1) Is married, at least six months pregnant, and a member of
an
assistance group that does not include an adult;
(2) Is married and is a parent of a child included in the
same assistance
group that does not include
an adult.
(G)(I)
"Ohio works first" means the program established by
this
chapter known as temporary assistance for needy families in
Title
IV-A.
(H)(J)
"Payment standard" means the amount specified in rules
adopted under
section 5107.05 of the Revised Code that is the
maximum amount of cash
assistance an
assistance group may receive
under Ohio works first from state and
federal funds.
(I)(K)
"Specified relative" means the following individuals
who
are age eighteen or older:
(1) The following individuals related by blood or
adoption:
(a) Grandparents, including grandparents with the
prefix
"great," "great-great," or
"great-great-great";
(c) Aunts, uncles, nephews, and nieces,
including such
relatives with the prefix
"great,"
"great-great," "grand," or
"great-grand";
(d) First cousins and first cousins once removed.
(2) Stepparents and stepsiblings;
(3) Spouses and former spouses of individuals
named in
division (I)(K)(1) or (2) of this section.
(J)(L)
"Title IV-A" or
"Title
IV-D" means Title IV-A or
Title
IV-D of the
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.
301, as amended.
Sec. 5107.03. There is hereby established the
Ohio works
first program. The
department of job and family services shall
administer the program, as
long as federal funds are provided for
the program, in
accordance with Title IV-A,
federal regulations,
state law, the
Title IV-A state plan submitted to the
United
States secretary of health and human services under section
5101.80 of the Revised Code, amendments to the
plan,
and federal
waivers granted by the United States secretary.
The department shall make all cash assistance payments for
Ohio works first from funds
appropriated for the Ohio works
first
program. A county department of job and family
services may use
county funds to increase the amount of cash assistance an
assistance group receives. An increase in the amount of cash
assistance that
results from such a use of county funds shall not
be included as countable
income, gross earned income, or gross
unearned income of the assistance group.
Sec. 5107.04. As used in this section, "cost-of-living
adjustment" means the cost-of-living adjustment made by the United
States commissioner of social security under 42 U.S.C. 415(i) for
benefits provided under Title II of the "Social Security Act of
1935."
The department of job and family services shall make all cash
assistance payments for Ohio works first from funds appropriated
for the Ohio works first program. The amount of a cash assistance
payment the department is to make to an assistance group shall be
determined in accordance with rules adopted under section 5107.05
of the Revised Code and shall not exceed the payment standard. The
department shall increase the payment standard on January 1, 2009,
and the first day of each January thereafter by the cost-of-living
adjustment made in the immediately preceding December.
A county department of job and family services may use county
funds to increase the amount of cash assistance an assistance
group receives. An increase in the amount of cash assistance that
results from such a use of county funds shall not be included as
countable income, gross earned income, or gross unearned income of
the assistance group.
Sec. 5107.05. The director of job
and family services shall
adopt rules to implement this chapter. The rules shall be
consistent with Title IV-A, Title
IV-D, federal regulations, state
law, the Title
IV-A state plan submitted to
the United States
secretary of health and human services under section 5101.80
of
the
Revised Code, amendments to the
plan, and waivers granted by
the
United States secretary. Rules
governing eligibility, program
participation, and other
applicant and participant requirements
shall be adopted in
accordance with Chapter 119. of
the Revised
Code. Rules governing
financial and other administrative
requirements applicable to
the department of job and family
services and county departments of
job and family services shall
be
adopted in accordance with section 111.15 of the
Revised Code.
(A) The rules shall specify, establish, or govern all of the
following:
(1) A payment standard for Ohio works first based on
federal
and state appropriations that is increased in accordance with
section 5107.04 of the Revised Code;
(2) The For the purpose of section 5107.04 of the Revised
Code, the method of determining the amount of cash
assistance an
assistance group receives under Ohio works first;
(3) Requirements for initial and continued eligibility
for
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition.
The rules regarding income shall specify what is countable
income,
gross earned income, and gross unearned income for the
purpose of
section 5107.10 of the Revised Code.;
(4) For the purpose of section 5107.12 of the
Revised Code,
application and
verification procedures, including the minimum
information an
application must contain. If there are at least two
telephone numbers available that a county department of human
services can call to contact members of an assistance group, which
may include the telephone number of an individual who can contact
an assistance group member for the county department, the minimum
information shall include at least those two telephone numbers.;
(5) The extent to which a participant of Ohio works first
must
notify, pursuant to section 5107.12 of the
Revised Code, a
county department of job and family
services of additional income
not previously reported to
the county department;
(6) For the purpose of section 5107.16 of the Revised Code,
standards for the determination of good cause for failure or
refusal to comply in full with a provision of a self-sufficiency
contract;
(7) The department of job and family services providing
written
notice of a sanction under section 5107.161 of the Revised
Code;
(7)(8) Requirements for the collection and distribution of
support payments owed participants of Ohio works first pursuant to
section 5107.20 of the
Revised Code;
(8)(9) For the purpose of section 5107.22 of the
Revised
Code, what constitutes
cooperating in establishing a minor child's
paternity or
establishing, modifying, or enforcing a child support
order and
good cause for failure or refusal to cooperate. The rule
shall
be consistent with 42 U.S.C.A.
654(29).;
(9)(10) The requirements governing the LEAP program
provided
for under
section 5107.30 of the Revised Code, including the
definitions of "equivalent of a high school diploma" and "good
cause," and the incentives provided under the LEAP program;
(10)(11) If the director implements section 5107.301 of the
Revised Code, the requirements governing the award provided under
that section, including the form that the award is to take and
requirements an individual must satisfy to receive the award;
(11)(12) Circumstances under which a county department
of job
and family services may
exempt a minor head of household or adult
from participating in a work
activity or developmental activity
for all or some of the weekly hours
otherwise required by section
5107.43 of the
Revised Code. Circumstances shall include that a
school or
place of work is closed due to a
holiday or weather or
other emergency and that an employer grants the minor
head of
household or adult leave for illness or earned vacation.
(12)(13) The maximum amount of time the department will
subsidize positions created by state agencies and political
subdivisions under division (C) of section 5107.52 of the
Revised
Code;
(14) The implementation of sections 5107.71 to 5107.717 of
the Revised Code by county departments of job and family services;
(15) A domestic violence screening process to be used for the
purpose of division (A) of section 5107.71 of the Revised Code;
(16) The minimum frequency with which county departments of
job and family services must redetermine a member of an assistance
group's need for a waiver issued under section 5107.714 of the
Revised Code.
(B) The rules adopted under division (A)(3) of this section
regarding income shall specify what is countable income, gross
earned income, and gross unearned income for the purpose of
section 5107.10 of the Revised Code.
The rules adopted under division (A)(9) of this section shall
be consistent with 42 U.S.C. 654(29).
The rules adopted under division (A)(12) of this section
shall specify that the circumstances include that a school or
place of work is closed due to a holiday or weather or other
emergency and that an employer grants the minor head of household
or adult leave for illness or earned vacation.
(C) The rules may
provide that a county department of job and
family
services is not
required to take action under section
5107.76 of the
Revised Code to recover an erroneous
payment that
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section:
(1)
"Countable income,"
"gross earned income,"
and
"gross
unearned income" have the meanings established in rules adopted
under section 5107.05 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code, except that references to a
person's family in the definition shall be deemed to be references
to the person's assistance group.
(3)
"Gross income" means gross earned income and gross
unearned income.
(4) "Initial eligibility threshold" means the higher of the
following:
(a) Fifty per cent of the federal poverty guidelines;
(b) The gross income maximum for initial eligibility for Ohio
works first as that maximum was set by division (D)(1)(a) of this
section on the day before the effective date of this amendment.
(5)
"Strike" means continuous concerted action in failing
to
report to duty; willful absence from one's position; or
stoppage
of work in whole from the full, faithful, and proper
performance
of the duties of employment, for the purpose of
inducing,
influencing, or coercing a change in wages, hours,
terms, and
other conditions of employment.
"Strike" does not
include a
stoppage of work by employees in good faith because of
dangerous
or unhealthful working conditions at the place of
employment that
are abnormal to the place of employment.
(B) Under the Ohio works first program, an assistance
group
shall receive, except as otherwise
provided by this chapter,
time-limited
cash assistance. In the case of an assistance group
that includes a minor
head of household or adult, assistance shall
be provided in accordance with
the self-sufficiency contract
entered into under section 5107.14 of the Revised Code.
(C) To be eligible to participate in
Ohio works first, an
assistance group must meet all of the
following requirements:
(1) The assistance group, except as provided in division
(E)
of this section, must
include at least one of the following:
(a) A minor child who, except as provided in section 5107.24
of the Revised Code, resides with a
parent, or specified relative
caring for the child, or, to the extent
permitted by Title IV-A
and federal
regulations adopted until Title IV-A, resides with
a
guardian or
custodian caring for the child;
(b) A parent residing with and caring for
the parent's minor
child who receives supplemental
security income under Title XVI of
the
"Social
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A.
1383,
as amended, or federal, state, or local adoption
assistance;
(c) A specified relative residing with and caring for a
minor
child who is
related to the specified relative in a manner
that
makes the specified
relative a specified relative and
receives
supplemental security income or
federal, state, or local
foster
care or adoption assistance;
(d) A woman at least six months pregnant.
(2) The assistance group must meet the income
requirements
established by division
(D) of this section.
(3) No member of the assistance group may be involved in a
strike.
(4) The assistance group must satisfy the requirements
for
Ohio works first established by this chapter and sections
5101.58,
5101.59, and 5101.83 of the
Revised Code.
(5) The assistance group must meet requirements for Ohio
works
first established by rules adopted under section
5107.05 of
the Revised
Code.
(D)(1) Except as provided in division (D)(4) of this
section,
to determine whether an assistance group is initially
eligible to
participate in Ohio works first, a county
department
of job and
family services shall do the
following:
(a) Determine whether the assistance group's gross
income
exceeds the initial eligibility threshold fifty per cent of the
federal poverty guidelines. In making this determination, the
county department
shall
disregard amounts that federal statutes or
regulations and
sections 5101.17 and 5117.10 of the
Revised Code
require be
disregarded.
The assistance group is ineligible to
participate in
Ohio works first
if the assistance group's gross
income, less the
amounts disregarded, exceeds the initial
eligibility threshold fifty per cent of the federal poverty
guidelines.
(b) If the assistance group's gross income, less
the amounts
disregarded pursuant to division
(D)(1)(a)
of this section, does
not exceed the initial eligibility threshold fifty per cent of the
federal poverty guidelines,
determine
whether the assistance
group's countable income is less than the
payment standard. The
assistance
group is ineligible to
participate in Ohio works first
if the assistance group's
countable income equals or
exceeds the
payment standard.
(2) For the purpose of determining whether an assistance
group meets the income requirement established by division
(D)(1)(a) of this section, the annual revision that the United
States department of health and human services makes to the
federal poverty guidelines shall go into effect on the first day
of July of the year for which the revision is made.
(3) To determine whether an assistance group
participating
in
Ohio works first continues to be eligible to
participate, a
county
department of job and family
services shall
determine
whether the
assistance group's countable income
continues to be
less than the
payment standard. In making this
determination, the
county
department shall disregard the first
two hundred fifty
dollars and
fifty per cent of the remainder
of the assistance
group's gross
earned income.
No amounts shall be disregarded from
the assistance
group's gross unearned income. The assistance
group ceases to
be
eligible to participate in Ohio works first if
its
countable
income, less the amounts disregarded, equals or
exceeds the
payment standard.
(4) If an assistance group reapplies to participate in
Ohio
works first not more than four months after ceasing to
participate, a county department of job and family
services shall
use the income requirement established by
division (D)(3) of this
section
to determine eligibility for resumed participation rather
than
the income requirement established by division
(D)(1) of this
section.
(E)(1) An assistance group may continue to participate in
Ohio works first even though a public children services agency
removes the assistance
group's minor children from the assistance
group's home due to abuse, neglect,
or dependency if the agency
does both of the following:
(a) Notifies the county department of job and family
services
at the time the agency removes the children
that it
believes the
children will be able to return to the
assistance
group within six
months;
(b) Informs the county department at the end of
each of the
first five months after the
agency removes the children
that the
parent, guardian,
custodian, or specified relative of the children
is
cooperating with
the case plans prepared for the children under
section 2151.412
of the Revised
Code and that the agency is
making
reasonable efforts to return the children to the assistance group.
(2) An assistance group may continue to participate in
Ohio
works first pursuant to division
(E)(1) of this section for not
more than six payment months. This division does not
affect
the
eligibility of an assistance group that includes a woman at
least
six months pregnant.
Sec. 5107.12. An assistance group seeking to participate in
the Ohio works
first
program shall apply to a county department of
job and
family services using an
application containing
information the director of job and family services
requires
pursuant to rules adopted under section
5107.05 of the Revised
Code and any additional information the county
department
requires. If cash assistance under the program
is to be paid by
the director of budget and management through the medium of direct
deposit as provided by section 329.03 of the Revised Code, the
application
shall be
accompanied by
information the director needs
to make direct
deposits.
When a county department receives an application
for
participation in Ohio
works first, it shall promptly make an
investigation
and record of the circumstances of the applicant in
order to
ascertain the facts surrounding the application and to
obtain
such other information as may be required. Upon the
completion
of the investigation, the county
department shall
determine as soon as possible
whether the applicant is eligible to
participate, the
amount of cash assistance the
applicant should
receive, and the approximate date when
participation shall
begin.
The county department shall not delay making the determination of
whether the applicant is eligible to participate on the basis that
the individuals required by section 5107.14 of the Revised Code to
enter into a written self-sufficiency contract with the county
department have not yet done that. The amount of cash assistance
so determined shall be certified
to the department of job and
family services in such form
as the
department shall
prescribe.
Warrants, direct deposits, or debit cards shall be
delivered or
made payable in the
manner
the department may prescribe.
To the extent required by rules
adopted under section 5107.05
of the Revised Code, a participant of Ohio works
first shall
notify the county
department immediately upon the
receipt or
possession of additional income not
previously reported
to the
county department. Any failure to so notify a county
department
shall
be regarded as prima-facie evidence of an intent to defraud.
Sec. 5107.121. A county department of job and family
services shall provide assistance groups applying for or
undergoing a redetermination of eligibility for Ohio works first
written and oral information about both of the following:
(A) The availability of counseling and supportive services
pursuant to division (B) of section 5107.71 of the Revised Code
for members of the assistance group who have been subjected to
domestic violence;
(B) The availability of waivers under section 5107.714 of the
Revised Code exempting members of the assistance group who have
been subjected to domestic violence from a requirement of the Ohio
works first program.
Sec. 5107.14. (A) An assistance group is
ineligible to
participate in
Ohio works first unless the minor head of household
or
each adult
member of the assistance group, not later than
thirty days after applying
for or
undergoing a redetermination of
eligibility
for the program, enters the following enter into a
written
self-sufficiency contract with the county department of
job and
family services not later than thirty days after the
assistance group applies for or undergoes a redetermination of
eligibility for the program:
(1) Each adult member of the assistance group;
(2) The assistance group's minor head of household unless the
minor head of household is participating in the LEAP program. The
(B) A self-sufficiency contract shall
set forth the rights
and
responsibilities of the assistance group
as applicants for and
participants of the program,
including work responsibilities
established under sections
5107.40 to 5107.69 of the
Revised Code
and other requirements
designed to assist the assistance group in
achieving self sufficiency and personal responsibility. The
county
department shall provide without charge a copy of the
contract to
each
assistance group member who signs it.
Each Ohio works first. Each self-sufficiency contract shall
include, based on
appraisals conducted under section 5107.41 of
the
Revised Code and
assessments conducted under section 5107.70
of the Revised Code,
the following:
(A)(1) The assistance group's plan, developed under section
5107.41 of the Revised
Code, to achieve the goal of
self
sufficiency and personal responsibility through
unsubsidized
employment within the time limit for participating
in Ohio works
first established by section 5107.18 of the
Revised Code;
(B)(2) Work activities,
developmental activities, and
alternative work activities to
which members of the assistance
group are assigned under
sections 5107.40 to 5107.69 of the
Revised Code;
(C)(3) The responsibility
of a caretaker member of the
assistance group to cooperate in
establishing a minor child's
paternity and establishing,
modifying, and enforcing a support
order for the child in
accordance with section 5107.22 of the
Revised Code;
(D)(4) Other responsibilities that members of the assistance
group
must satisfy to participate in Ohio works first and the
consequences for failure or refusal to satisfy the
responsibilities;
(E)(5) An agreement that, except as otherwise provided in a
waiver issued under section 5107.714 of the Revised Code, the
assistance group will comply with
the conditions of
participating
in Ohio works first established by
this chapter
and sections
5101.58, 5101.59, and 5101.83
of the
Revised
Code;
(F)(6) Assistance and services the county department will
provide to
the assistance group;
(G)(7) Assistance and
services the child support enforcement
agency and public
children services agency will provide to the
assistance group
pursuant to a plan of cooperation entered into
under section
307.983 of the Revised Code;
(H)(8) Other provisions designed to assist the assistance
group
in achieving self sufficiency and
personal responsibility;
(I)(9) Procedures for assessing whether responsibilities
are
being satisfied and whether the contract should be amended;
(J)(10) Procedures for amending the contract.
(C) No self-sufficiency contract shall include provisions
regarding the LEAP program.
(D) The county department shall provide without charge a copy
of the self-sufficiency contract to each assistance group member
who signs it.
Sec. 5107.16. (A) If a
member of an assistance group fails
or refuses, without good
cause, to comply in full with a provision
of a self-sufficiency
contract entered into under section 5107.14
of the
Revised Code, a county department of job and family
services shall
sanction the assistance group as follows:
(1) For a first failure or refusal, the county department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for one payment month or until
the
failure or refusal ceases, whichever is longer;
(2) For a second failure or refusal, the county
department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or
until
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the
county
department shall deny or terminate the assistance group's
eligibility to participate in Ohio works first for six payment
months or until the failure or refusal ceases, whichever is
longer.
(B) Each county
department The director of job and family
services shall establish
standards for the
determination of good
cause for failure or refusal to comply in
full with a provision of
a self-sufficiency contract in rules adopted under section 5107.05
of the Revised Code.
(1) In the case of a failure or refusal to participate in
a
work activity, developmental activity, or alternative work
activity under sections 5107.40 to 5107.69 of the
Revised Code,
good cause shall include,
except as provided in division
(B)(2) of
this section, the
following:
(a) Failure of the county department to place the
member in
an activity;
(b) Failure of the county department to provide
for the
assistance group to receive support services the county
department
determines under section 5107.66 of the Revised
Code to be
necessary. In
determining whether good cause exists, a county
department shall
determine that day care is a necessary support
service if a
single custodial parent caring for a minor child
under age six proves
a demonstrated inability, as determined by
the county
department, to obtain needed child care for one or more
of the
following reasons:
(i) Unavailability of appropriate child care
within a
reasonable distance from the parent's home or work
site;
(ii) Unavailability or unsuitability of informal
child care
by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable
formal
child care arrangements.
(2) Good cause does not exist if the member of the
assistance
group is placed in a work activity established
under section
5107.58 of the Revised
Code and exhausts the support
services
available for that activity.
(C) When a state hearing
under division (B) of section
5101.35 of the Revised
Code or an administrative
appeal under
division (C) of
that section is held regarding a sanction under
this section,
the hearing officer, director of job and family
services,
or director's
designee shall base the decision in the
hearing or appeal on the
county department's standards of good
cause for failure or
refusal to comply in full with a provision of
a self-sufficiency
contract, if the county department provides the
hearing officer,
director, or director's designee a copy of the
county
department's good cause standards.
(D) After sanctioning an
assistance group under division
(A)
of this section, a county
department of job and family services
shall continue to
work with the assistance
group to provide the
member of the
assistance group who caused the sanction an
opportunity to
demonstrate to the county department a willingness
to cease the
failure or refusal to comply with the
self-sufficiency contract.
(E)(D) An adult eligible for medical assistance medicaid
pursuant to
division
(A)(1)(a)
of section 5111.01 of the
Revised
Code who is sanctioned under
division (A)(3) of this section
for a
failure or refusal, without good cause, to comply in full
with a
provision of a self-sufficiency contract related to work
responsibilities under sections 5107.40 to 5107.69 of the
Revised
Code loses eligibility for
medical assistance medicaid unless the
adult is otherwise eligible for
medical assistance medicaid
pursuant to another division of section
5111.01 of the Revised
Code.
(F) An assistance group that would be participating in
Ohio
works first if not for a sanction under this section shall
continue to be eligible for all of the following:
(1) Publicly funded child care in accordance with division
(A)(3) of section 5104.30 of the Revised Code;
(2) Support services in accordance with section 5107.66 of
the
Revised Code;
(3) To the extent permitted by the "Fair Labor
Standards Act
of 1938," 52 Stat. 1060, 29 U.S.C.A.
201, as amended, to
participate in work activities, developmental activities,
and
alternative work activities in accordance with sections 5107.40 to
5107.69 of the Revised Code.
Sec. 5107.17. An assistance group that resumes participation
in
Ohio works first following
a sanction under section 5107.16 of
the Revised Code is not
required to do either of the following:
(A) Reapply under section 5107.12 of the Revised Code, unless
it
is the assistance group's regularly scheduled time for an
eligibility
redetermination;
(B) Enter into a new self-sufficiency contract under section
5107.14 of the Revised Code, unless the county department of job
and family services
determines it is time for a new appraisal
under section 5107.41 of the
Revised Code or the assistance
group's circumstances have
changed in a manner necessitating an
amendment to the self-sufficiency
contract as determined using
procedures included in
the contract under division (I)(B)(9) of
section 5107.14 of the
Revised Code.
Sec. 5107.18. (A) Except as provided in divisions (B),
(C),
(D), and (E), and (F) of this section, an
assistance group is
ineligible to
participate in Ohio works first if
the assistance
group includes
an
individual who has participated in the program
for
thirty-six
months
as any of the following: an adult head of
household, minor
head of household, or spouse of an adult head of
household or
minor head of household. The time limit applies
regardless of
whether the
thirty-six months are consecutive.
(B) An assistance
group that has ceased to participate in
Ohio works first pursuant to
division (A) of
this section for at
least twenty-four months, whether consecutive or not, may reapply
to
participate in the program if good cause exists as
determined
by the county department of job and family
services. Good cause
may include
losing employment, inability to find employment,
divorce,
domestic violence considerations, and unique personal
circumstances. The assistance group must provide a county
department of
job and family services verification acceptable to
the
county department of whether any members of the assistance
group
had employment during the period the assistance group was
not
participating in Ohio works first and the amount and sources
of the assistance group's income during that period. If a
county
department is satisfied that good cause exists for the
assistance
group to reapply to participate in Ohio works first, the
assistance group may reapply. Except as provided
in divisions
(C),
(D), and (E)(F) of this section, the
assistance group may not
participate in Ohio works first for more
than twenty-four
additional months. The time limit applies
regardless of whether
the twenty-four months are consecutive.
(C) In determining the
number of months a parent or pregnant
woman has
received assistance
under Title
IV-A,
a county
department of job and family services shall
disregard any month
during which the parent or
pregnant woman was a minor child but
was neither a minor head of
household nor married to the head of
an assistance group.
(D) In determining the
number of months an adult has
received
assistance
under
Title
IV-A,
a county department of job
and family
services shall
disregard any month
during which the
adult lived on
an
Indian reservation or in an
Alaska native
village, as those
terms are used in 42
U.S.C.A.
608(a)(7)(D),
if,
during the month,
at least one thousand individuals lived on
the
reservation or in
the village and at least fifty per cent of
the
adults living on
the reservation or in the village were
unemployed.
(E) A county department of job and family services may exempt
an Ohio works first assistance group from the time limit
established by division (A) of this section by issuing a waiver of
the time limit in accordance with section 5107.714 of the Revised
Code. A county department may not exempt an assistance group until
the group has exhausted its thirty-six months of cash assistance.
An exemption granted under this division shall not count toward
the twenty per cent limitation that applies to the exemptions
granted under division (F) of this section.
(F) A county department of job and family services may
exempt
not more than twenty per cent of
the average monthly number
of
Ohio works first
assistance
groups
from the time
limit
established
by this section
on the
grounds
that the
county
department
determines that the time limit is a
hardship. In the
case of the
time limit established by division (A)
of this
section, a county
department may not exempt an assistance group
until the group has
exhausted its
thirty-six months of cash
assistance.
(F)(G) The department of job and family
services shall
continually
monitor the percentage of the average monthly number
of
Ohio works first
assistance groups in each county
that is
exempted under division (E)(F) of this
section from the time
limit
established by this section. On determining that
the
percentage
in
any county equals or exceeds eighteen per cent, the
department
shall immediately notify the county department of
job
and family
services.
(G)(H) Only participation in Ohio works first on or after
October 1, 1997, applies to the
time limit established by this
section. The time limit applies
regardless of the source of
funding for the program.
Assistance under Title
IV-A
provided by
any state applies to the time limit. The time limit
is a lifetime
limit. No assistance group shall receive
assistance under the
program in violation of the time limit
for assistance under Title
IV-A
established by section 408(a)(7) of the
"Social Security
Act," as amended by the
"Personal Responsibility and Work
Opportunity Reconciliation Act of 1996," 110
Stat. 2105, 42
U.S.C.A.
608 (a)(7).
Sec. 5107.281. A participant
of Ohio works first
who is
enrolled in a school district in a county that is participating
in
the
learnfare program and is not younger than age six but not
older
than age nineteen shall participate in the learnfare program
unless one of the following is the case:
(A) The participant is not yet eligible for
enrollment in
first grade;
(B) The participant is subject to the LEAP
program under
section 5107.30 of the Revised Code;
(C) The participant has received one of the
following:
(1) A high school diploma;
(2) A certificate stating that the participant has achieved
the
equivalent of a high school education as measured by scores
obtained on the tests of general educational development as
published by the American council on education.
(D) The participant has been excused from school
attendance
pursuant to section 3321.04 of the Revised Code;
(E) If child care services for a member of the
participant's
household are necessary for the
participant to attend school,
child
care licensed or certified under Chapter 5104. of the
Revised
Code or under sections 3301.52 to 3301.59 of the Revised
Code and transportation to
and from the child care are not
available;
(F) The participant has been adjudicated a delinquent
or
unruly child pursuant to section 2151.28 of the Revised Code.
Sec. 5107.30. (A) As used in this section:
(1) "Equivalent of a high school diploma" and "good cause"
have the meanings established in rules adopted under section
5107.05 of the Revised Code.
(2) "LEAP program" means the learning, earning, and
parenting
program.
(3) "Participating teen" means an individual to whom all of
the following apply:
(a) The individual is a participant of Ohio works
first;
(b) The individual is under age
eighteen or is age eighteen
and in school and is a natural or adoptive parent or is pregnant;
(c) The individual is subject to the LEAP program's
requirements.
(4)(3) "School" means an educational program that is designed
to lead to the attainment of a high school diploma or the
equivalent of a high school diploma.
(B) The director of job and
family services may conduct
a
program titled the "LEAP program" in accordance with rules adopted
under section 5107.05 of the Revised Code. The purpose of the LEAP
program is to encourage
teens to complete school.
Every participating teen shall attend school in accordance
with the requirements
governing the LEAP program unless the
participating teen shows good cause for not
attending school. The
department shall provide, in addition to
the cash assistance
payment provided under Ohio works
first,
an incentive payment, in
an amount determined by the department,
to every participating
teen who
attends school in accordance with the requirements
governing the LEAP
program. In addition to the incentive payment,
the department may provide other incentives to participating teens
who attend school in accordance with the LEAP program's
requirements. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio
works first to
every participating teen
who
fails or refuses,
without good cause, to meet the LEAP program's requirements.
Every participating teen shall enter into a written agreement
with the county department of
job and family services that
specifies all of the
following:
(1) The participating teen, to be eligible to receive the
incentive
payment and other incentives, if any, under this
section, must meet the requirements of the LEAP program.
(2) The incentive
payment and other incentives, if any, will
be provided if the participating teen meets the requirements of
the LEAP program.
(3) The participating teen's cash assistance
payment under
Ohio works
first will be reduced if the participating teen fails
or
refuses without good cause to attend school in accordance with
the requirements
governing the LEAP program.
(C) A minor head of household who is participating
household's participation in the LEAP program
shall be considered
to be participating in a work activity
for
the purpose of sections
5107.40 to
5107.69 counted in determining whether a county
department of job and family services meets the requirement of
section 5107.44 of the Revised Code. However, the minor head of
household is not
subject to the
requirements or sanctions of
those
sections.
(D) Subject to the availability of funds, county departments
of job and family services shall provide for participating teens
to receive support services the county department determines to be
necessary for LEAP participation. Support services may include
publicly funded child care under Chapter 5104. of the Revised
Code, transportation, and other services.
Sec. 5107.36. An individual is not eligible to participate
in ineligible for assistance under Ohio
works first if
either of
the following apply:
(A) The individual is
a fugitive felon as defined in section
5101.20 of the Revised Code;
(B) The individual is violating a condition of probation, a
community control sanction, parole, or a post-release control
sanction imposed
under federal or state law.
Sec. 5107.41. As soon as possible after an assistance group
submits an
application to participate in Ohio works first, the
county
department of job and family services that receives the
application shall
schedule and conduct an appraisal of each member
of the
assistance group who is a minor head of household or adult,
other than a minor head of household participating in the LEAP
program. The appraisal may
include an evaluation of the
employment, educational, physiological, and
psychological
abilities or liabilities, or both, of the minor head of
household
or adult. At the appraisal, the county department shall develop
with the minor head of household or adult a plan for the
assistance
group to achieve the goal of self sufficiency and
personal
responsibility through unsubsidized employment within the
time
limit for participating in the Ohio works first program
established
by
section 5107.18 of the Revised
Code. The plan shall
include
assignments to one or more work activities, developmental
activities, or alternative work activities in accordance with
section 5107.42 of the Revised
Code. The county department
shall
include the plan in the self-sufficiency contract entered
into
under section 5107.14 of the Revised Code.
The county department shall conduct more appraisals
of the
minor head of household or adult at times the county
department
determines.
If the minor head of household or adult claims to have a
medically determinable physiological or psychological
impairment,
illness, or disability, the county department may
require that the
minor head of household or adult undergo an
independent medical or
psychological examination at a time and
place reasonably
convenient to the minor head of household or adult.
Sec. 5107.42. (A) Except as provided in divisions (B)
and
(C) of this section, county departments of job and
family services
shall
assign each minor head of household and adult participating
in Ohio
works first, other than a minor head of household
participating in the LEAP program, to one or more work activities
and developmental activities.
If a county department assigns a minor head of household
or
adult to the work activity established under division (H) of
section 5107.60 of the Revised
Code, the county department
shall
make reasonable efforts to assign the minor head of
household or
adult to at least one other work activity at the
same time. If a
county department assigns a minor head of
household or adult to
the work activity established under section 5107.58
of the Revised
Code, the county department
shall assign the minor head of
household or adult to at least
one other work activity at the same
time.
A county department may not assign a minor head of household
or adult to
a work activity established under division (D)
of
section 5107.60 of the Revised
Code for more than twelve months.
(B) If a county department determines that a minor
head of
household or adult has a temporary or permanent barrier
to
participation in a work activity, it may assign the minor
head of
household or adult to one or more alternative work
activities
instead of assigning the minor head of household or
adult to one
or more work activities or developmental
activities. A county
department may not assign more than twenty
per cent of minor heads
of household and adults participating in
Ohio works first to an
alternative work activity.
County departments shall establish standards for
determining
whether a minor head of household or adult has a
temporary or
permanent barrier to participating in a work
activity. The
following are examples of circumstances that a
county department
may consider when it develops its
standards:
(1) A minor head of
household or adult provides the county
department documented
evidence that one or more members of the
assistance group have
been the victim of domestic violence and are
in imminent danger
of suffering continued domestic violence;
(2) A minor head of
household or adult is actively
participating in an alcohol or
drug addiction program certified by
the department of alcohol
and drug addiction services under
section 3793.06
of the Revised Code;
(3) An assistance group is homeless.
(C) A county department
may exempt a minor head of household
or adult who is unmarried
and caring for a minor child under
twelve months of age from the
work requirements of sections
5107.40 to 5107.69 of the Revised Code for not more than twelve
months. While exempt, the minor head of household or adult
shall
be disregarded in determining whether the county
department is
meeting the requirement of section 5107.44 of the Revised Code.
The county department
shall assign the exempt minor head of
household or adult to at
least one developmental activity for a
number of hours a week
the county department determines. The
county department may
assign the exempt minor head of household or
adult to one or
more work activities, in addition to developmental
activities,
for a number of hours the county department
determines.
Division (B) of section 5107.43
of the Revised Code
does not apply to the
exempt minor head of household or adult.
(D) A county department may reassign a minor head of
household
or adult when the county department determines
reassignment will
aid the assistance group in achieving self
sufficiency and
personal responsibility and shall make
reassignments when
circumstances requiring reassignment occur,
including when a
temporary barrier to participating in a work
activity is
eliminated.
A county department shall include assignments in the
self-sufficiency contract entered into under section 5107.14 of
the Revised Code and shall amend the
contract when a reassignment
is made to include the reassignment
in the contract.
Sec. 5107.70. A county department of job and family
services, at
times it determines, may conduct assessments of
assistance
groups participating in Ohio works first to determine
whether
any members of the group are in need of other assistance
or
services provided by the county department or other private or
government entities. Assessments may include the following:
(A) Whether any member
of the assistance group has a
substance abuse problem;
(B) Whether there are
any other circumstances that may limit
an assistance group
member's employability.
At the first assessment conducted by the county department,
it shall
inquire as to whether any member of an assistance group
is the victim of
domestic violence, including child abuse. The
county department shall provide
this information to the department
of job and
family services. The
department shall maintain the
information for statistical analysis
purposes.
The county department may refer an
assistance group member to
a private or government entity that
provides assistance or
services the county department determines
the member needs. The
entity may be a public children services
agency, chapter of
alcoholics anonymous,
narcotics anonymous, or cocaine anonymous,
or any other entity the county
department considers appropriate.
Sec. 5107.71. Each county department of job and family
services
shall do all of the following in accordance with rules
adopted under section 5107.05 of the Revised Code:
(A) Identify members of assistance groups
applying for and
participating in Ohio works first who have been subjected to
domestic violence by utilizing the domestic violence screening
process established in the rules;
(B) Refer a member who has been subjected to domestic
violence to
counseling and supportive services;
(C) Except as provided in section 5107.713 of the
Revised
Code,
maintain the confidentiality of information about a member
who has been
subjected to
domestic violence;
(D) Make a determination of whether a member who has
been
subjected to domestic violence should be issued a waiver under
section 5107.714 of the Revised Code.
Sec. 5107.711. When utilizing the domestic violence
screening process established in rules adopted under section
5107.05 of the Revised Code to identify members of assistance
groups applying for and participating in Ohio works first who have
been subjected to domestic violence, a county department of job
and family services shall do both of the following:
(A) Where available, rely on records from any of the
following:
(1) Police, courts, and other governmental entities;
(2) Shelters and legal, religious, medical, and other
professionals from whom an assistance group member sought
assistance in dealing with domestic violence;
(3) Other persons with knowledge of the domestic violence.
(B) Rely on an assistance group member's allegation of
domestic violence unless the county department has an independent,
reasonable basis to find the allegation not credible.
Sec. 5107.712. A member of an assistance group applying for
or participating in Ohio works first who is referred to counseling
or supportive services pursuant to division (B) of section 5107.71
of the Revised Code may decline the counseling, supportive
services, or both.
Sec. 5107.713. When a county department of job and family
services identifies a member of an assistance group applying for
or participating
in
Ohio works first who has been subjected to
domestic
violence,
the county department shall provide information
about the member
to
the
department of job and family services. The
department
shall maintain the information for federal reporting
and statistical analysis
purposes only.
Sec. 5107.714. A county department of job and family
services shall
issue a member of an assistance group participating
in Ohio works
first a waiver that exempts the member from a
requirement of the
Ohio works first program if the county
department determines that
the member has been subjected to
domestic violence and requiring compliance
with the requirement
would make it more difficult for the member to escape domestic
violence or unfairly penalize the member. A waiver shall specify
the particular requirement being waived. A waiver may not exempt
the member from the time limit on participating in the Ohio works
first program established by division (B) of section 5107.18 of
the Revised Code. A waiver shall be
effective for a period of time
the county department determines
necessary. The county department
shall redetermine the member's
need for the waiver not less often
than a period of time specified in rules adopted under section
5107.05 of the Revised Code.
Sec. 5107.715. A county department of job and family
services that refuses to issue a waiver under section 5107.714 of
the Revised Code for a member of an assistance group participating
in Ohio works first shall provide the member a written explanation
for the refusal. The written explanation shall be provided to the
member in a manner protecting the member's confidentiality. The
member may appeal the refusal pursuant to section 5101.35 of the
Revised Code.
Sec. 5107.716. A member of an assistance group participating
in Ohio works first may decline a waiver that would otherwise be
issued under section 5107.714 of the Revised Code and may
terminate at any time a waiver that has been issued under that
section.
Sec. 5107.717. The department of job and family services
shall monitor county departments of job and family services'
implementation of sections 5107.71 to 5107.716 of the Revised Code
to ensure that the county departments comply with those sections.
Sec. 5111.01. As used in this chapter,
"medical assistance
program" or
"medicaid" means the program that
is authorized by
this
chapter and provided by
the department
of
job and
family
services under this chapter, Title XIX of
the
"Social
Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396,
as
amended, and
the
waivers of
Title
XIX requirements
granted to
the
department by
the
health care financing
administration centers for medicare and
medicaid services of the
United
States
department of health and
human
services.
The department of job and family services shall act as the
single state agency to supervise the administration of the
medicaid program. As the single state agency, the department
shall
comply with 42 C.F.R. 431.10(e). The department's rules
governing
medicaid are binding on other agencies that administer
components
of the medicaid program. No agency may establish, by
rule or
otherwise, a policy governing medicaid that is
inconsistent with a
medicaid policy established, in rule or
otherwise, by the director
of job and family services.
(A) The department of job and family
services may provide
medical
assistance under the medicaid program
as long as
federal
funds are provided for such assistance, to the
following:
(1)
Families with children that meet either of the following
conditions:
(a) The family meets the income, resource, and
family
composition requirements in effect on
July 16, 1996, for the
former
aid to dependent children program as those requirements
were
established by Chapter 5107. of
the Revised
Code, federal
waivers granted
pursuant to requests made under former section
5101.09 of the
Revised
Code, and rules adopted by the
department
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the
"Personal
Responsibility and Work
Opportunity Reconciliation Act of 1996,"
110
Stat. 2177, 42 U.S.C.A.
1396u-1, for the purpose of
implementing section 5111.019
of the Revised Code. An adult loses
eligibility for
medical assistance medicaid
under division
(A)(1)(a)
of
this section pursuant to division
(E)(D) of section
5107.16 of
the
Revised
Code.
(b) The family does not meet the requirements
specified in
division
(A)(1)(a)
of this section but is
eligible for medical
assistance medicaid pursuant to section 5101.18 of the Revised
Code.
(2) Aged, blind, and disabled persons who meet the
following
conditions:
(a) Receive federal aid under Title XVI of the
"Social
Security Act," or are eligible for but are not receiving such
aid,
provided that the income from all other sources for
individuals
with independent living arrangements shall not exceed
one hundred
seventy-five dollars per month. The income standards
hereby
established shall be adjusted annually at the rate that is
used by
the United States department of health
and human services to
adjust the
amounts payable under Title XVI.
(b) Do not receive aid under Title XVI, but meet any of the
following
criteria:
(i) Would be eligible to receive such aid, except that
their
income, other than that excluded from consideration as
income
under Title XVI, exceeds the maximum under division
(A)(2)(a) of
this section, and incurred expenses for medical
care, as
determined under federal regulations applicable to
section 209(b)
of the
"Social Security Amendments of 1972," 86
Stat. 1381, 42
U.S.C.A. 1396a(f), as amended, equal or exceed the
amount by which
their income exceeds the maximum under division
(A)(2)(a) of this
section;
(ii) Received aid for the aged, aid to the blind, or aid
for
the permanently and totally disabled prior to January 1,
1974, and
continue to meet all the same eligibility requirements;
(iii) Are eligible for medical assistance medicaid pursuant
to
section
5101.18 of the Revised Code.
(3) Persons to whom federal law requires, as a condition
of
state participation in the medicaid program, that medical
assistance medicaid be provided;
(4) Persons under age twenty-one who meet the income
requirements for the
Ohio works first program established under
Chapter 5107. of
the
Revised Code but do not meet other
eligibility
requirements for the program.
The director shall
adopt rules in accordance with
Chapter
119. of the Revised Code
specifying which
Ohio works first requirements shall be waived for
the purpose of
providing
medicaid eligibility under division
(A)(4) of this section.
(B) If sufficient funds are appropriated for such purpose by
the
general assembly the medicaid program, the department may
provide medical assistance under the medicaid program
to
persons
in groups designated by federal law
as groups to which a
state, at
its option, may provide medical assistance
under the
medicaid
program.
(C) The department
may expand
eligibility for medical
assistance the medicaid program to include
individuals under age
nineteen with family
incomes at or below
one
hundred fifty per
cent of the federal
poverty guidelines,
except
that the
eligibility expansion shall
not occur unless the
department
receives the approval of the
federal government. The
department
may implement the eligibility
expansion authorized
under this
division on any date selected by
the department, but
not sooner
than January 1,
1998.
(D) In addition to
any other authority or requirement to
adopt rules under this
chapter, the director may adopt rules in
accordance
with
section 111.15 of the Revised
Code as the director
considers necessary to establish
standards, procedures, and other
requirements regarding the
provision of medical assistance under
the medicaid program. The
rules may establish
requirements to be
followed in applying for
medical assistance medicaid,
making
determinations of eligibility for
medical assistance medicaid, and
verifying eligibility for medical
assistance medicaid. The rules
may
include special conditions as the
department determines
appropriate for making applications,
determining eligibility,
and
verifying eligibility for any medical
assistance that the
department may provide under the medicaid program pursuant to
division
(C) of this section and section 5111.014 or 5111.019 of
the
Revised Code.
Sec. 5111.013. (A) The provision of medical assistance to
pregnant women and young children who are eligible for medical
assistance under division (A)(3) of section 5111.01 of the
Revised
Code, but who are not otherwise eligible for medical
assistance
under that section, shall be known as the healthy
start program.
(B) The department of job and family services shall do all of
the
following with regard to the application procedures for the
healthy start program:
(1) Establish a short application form for the program that
requires the
applicant to provide no more
information than is
necessary for making determinations of
eligibility for the healthy
start
program, except that the form may require applicants to
provide
their social security numbers. The form shall include a
statement, which must be signed by the applicant, indicating that
she does not choose at the time of making application for the
program to apply for assistance provided under any other program
administered by the department and that she understands that she
is permitted at any other time to apply at the county department
of
job and family services of the county in which she resides
for
any
other assistance administered by the department.
(2) To the extent permitted by federal law, do one or both
of
the following:
(a) Distribute, consistent with section 5111.0120 of the
Revised Code, the application form for the program to
each public
or private entity that serves as a women, infants,
and children
clinic or as a child and family health clinic and to
each
administrative body for such clinics and train employees of
each
such agency or entity to provide applicants assistance in
completing the form;
(b) In cooperation with the department of health, develop
arrangements under which employees of county departments of
job
and family services
are stationed at public or private agencies or
entities
selected by the department of job and family services
that
serve as women,
infants, and children clinics; child and
family health clinics;
or administrative bodies for such clinics
for the purpose both of
assisting applicants for the program in
completing the
application form and of making determinations at
that location of
eligibility for the program.
(3) Establish performance standards by which a county
department of
job and family services' level of enrollment of
persons
potentially eligible for the program
can be measured, and
establish acceptable levels of enrollment for each county
department.
(4) Direct any county department of job and family
services
whose
rate of enrollment of potentially eligible enrollees in
the
program is below acceptable levels established under division
(B)(3) of this section to implement corrective action. Corrective
action may
include but is not limited to any one or more of the
following to
the extent permitted by federal law:
(a) Establishing formal referral and outreach methods with
local health departments and local entities receiving funding
through the bureau of maternal and child health;
(b) Designating a specialized intake unit within the
county
department
for healthy start applicants;
(c) Establishing abbreviated timeliness requirements to
shorten the time between receipt of an application and the
scheduling of an initial application interview;
(d) Establishing a system for telephone scheduling of
intake
interviews for applicants;
(e) Establishing procedures to minimize the time an
applicant
must spend in completing the application and
eligibility
determination process, including permitting
applicants to complete
the process at times other than the
regular business hours of the
county department
and at locations other than the offices of the
county
department.
(C) To the extent permitted by federal law, local funds,
whether from public or private sources, expended by a county
department
for administration of the healthy start program shall
be considered to
have
been
expended by the state for the purpose
of determining the extent
to which the state has complied with any
federal requirement that
the state provide funds to match federal
funds for medical
assistance, except that this division shall not
affect the amount
of funds the county is entitled to
receive under
section 5101.16, 5101.161, or
5111.012 of the Revised
Code.
(D) The director of job and family services shall do one or
both of
the following:
(1) To the extent that federal funds are provided for such
assistance, adopt a plan for granting presumptive eligibility for
pregnant women applying for healthy start;
(2) To the extent permitted by federal medicaid
regulations,
adopt a plan for making same-day determinations of
eligibility for
pregnant women applying for healthy start.
(E) A county department of job and family services
that
maintains offices at more
than one location shall accept
applications for the healthy start program
at all of those
locations.
(F) The director of job and family services shall adopt
rules
in
accordance with section 111.15 of the Revised Code as necessary
to implement this section.
Sec. 5111.014. (A) The director of job and family
services
shall submit
to the United States secretary of health and human
services
an amendment to the state medicaid plan to make an
individual who meets all
of the following requirements eligible
for medicaid:
(1) The individual is pregnant;
(2) The individual's family income does
not exceed one two
hundred fifty per
cent of the federal poverty
guidelines;
(3) The individual satisfies all relevant requirements
established by
rules adopted under division (D) of section 5111.01
of the Revised Code.
(B) If approved by the United States secretary
of health and
human services, the director of job and
family services shall
implement
the medicaid plan amendment submitted under division (A)
of this
section as soon as possible after receipt of notice of the
approval, but not
sooner than January 1, 2000 2008.
Sec. 5111.016. (A) As used in this section, "healthcheck" has
the same meaning as in section 3313.714 of the Revised Code.
(B) In accordance with federal law and regulations, the The
department of job and family services shall establish adopt rules
in accordance with Chapter 119. of the Revised Code establishing a
combination of
written and oral methods designed to provide
information about
healthcheck to all persons eligible for the
program or their
parents or guardians. The department shall ensure
that its
methods of providing information are effective. The
methods shall comply with federal law and regulations.
Each county department of job and family services or other
entity
that distributes or accepts applications for medical
assistance
shall prominently display in a conspicuous place the
following
notice:
"Under state and federal law, if you are a Medicaid
recipient, your child is entitled to a thorough medical
examination provided through Healthcheck. Once this examination
is
completed, your child is entitled to receive, at no cost to
you,
any service determined to be medically necessary." that complies
with the rules adopted under this division.
Sec. 5111.017. (A) To the extent permitted by federal law,
and beginning July 1, 2009, county departments of job and family
services that accept documents related to applications for the
medicaid program shall convert such documents to an electronic
format and store them electronically.
(B) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code, as necessary,
to implement this section. At a minimum, the director shall adopt
rules to address both of the following:
(1) The manner in which the copies of the documents that are
not electronic copies must be disposed of. The manner specified
must not compromise the confidentiality of the information
contained in the documents.
(2) The measures county departments must take to maintain the
confidentiality of the information contained in the documents that
are stored electronically.
(C) Not later than the thirtieth day of June each year, each
county department shall calculate the total expenses the county
incurred in the state fiscal year ending in the previous calendar
year to comply with the requirements in this section.
Sec. 5111.019. (A) The director of job and family
services
shall submit
to the United States secretary of health and human
services
an
amendment to the state medicaid plan to make an
individual eligible for medicaid who meets all of
the following
requirements eligible
for medicaid for the
amount of time provided
by division (B) of
this section:
(1)(A) The individual is the parent of a child under nineteen
years
of age and resides with the child;
(2)(B) The individual's family
income does not exceed
ninety per cent of the federal poverty
guidelines;
(3)(C) The individual is not otherwise eligible for medicaid;
(4)(D) The individual satisfies all relevant requirements
established by rules adopted under division (D) of section 5111.01
of the Revised Code.
(B) An individual is eligible to receive medicaid under this
section for a period that does not exceed two years beginning on
the date
on which eligibility is established.
Sec. 5111.0111.
(A) The director of job and family
services
may shall
submit
to the United States secretary of health and
human
services
an amendment to the state medicaid plan to
implement 42 U.S.C. 1396a (a)(10)(A)(ii)(XVII) to make an
individual
receiving who meets all of the following requirements
eligible for medicaid:
(1) The individual is under twenty-one years of age;
(2) The individual was in foster care under the
responsibility of the state on the individual's eighteenth
birthday;
(3) Foster care maintenance payments or independent living
services pursuant to
sections 2151.81
to 2151.84 of the Revised
Code eligible for
medicaid were furnished under a program funded
under Title IV-E of the Social Security Act of 1935 on the
individual's behalf before the individual attained eighteen years
of age;
(4) The individual meets all other applicable eligibility
requirements established in rules adopted under section 5111.011
of the Revised Code. If
(B) If approved
by the United States secretary
of health and
human services, the
director of job and
family services shall
implement
the medicaid
plan amendment submitted under this
section
beginning January 1, 2008.
Sec. 5111.0112. (A) Not later than July 1, 2006, the The
director of job and family services
shall
institute a copayment
cost-sharing program under the medicaid program. To the extent
permitted by federal law, the copayment In instituting the
cost-sharing program, the director shall comply with federal law.
In the
case of an individual participating in the children's
buy-in
program established under sections 5101.5211
to
5101.5216 of the
Revised Code, the cost-sharing program shall be
consistent with
sections 5101.5213 and 5101.5214 of the Revised
Code if the
children's buy-in program is a component of the
medicaid
program.
The cost-sharing program shall establish a
copayment requirement
for only at least dental services, vision
services, nonemergency
emergency department services, and
prescription drugs, other than
generic drugs. The cost-sharing
program shall establish
requirements regarding premiums,
enrollment fees, deductions, and
similar charges. The
director
shall adopt rules under section
5111.02 of the
Revised Code
governing the
copayment cost-sharing program.
(B) The copayment cost-sharing program shall, to the extent
permitted by federal law, provide for all of the following with
regard to any providers participating in the medicaid program:
(1) No provider shall refuse to provide a service to a
medicaid recipient who is unable to pay a required copayment for
the service.
(2) Division (B)(1) of this section shall not be considered
to do either of the following with regard to a medicaid recipient
who is unable to pay a required copayment:
(a) Relieve the medicaid recipient from the obligation to pay
a copayment;
(b) Prohibit the provider from attempting to collect an
unpaid copayment.
(3) Except as provided in division (C) of this section, no
provider shall waive a medicaid recipient's obligation to pay the
provider a copayment.
(4) No provider or drug manufacturer, including the
manufacturer's representative, employee, independent contractor,
or agent, shall pay any copayment on behalf of a medicaid
recipient.
(5) If it is the routine business practice of the provider to
refuse service to any individual who owes an outstanding debt to
the provider, the provider may consider an unpaid copayment
imposed by the copayment cost-sharing program as an outstanding
debt and may refuse service to a medicaid recipient who owes the
provider an outstanding debt. If the provider intends to refuse
service to a medicaid recipient who owes the provider an
outstanding debt, the provider shall notify the individual of the
provider's intent to refuse services.
(C) In the case of a provider that is a hospital, the
copayment cost-sharing program shall permit the hospital to take
action to collect a copayment by providing, at the time services
are rendered to a medicaid recipient, notice that a copayment may
be owed. If the hospital provides the notice and chooses not to
take any further action to pursue collection of the copayment, the
prohibition against waiving copayments specified in division
(B)(3) of this section does not apply.
(D) The department of job and family services may work with a
state agency that is administering, pursuant to a contract entered
into under section 5111.91 of the Revised Code, one or more
components of the medicaid program or one or more aspects of a
component as necessary for the state agency to apply the
cost-sharing program to the components or aspects of the medicaid
program that the state agency administers.
Sec. 5111.0120. To the extent permitted by federal law, and
beginning July 1, 2009, applications for the medicaid program
shall be submitted through the internet or by other electronic
means.
The director of job and family services shall adopt rules
under Chapter 119. of the Revised Code, as necessary, to implement
this section. At a minimum, the director must adopt rules that
specify measures county departments of job and family services
must take to ensure that the applications can be transmitted and
received in a manner that maintains the confidentiality of
information contained in them.
Sec. 5111.023. (A) As used in this section:
(1) "Community mental health facility" means a community
mental health facility that has a quality assurance program
accredited by the joint commission on accreditation of healthcare
organizations or is certified by the department of mental health
or department of job and family services.
(2) "Mental health professional" means a person qualified to
work with mentally ill persons under the standards established by
the director of mental health pursuant to section 5119.611 of the
Revised Code.
(B) The state medicaid plan shall include provision of the
following mental health services when provided by community mental
health facilities:
(1) Outpatient mental health services, including, but not
limited to, preventive, diagnostic, therapeutic, rehabilitative,
and palliative interventions rendered to individuals in an
individual or group setting by a mental health professional in
accordance with a plan of treatment appropriately established,
monitored, and reviewed;
(2) Partial-hospitalization mental health services of
three
to fourteen hours per service day, rendered by persons
directly
supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a
kind
ordinarily provided to persons in crisis when rendered by
persons
supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive
community treatment and intensive home-based mental health
services.
(C) The comprehensive annual plan shall certify the
availability of sufficient unencumbered community mental health
state subsidy and local funds to match federal medicaid
reimbursement
funds earned by community mental health facilities.
(D) The department of job and family services
shall
enter
into a separate contract with the department of mental
health
under section 5111.91 of the Revised Code with regard to the
component of the medicaid program provided for by this section.
(E) Not later than July 21, 2006, the department of job and
family services shall request federal approval to provide
assertive community treatment and intensive home-based mental
health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (E)
of this section, the director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
for assertive community treatment and intensive home-based mental
health services provided under medicaid pursuant to this section.
The director shall consult with the department of mental health in
adopting the rules.
Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised
Code, the director of job and family services shall adopt rules
establishing procedures for the use of time-limited provider
agreements under the
medicaid program. Except as provided in
division (E) of this section, all provider agreements shall be
time-limited in accordance with the procedures established in the
rules.
The department of job and family services shall phase-in the
use of time-limited provider agreements pursuant to this section
during a period commencing not later than January 1, 2008, and
ending January 1, 2011.
(B) In the use of time-limited provider agreements pursuant
to this section, all of the following apply:
(1) Each provider agreement shall
expire not later than
three years from the effective date of the agreement.
(2) During the phase-in period specified in division (A) of
this section, the department may provide for the conversion of a
provider agreement without a time limit to a provider agreement
with a time limit. The department may take an action to convert
the provider agreement by sending a notice by regular mail to the
address of the provider on record with the department advising the
provider of the conversion.
(3) The department may make the effective date of a provider
agreement retroactive for a period not to exceed one year from the
date of the provider's application for the agreement, as long as
the provider met all medicaid program requirements during that
period.
(C) The rules for
use of time-limited provider agreements
pursuant to this section
shall include a process for re-enrollment
of providers. All of the
following apply to the re-enrollment
process:
(1) The department of job and family services may terminate a
time-limited provider
agreement or deny re-enrollment when a
provider fails to file an
application for re-enrollment within
the time and in the manner
required under the re-enrollment
process.
(2) If a provider files an application for re-enrollment
within the time and in the manner required under the re-enrollment
process, but the provider agreement expires before the department
acts on the application or before the effective date of the
department's decision on the application, the provider may
continue operating under the terms of the expired provider
agreement until the effective date of the department's decision.
(3) A decision by the department to approve an application
for re-enrollment becomes effective on the date of the
department's decision. A decision by the department to deny
re-enrollment shall take effect not sooner than thirty days after
the date the department mails written notice of the decision to
the provider. The department shall specify in the notice the date
on which the provider is required to cease operating under the
provider agreement.
(D) Pursuant to section 5111.06 of the Revised Code, the
department is not required to take the actions specified in
division (C)(1) of this section by issuing an order pursuant to an
adjudication conducted in accordance with Chapter 119. of the
Revised Code.
(E) The use of time-limited provider agreements pursuant to
this section does not apply to provider agreements issued to the
following, including any provider agreements issued to the
following that are otherwise time-limited under the medicaid
program:
(1) A managed care organization under contract with the
department pursuant to section 5111.17 of the Revised Code;
(2) A nursing facility, as defined in section 5111.20 of the
Revised Code;
(3) An intermediate care facility for the mentally retarded,
as defined in section 5111.20 of the Revised Code.
Sec. 5111.029. The medicaid program shall cover occupational
therapy services provided by an occupational therapist licensed
under section 4755.08 of the Revised Code. Coverage shall not be
limited to services provided in a hospital or nursing facility.
Any licensed occupational therapist may enter into a medicaid
provider agreement with the department of job and family services
to provide occupational therapy services under the medicaid
program.
Sec. 5111.03. (A) No provider of services or goods
contracting with the department of job and family services
pursuant to the
medicaid program shall, by deception, obtain or
attempt to obtain
payments under this chapter to which the
provider is not entitled
pursuant to the provider agreement, or
the rules of the federal
government or the department of job and
family
services relating to
the program. No provider shall
willfully receive payments to
which the provider is not entitled,
or willfully receive payments
in a greater amount than that to
which the provider is entitled;
nor shall any provider falsify any
report or document required by
state or federal law, rule, or
provider agreement relating to
medicaid payments. As used in this
section, a provider engages
in "deception" when the provider,
acting with actual knowledge of
the representation or information
involved, acting in deliberate
ignorance of the truth or falsity
of the representation or
information involved, or acting in
reckless disregard of the
truth or falsity of the representation
or information involved,
deceives another or causes another to be
deceived by any false or
misleading representation, by withholding
information, by
preventing another from acquiring information, or
by any other
conduct, act, or omission that creates, confirms, or
perpetuates
a false impression in another, including a false
impression as to
law, value, state of mind, or other objective or
subjective fact.
No proof of specific intent to defraud is
required to show, for
purposes of this section, that a provider
has engaged in
deception.
(B) Any provider who violates division (A) of this section
shall be liable, in addition to any other penalties provided by
law, for all of the following civil penalties:
(1) Payment of interest on the amount of the excess
payments
at the maximum interest rate allowable for real estate
mortgages
under section 1343.01 of the Revised Code on the date
the payment
was made to the provider for the period from the date
upon which
payment was made, to the date upon which repayment is
made to the
state;
(2) Payment of an amount equal to three times the amount
of
any excess payments;
(3) Payment of a sum of not less than five thousand
dollars
and not more than ten thousand dollars for each deceptive
claim or
falsification;
(4) All reasonable expenses which the court determines
have
been necessarily incurred by the state in the enforcement of
this
section.
(C) As used in this division, "intermediate care facility for
the mentally retarded" and "nursing facility" have the same
meanings given in section 5111.20 of the Revised Code.
In addition to the civil penalties provided in
division (B)
of this section, the director of job and family services,
upon the
conviction of, or the entry of a judgment in either a
criminal or
civil action against, a medicaid provider or its
owner, officer,
authorized agent, associate, manager, or employee
in an action
brought pursuant to section 109.85 of the Revised
Code, shall
terminate the provider agreement between the
department and the
provider and stop reimbursement to the
provider for services
rendered for a period of up to five years
from the date of
conviction or entry of judgment. As used in
this chapter division,
"owner" means any person having at least five per
cent ownership
in the medicaid provider. No such provider,
owner, officer,
authorized agent, associate, manager, or employee
shall own or
provide services to any other medicaid provider or
risk contractor
or arrange for, render, or order services for
medicaid recipients
during the period of termination as provided
in division (C) of
this section, nor, during the period of
termination as provided in
division (C) of this section, shall
such provider, owner, officer,
authorized agent, associate, manager, or
employee receive
reimbursement in the form of direct payments from the
department
or indirect payments of medicaid funds in the form of
salary,
shared fees, contracts, kickbacks, or rebates from or
through any
participating provider or risk contractor. The
provider agreement
shall not be terminated or reimbursement
terminated if the
provider or owner can demonstrate that the
provider or owner did
not directly or indirectly sanction the
action of its authorized
agent, associate, manager, or employee
that resulted in the
conviction or entry of a judgment in a
criminal or civil action
brought pursuant to section 109.85 of
the Revised Code. Nothing in
this division prohibits any owner,
officer, authorized agent,
associate, manager, or employee of a
medicaid provider from
entering into a medicaid provider
agreement if the person can
demonstrate that the
person had no knowledge of an action of the
medicaid provider
the person was formerly associated with that
resulted in the conviction
or entry of a judgment in a criminal or
civil action brought pursuant to
section 109.85 of the Revised
Code.
Nursing facility or intermediate care facility for the
mentally retarded providers whose agreements are terminated
pursuant to this
section may continue to receive reimbursement for
up to thirty
days after the effective date of the termination if
the provider
makes reasonable efforts to transfer recipients to
another
facility or to alternate care and if federal funds are
provided
for such reimbursement.
(D) For any reason permitted or required by federal law, the
director of job and family services may deny a provider agreement
or terminate a provider agreement.
For any reason permitted or required by federal law, the
director may exclude an individual, provider of services or goods,
or other entity from participation in the medicaid program. No
individual, provider, or entity excluded under this division shall
own or provide services to any other medicaid provider or risk
contractor or arrange for, render, or order services for medicaid
recipients during the period of exclusion, nor, during the period
of exclusion, shall such individual, provider, or entity receive
reimbursement in the form of direct payments from the department
or indirect payments of medicaid funds in the form of salary,
shared fees, contracts, kickbacks, or rebates from or through any
participating provider or risk contractor. An excluded individual,
provider, or entity may request a reconsideration of the
exclusion. The director shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the process for
requesting a reconsideration.
Nothing in this division limits the applicability of section
5111.06 of the Revised Code to a medicaid provider.
(E) Any provider of services or goods contracting with the
department of job and family services pursuant to Title XIX of the
"Social
Security Act," who, without intent, obtains payments under
this
chapter in excess of the amount to which the provider is
entitled, thereby becomes liable for payment of interest on the
amount of the excess payments at the maximum real estate mortgage
rate on the date the payment was made to the provider for the
period from the date upon which payment was made to the date upon
which repayment is made to the state.
(E)(F) The attorney general on behalf of the state may
commence proceedings to enforce this section in any court of
competent jurisdiction; and the attorney general may settle or
compromise any case brought under this section with the approval
of the department of job and family services. Notwithstanding any
other
provision of law providing a shorter period of limitations,
the
attorney general may commence a proceeding to enforce this
section at any time within six years after the conduct in
violation of this section terminates.
(F)(G) The authority, under state and federal law, of the
department of job and family services or a county
department of
job and family services to recover excess
payments made to a
provider is not
limited by the availability of remedies under
sections 5111.11
and 5111.12 of the Revised Code for recovering
benefits paid on
behalf of recipients of medical assistance.
The penalties under this chapter apply to any overpayment,
billing, or falsification occurring on and after April 24, 1978.
All moneys collected by the state pursuant to this section shall
be deposited in the state treasury to the credit of the general
revenue fund.
Sec. 5111.031. (A) As used in this section:
(1) "Independent provider" has the same meaning as in section
5111.034 of the Revised Code.
(2) "Intermediate care facility for the mentally retarded"
and "nursing facility" have the same meanings as in section
5111.20 of the Revised Code.
(3) "Noninstitutional medicaid provider" means any person or
entity with a medicaid provider agreement other than a hospital,
nursing facility, or intermediate care facility for the mentally
retarded.
(4) "Owner" means any person having at least five per cent
ownership in a noninstitutional medicaid provider.
(B) Notwithstanding any provision of this chapter to the
contrary, the department of job and family services shall take
action under this section against a noninstitutional medicaid
provider or its owner, officer, authorized agent, associate,
manager, or employee.
(C) Except as provided in division (D) of this section and in
rules adopted by the department under division (H) of this
section, on receiving notice and a copy of an indictment that is
issued on or after the effective date of this section and charges
a noninstitutional medicaid provider or its owner, officer,
authorized agent, associate, manager, or employee with committing
an offense specified in division (E) of this section, the
department shall suspend the provider agreement held by the
noninstitutional medicaid provider. Subject to division (D) of
this section, the department shall also terminate medicaid
reimbursement to the provider for services rendered.
The suspension shall continue in effect until the proceedings
in the criminal case are completed through conviction, dismissal
of the indictment, plea, or finding of not guilty. If the
department commences a process to terminate the suspended provider
agreement, the suspension shall continue in effect until the
termination process is concluded. Pursuant to section 5111.06 of
the Revised Code, the department is not required to take action
under this division by issuing an order pursuant to an
adjudication conducted in accordance with Chapter 119. of the
Revised Code.
When subject to a suspension under this division, a provider,
owner, officer, authorized agent, associate, manager, or employee
shall not own or provide services to any other medicaid provider
or risk contractor or arrange for, render, or order services for
medicaid recipients during the period of suspension. During the
period of suspension, the provider, owner, officer, authorized
agent, associate, manager, or employee shall not receive
reimbursement in the form of direct payments from the department
or indirect payments of medicaid funds in the form of salary,
shared fees, contracts, kickbacks, or rebates from or through any
participating provider or risk contractor.
(D)(1) The department shall not suspend a provider agreement
or terminate medicaid reimbursement under division (C) of this
section if the provider or owner can demonstrate that the provider
or owner did not directly or indirectly sanction the action of its
authorized agent, associate, manager, or employee that resulted in
the indictment.
(2) The termination of medicaid reimbursement applies only to
payments for medicaid services rendered subsequent to the date on
which the notice required under division (F) of this section is
sent. Claims for reimbursement for medicaid services rendered by
the provider prior to the issuance of the notice may be subject to
prepayment review procedures whereby the department reviews claims
to determine whether they are supported by sufficient
documentation, are in compliance with state and federal statutes
and rules, and are otherwise complete.
(E)(1) In the case of a noninstitutional medicaid provider
that is not an independent provider, the suspension of a provider
agreement under division (C) of this section applies when an
indictment charges a person with committing an act that would be a
felony or misdemeanor under the laws of this state and the act
relates to or results from either of the following:
(a) Furnishing or billing for medical care, services, or
supplies under the medicaid program;
(b) Participating in the performance of management or
administrative services relating to furnishing medical care,
services, or supplies under the medicaid program.
(2) In the case of a noninstitutional medicaid provider that
is an independent provider, the suspension of a provider agreement
under division (C) of this section applies when an indictment
charges a person with committing an act that would constitute one
of the offenses specified in division (D) of section 5111.034 of
the Revised Code.
(F) Not later than five days after suspending a provider
agreement under division (C) of this section, the department shall
send notice of the suspension to the affected provider or owner.
In providing the notice, the department shall do all of the
following:
(1) Describe the indictment that was the cause of the
suspension, without necessarily disclosing specific information
concerning any ongoing civil or criminal investigation;
(2) State that the suspension will continue in effect until
the proceedings in the criminal case are completed through
conviction, dismissal of the indictment, plea, or finding of not
guilty and, if the department commences a process to terminate the
suspended provider agreement, until the termination process is
concluded;
(3) Inform the provider or owner of the opportunity to submit
to the department, not later than thirty days after receiving the
notice, a request for a reconsideration pursuant to division (G)
of this section.
(G)(1) A noninstitutional medicaid provider or owner subject
to a suspension under this section may request a reconsideration.
The request shall be made not later than thirty days after receipt
of the notice provided under division (F) of this section. The
reconsideration is not subject to an adjudication hearing pursuant
to Chapter 119. of the Revised Code.
(2) In requesting a reconsideration, the provider or owner
shall submit written information and documents to the department.
The information and documents may pertain to any of the following
issues:
(a) Whether the determination to suspend the provider
agreement was based on a mistake of fact, other than the validity
of the indictment;
(b) Whether any offense charged in the indictment resulted
from an offense specified in division (E) of this section;
(c) Whether the provider or owner can demonstrate that the
provider or owner did not directly or indirectly sanction the
action of its authorized agent, associate, manager, or employee
that resulted in the indictment.
(3) The department shall review the information and documents
submitted in a request for reconsideration. After the review, the
suspension may be affirmed, reversed, or modified, in whole or in
part. The department shall notify the affected provider or owner
of the results of the review. The review and notification of its
results shall be completed not later than forty-five days after
receiving the information and documents submitted in a request for
reconsideration.
(H) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department would not suspend
a provider agreement pursuant to this section.
Sec. 5111.032. (A) As used in this section:
(1) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(2) "Department" includes a designee of the department of job
and family services.
(3) "Owner" means a person who has an ownership interest in a
provider in an amount designated by the department of job and
family services in rules adopted under this section.
(4) "Provider" means a person, institution, or entity that
has a provider agreement with the department of job and family
services pursuant to Title XIX of the "Social Security Act," 49
State. 620 (1965), 42 U.S.C. 1396, as amended.
(B)(1) Except as provided in division (B)(2) of this section,
the department of job and family services may require that any
provider, applicant to be a provider, employee or prospective
employee of a provider, owner or prospective owner of a provider,
officer or prospective officer of a provider, or board member or
prospective board member of a provider submit to a criminal
records check as a condition of obtaining a provider agreement,
continuing to hold a provider agreement, being employed by a
provider, having an ownership interest in a provider, or being an
officer or board member of a provider. The department may
designate the categories of persons who are subject to the
criminal records check requirement. The department shall designate
the times at which the criminal records checks must be conducted.
(2) The section does not apply to providers, applicants to be
providers, employees of a provider, or prospective employees of a
provider who are subject to criminal records checks under section
5111.033 or 5111.034 of the Revised Code.
(C)(1) The department shall inform each provider or applicant
to be a provider whether the provider or applicant is subject to a
criminal records check requirement under division (B) of this
section. For providers, the information shall be given at times
designated in rules adopted under this section. For applicants to
be providers, the information shall be given at the time of
initial application. When the information is given, the department
shall specify which of the provider's or applicant's employees or
prospective employees, owners or prospective owners, officers or
prospective officers, or board members or prospective board
members are subject to the criminal records check requirement.
(2) At times designated in rules adopted under this section,
a provider that is subject to the criminal records check
requirement shall inform each person specified by the department
under division (C)(1) of this section that the person is required,
as applicable, to submit to a criminal records check for final
consideration for employment in a full-time, part-time, or
temporary position; as a condition of continued employment; or as
a condition of becoming or continuing to be an officer, board
member or owner of a provider.
(D)(1) If a provider or applicant to be a provider is subject
to a criminal records check under this section, the department
shall require the conduct of a criminal records check by the
superintendent of the bureau of criminal identification and
investigation. If a provider or applicant to be a provider for
whom a criminal records check is required does not present proof
of having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is
requested or provide evidence that within that five-year period
the superintendent has requested information about the individual
from the federal bureau of investigation in a criminal records
check, the department shall require the provider or applicant to
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the provider or applicant. Even if a provider or
applicant for whom a criminal records check request is required
presents proof of having been a resident of this state for the
five-year period, the department may require that the provider or
applicant request that the superintendent obtain information from
the federal bureau of investigation and include it in the criminal
records check of the provider or applicant.
(2) A provider shall require the conduct of a criminal
records check by the superintendent with respect to each of the
persons specified by the department under division (C)(1) of this
section. If the person for whom a criminal records check is
required does not present proof of having been a resident of this
state for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent of the bureau of
criminal identification and investigation has requested
information about the individual from the federal bureau of
investigation in a criminal records check, the individual shall
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the individual. Even if an individual for whom a criminal
records check request is required presents proof of having been a
resident of this state for the five-year period, the department
may require the provider to request that the superintendent obtain
information from the federal bureau of investigation and include
it in the criminal records check of the person.
(E)(1) Criminal records checks required under this section
for providers or applicants to be providers shall be obtained as
follows:
(a) The department shall provide each provider or applicant
information about accessing and completing the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and the standard fingerprint impression sheet prescribed pursuant
to division (C)(2) of that section.
(b) The provider or applicant shall submit the required form
and one complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The applicant or provider
shall pay all fees associated with obtaining the criminal records
check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
provider or applicant shall instruct the superintendent to submit
the report of the criminal records check directly to the director
of job and family services.
(2) Criminal records checks required under this section for
persons specified by the department under division (C)(1) of this
section shall be obtained as follows:
(a) The provider shall give to each person subject to
criminal records check requirement information about accessing and
completing the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section.
(b) The person shall submit the required form and one
complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The person shall pay all fees
associated with obtaining the criminal records check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
person subject to the criminal records check shall instruct the
superintendent to submit the report of the criminal records check
directly to the provider. The department may require the provider
to submit the report to the department.
(F) If a provider or applicant to be a provider is given the
information specified in division (E)(1)(a) of this section but
fails to obtain a criminal records check, the department shall, as
applicable, terminate the provider agreement or deny the
application to be a provider.
If a person is given the information specified in division
(E)(2)(a) of this section but fails to obtain a criminal records
check, the provider shall not, as applicable, permit the person to
be an employee, owner, officer, or board member of the provider.
(G) Except as provided in rules adopted under division (J) of
this section, the department shall terminate the provider
agreement of a provider or the department shall not issue a
provider agreement to an applicant if the provider or applicant is
subject to a criminal records check under this section and the
provider or applicant has been convicted of, has pleaded guilty
to, or has been found eligible for intervention in lieu of
conviction for any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(2) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (D)(1) of this section.
(H)(1)(a) Except as provided in rules adopted under division
(J) of this section and subject to division (H)(2) of this
section, no provider shall permit a person to be an employee,
owner, officer, or board member of the provider if the person is
subject to a criminal records check under this section and the
person has been convicted of, has pleaded guilty to, or has been
found eligible for intervention in lieu of conviction for any of
the offenses specified in division (G)(1) or (2) of this section.
(b) No provider shall employ a person who has been excluded
from participating in the medicaid program, the medicare program
operated pursuant to Title XVIII of the "Social Security Act," or
any other federal health care program.
(2)(a) A provider may employ conditionally a person for whom
a criminal records check is required under this section prior to
obtaining the results of a criminal records check regarding the
person, but only if the person submits a request for a criminal
records check not later than five business days after the
individual begins conditional employment.
(b) A provider that employs a person conditionally under
authority of division (H)(2)(a) of this section shall terminate
the person's employment if the results of the criminal records
check request are not obtained within the period ending sixty days
after the date the request is made. Regardless of when the results
of the criminal records check are obtained, if the results
indicate that the individual has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section, the provider shall terminate the person's
employment unless the provider chooses to employ the individual
pursuant to division (J) of this section.
(I) The report of a criminal records check conducted pursuant
to this section is not a public record for the purposes of section
149.43 of the Revised Code and shall not be made available to any
person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) The director of job and family services and the staff of
the department in the administration of the medicaid program;
(3) A court, hearing officer, or other necessary individual
involved in a case dealing with the denial or termination of a
provider agreement;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a person's denial of employment,
termination of employment, or employment or unemployment benefits.
(J) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department may continue a
provider agreement or issue a provider agreement to an applicant
when the provider or applicant has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section. The rules may also specify circumstances
under which a provider may permit a person to be an employee,
owner, officer, or board member of the provider, when the person
has been convicted of, has pleaded guilty to, or has been found
eligible for intervention in lieu of conviction for any of the
offenses specified in division (G)(1) or (2) of this section.
Sec. 5111.95 5111.033. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment or, after the effective date of this
section September 26, 2003, an existing employee with a waiver
agency in a full-time, part-time, or temporary position that
involves providing home and community-based waiver services to a
person with disabilities. "Applicant" also means an existing
employee with a waiver agency in a full-time, part-time, or
temporary position that involves providing home and
community-based waiver services to a person with disabilities
after the effective date of this section September 26, 2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Waiver agency" means a person or government entity that
is not certified under the medicare program and is accredited by
the community health accreditation program or the joint commission
on accreditation of health care organizations or a company that
provides home and community-based waiver services to persons with
disabilities through department of job and family services
administered home and community-based waiver programs.
(4) "Home and community-based waiver services" means services
furnished under the provision of 42 C.F.R. 441, subpart G, that
permit individuals to live in a home setting rather than a nursing
facility or hospital. Home and community-based waiver services are
approved by the centers for medicare and medicaid for specific
populations and are not otherwise available under the medicaid
state plan.
(B)(1) The chief administrator of a waiver agency shall
require each applicant to request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each the applicant. If an
applicant for whom a criminal records check request is required
under this division does not present proof of having been a
resident of this state for the five-year period immediately prior
to the date the criminal records check is requested or provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau
of investigation in a criminal records check, the chief
administrator shall require the applicant to request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal records check
request is required under this division presents proof of having
been a resident of this state for the five-year period, the chief
administrator may require the applicant to request that the
superintendent include information from the federal bureau of
investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to
request a criminal records check The chief administrator shall do
both of provide the following:
(a) Provide to each applicant for whom a criminal records
check request is required under division (B)(1) of this section a
copy of:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section, and obtain the completed form and impression sheet from
the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation Written notification that the applicant is to
instruct the superintendent to submit the completed report of the
criminal records check directly to the chief administrator.
(3) An applicant provided the form and fingerprint impression
sheet under division (B)(2)(a) of this section who fails to
complete the form or provide fingerprint impressions given
information and notification under divisions (B)(2)(a) and (b) of
this section who fails to access, complete, and forward to the
superintendent the form or the standard fingerprint impression
sheet, or who fails to instruct the superintendent to submit the
completed report of the criminal records check directly to the
chief administrator, shall not be employed in any position in a
waiver agency for which a criminal records check is required by
this section.
(C)(1) Except as provided in rules adopted by the department
of job and family services in accordance with division (F) of this
section and subject to division (C)(2) of this section, no waiver
agency shall employ a person in a position that involves providing
home and community-based waiver services to persons with
disabilities if the person has been convicted of or, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (C)(1)(a) of this section.
(2)(a) A waiver agency may employ conditionally an applicant
for whom a criminal records check request is required under
division (B) of this section prior to obtaining the results of a
criminal records check regarding the individual, provided that the
agency shall require the individual to request a criminal records
check regarding the individual in accordance with division (B)(1)
of this section not later than five business days after the
individual begins conditional employment.
(b) A waiver agency that employs an individual conditionally
under authority of division (C)(2)(a) of this section shall
terminate the individual's employment if the results of the
criminal records check request under division (B) of this section,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the
period ending sixty days after the date the request is made.
Regardless of when the results of the criminal records check are
obtained, if the results indicate that the individual has been
convicted of or, has pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of the offenses
listed or described in division (C)(1) of this section, the agency
shall terminate the individual's employment unless the agency
chooses to employ the individual pursuant to division (F) of this
section.
(D)(1) Each waiver agency shall pay to the bureau of criminal
identification and investigation the The fee prescribed pursuant
to division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted pursuant to a request made under
division (B) of this section shall be paid to the bureau of
criminal identification and investigation by the applicant or the
waiver agency.
(2) A If a waiver agency pays the fee, it may charge an the
applicant a fee not exceeding the amount the agency pays under
division (D)(1) of this section. An agency may collect a fee only
if the agency notifies the person at the time of initial
application for employment of the amount of the fee and that,
unless the fee is paid, the person will not be considered for
employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records
check or the individual's representative;
(2) The chief administrator of the agency requesting the
criminal records check or the administrator's representative;
(3) An administrator at the department;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a denial of employment of the
applicant or dealing with employment or unemployment benefits of
the applicant.
(F) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which a waiver agency may
employ a person who has been convicted of or, has pleaded guilty
to, or has been found eligible for intervention in lieu of
conviction for an offense listed or described in division (C)(1)
of this section but meets personal character standards set by the
department.
(G) The chief administrator of a waiver agency shall inform
each person, at the time of initial application for a position
that involves providing home and community-based waiver services
to a person with a disability, that the person is required to
provide a set of fingerprint impressions and that a criminal
records check is required to be conducted if the person comes
under final consideration for employment.
(H)(1) A person who, on the effective date of this section
September 26, 2003, is an employee of a waiver agency in a
full-time, part-time, or temporary position that involves
providing home and community-based waiver services to a person
with disabilities shall comply with this section within sixty days
after the effective date of this section September 26, 2003,
unless division (H)(2) of this section applies.
(2) This section shall not apply to a person to whom all of
the following apply:
(a) On the effective date of this section September 26, 2003,
the person is an employee of a waiver agency in a full-time,
part-time, or temporary position that involves providing home and
community-based waiver services to a person with disabilities.
(b) The person previously had been the subject of a criminal
background check relating to that position;
(c) The person has been continuously employed in that
position since that criminal background check had been conducted.
Sec. 5111.96 5111.034. (A) As used in this section:
(1) "Anniversary date" means the later of the effective date
of the provider agreement relating to the independent provider or
sixty days after the effective date of this section September 26,
2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "The department Department" means includes a designee of
the department of job and family services or its designee.
(4) "Independent provider" means a person who is submitting
an application for a provider agreement or who has a provider
agreement as an independent provider in a department of job and
family services administered home and community-based services
program providing home and community-based waiver services to
consumers with disabilities.
(5) "Home and community-based waiver services" has the same
meaning as in section 5111.95 5111.033 of the Revised Code.
(B)(1) The department of job and family services shall inform
each independent provider, at the time of initial application for
a provider agreement that involves providing home and
community-based waiver services to consumers with disabilities,
that the independent provider is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the person is to become an independent
provider in a department administered home and community-based
waiver program.
(2) Beginning on the effective date of this section September
26, 2003, the department shall inform each enrolled medicaid
independent provider on or before time of the anniversary date of
the provider agreement that involves providing home and
community-based waiver services to consumers with disabilities
that the independent provider is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted.
(C)(1) The department shall require the independent provider
to complete a criminal records check prior to entering into a
provider agreement with the independent provider and at least
annually thereafter. If an independent provider for whom a
criminal records check is required under this division does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent of the bureau of criminal
identification and investigation has requested information about
the applicant independent provider from the federal bureau of
investigation in a criminal records check, the department shall
request that the independent provider obtain through the
superintendent a criminal records request from the federal bureau
of investigation as part of the criminal records check of the
independent provider. Even if an independent provider for whom a
criminal records check request is required under this division
presents proof of having been a resident of this state for the
five-year period, the department may request that the independent
provider obtain information through the superintendent from the
federal bureau of investigation in the criminal records check.
(2) The department shall do both of provide the following:
(a) Provide information to each independent provider for whom
a criminal records check request is required under division (C)(1)
of this section about requesting a copy of:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section, and obtain the completed form and impression sheet and
fee from the independent provider;
(b) Forward the completed form, impression sheet, and fee to
the superintendent of the bureau of criminal identification and
investigation Written notification that the independent provider
is to instruct the superintendent to submit the completed report
of the criminal records check directly to the department.
(3) An independent provider given information about obtaining
the form and fingerprint impression sheet under division (C)(2)(a)
of this section who fails to complete the form or provide
fingerprint impressions and notification under divisions (C)(2)(a)
and (b) of this section who fails to access, complete, and forward
to the superintendent the form or the standard fingerprint
impression sheet, or who fails to instruct the superintendent to
submit the completed report of the criminal records check directly
to the department, shall not be approved as an independent
provider.
(D) Except as provided in rules adopted by the department in
accordance with division (G) of this section, the department shall
not issue a new provider agreement to, and shall terminate an
existing provider agreement of, an independent provider if the
person has been convicted of or, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(2) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (D)(1) of this section.
(E) Each independent provider shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted pursuant to a request
made under division (C) of this section.
(F) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
made under division (C) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) The An administrator at the department who is requesting
the criminal records check or the administrator's representative;
(3) Any A court, hearing officer, or other necessary
individual involved in a case dealing with a denial or termination
of a provider agreement related to the criminal records check.
(G) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which the department may
either issue a provider agreement to an independent provider who
or allow an independent provider to maintain an existing provider
agreement when the independent provider has been convicted of or,
has pleaded guilty to, or has been found eligible for intervention
in lieu of conviction for an offense listed or described in
division (C)(1) of this section but meets personal character
standards set by the department.
Sec. 5111.06. (A)(1) As used in this section and in sections
5111.061 and 5111.062 of the Revised Code:
(a)
"Provider" means any person, institution, or entity
that
furnishes medicaid services under a provider agreement with
the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b)
"Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c)
"Adjudication" has the same meaning as in division (D)
of
section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62
of
the Revised Code.
(B) Except as provided in division (D) of this section and
section 5111.914 of the Revised Code,
the
department shall do
either of the following by issuing an
order
pursuant to an
adjudication conducted in accordance with
Chapter
119. of the
Revised Code:
(1) Enter into or refuse to enter into a provider
agreement
with a provider, or suspend, terminate, renew, or
refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of
an
adjudication order under division (B) of this section may
appeal
to the court of common pleas of Franklin county in
accordance with
section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider
to
have hold a license, permit, or certificate or maintain a
certification issued by an official,
board, commission,
department, division, bureau, or other agency
of state or federal
government other than the department of job and family
services,
and the license, permit, or certificate, or certification has been
denied
or,
revoked, not renewed, suspended, or otherwise limited.
(2) The terms of a provider agreement require the provider to
hold a license, permit, or certificate or maintain certification
issued by an official, board, commission, department, division,
bureau, or other agency of state or federal government other than
the department of job and family services, and the provider has
not obtained the license, permit, certificate, or certification.
(3) The provider agreement is denied, terminated, or not
renewed due to the termination, refusal to renew, or denial of a
license, permit, certificate, or certification by an official,
board, commission, department, division, bureau, or other agency
of this state other than the department of job and family
services, notwithstanding the fact that the provider may hold a
license, permit, certificate, or certification from an official,
board, commission, department, division, bureau, or other agency
of another state.
(2)(4) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (E)(F) of section 5111.03 of
the
Revised Code;
(3)(5) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the
"Social Security Act," and the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program;
(4)(6) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program;
(5)(7) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department
of
health and human services and that action is binding on the
provider's participation in the medicaid program;
(6)(8) The provider agreement is suspended pursuant to
section 5111.031 of the Revised Code pending indictment of the
provider.
(9) The provider agreement is denied, terminated, or not
renewed because the provider has been convicted of one of the
offenses that caused the provider agreement to be suspended
pursuant to section 5111.031 of the Revised Code.
(10) The provider agreement is converted under section
5111.028 of the Revised Code from a provider agreement that is not
time-limited to a provider agreement that is time-limited.
(11) The provider agreement is terminated or an application
for re-enrollment is denied because the provider has failed to
apply for re-enrollment within the time or in the manner specified
for re-enrollment pursuant to section 5111.028 of the Revised
Code.
(12) The provider agreement is terminated or not renewed
because the provider has not billed or otherwise submitted a
medicaid claim to the department for two years or longer, and the
department has determined that the provider has moved from the
address on record with the department without leaving an active
forwarding address with the department.
In the case of a provider described in division (D)(6)(12) of
this section, the department may terminate or not renew the
provider agreement by sending a notice explaining the department's
proposed action to the address on record with the department. The
notice may be sent by regular mail.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medical assistance
program during the pendency of proceedings initiated under
division (B)(1) of this section. If the proceedings are
initiated
under division (B)(2) of this section, the department
may withhold
payments only to the extent that they equal amounts
determined in
a final fiscal audit as being due the state. This
division does
not apply if the department fails to comply with
section 119.07 of
the Revised Code, requests a continuance of the
hearing, or does
not issue a decision within thirty days after
the hearing is
completed. This division does not apply to
nursing facilities and
intermediate care facilities for the
mentally retarded as defined
in section 5111.20 of the
Revised Code.
Sec. 5111.084.
There is hereby established the pharmacy
and
therapeutics committee of the department of job and family
services. The
committee
shall consist of nine members and shall
be
appointed by the director
of job and family services. The
membership of the
committee shall include: three
pharmacists
licensed under Chapter 4729. of the Revised Code; two doctors of
medicine and two doctors of osteopathy licensed under Chapter
4731. of the
Revised Code; a registered nurse licensed under
Chapter 4723. of the Revised
Code; and a pharmacologist who has a
doctoral degree. At least one of the members who is a doctor of
medicine or doctor of osteopathy shall be a psychiatrist. The
committee shall
elect one of its members as
chairperson.
Sec. 5111.085. (A) As used in this section, "mental health
drug" means a drug that meets one of the following requirements:
(1) Is classified as an antianxiety, antidepressant,
anticonvulsant, or antipsychotic central nervous system drug in
the most recent edition of one of the following publications:
(a) The American psychiatric press textbook of
psychopharmacology;
(b) Current clinical strategies for psychiatry;
(c) Drug facts and comparisons;
(d) A publication with a focus and content comparable to the
publications described in divisions (A)(1)(a) to (c) of this
section as determined by the director of job and family services.
(2) Is classified in one of the publications described in
division (A)(1) of this section as a central nervous system drug
in a category or classification that is created after the
effective date of this section;
(3) Is classified in one of the publications described in
division (A)(1) of this section as a cross-indicated drug for any
of the central nervous system drugs specified in division (A)(1)
or (2) of this section because the drug's use in that capacity is
generally held to be reasonable, appropriate, and within the
community standards of care even though the use is not included in
the United States food and drug administration's approved labeling
for the drug;
(4) Is recommended for the treatment of a mental illness or
mental disorder, as those terms are defined in the most recent
edition of the American psychiatric association's diagnostic and
statistical manual of mental disorders.
(B) The only mental health drugs that may be subjected to a
prior authorization requirement, preferred drug list, or generic
substitution requirement under the medicaid program are mental
health drugs that are brand name and for which there are generic
equivalents.
Sec. 5111.10. The director of job and family services may
conduct reviews of the medicaid program. The reviews may include
physical inspections of records and sites where medicaid-funded
services are provided and interviews of providers and recipients
of the services. If the director determines pursuant to a review
that a person or government entity has violated a rule governing
the medicaid program, the director may establish a corrective
action plan for the violator and impose fiscal, administrative, or
both types of sanctions on the violator in accordance with rules
governing the medicaid program. Such action to be taken against a
responsible entity, as defined in section 5101.24 of the Revised
Code, shall be taken in accordance with that section.
Sec. 5111.101. (A) As used in this section, "federal;
"Agent" and "contractor" include any agent, contractor,
subcontractor, or other person who, on behalf of an entity,
furnishes or authorizes the furnishing of health care items or
services under the medicaid program, performs billing or coding
functions, or is involved in monitoring of health care that an
entity provides.
"Employee" includes any officer or employee (including
management employees) of an entity.
"Entity" includes a governmental entity or an organization,
unit, corporation, partnership, or other business arrangement,
including any medicaid managed care organization, irrespective of
the form of business structure or arrangement by which it exists,
whether for-profit or not-for-profit. "Entity" does not include a
government entity that administers one or more components of the
medicaid program, unless the government entity receives medicaid
payments for providing items or services.
"Federal health care programs" has the same meaning as in 42
U.S.C. 1320a-7b(f).
(B) Each person and government entity that receives or makes
medicaid in a federal fiscal year payments in a calendar year that
total under the medicaid program, either through the state
medicaid plan or a federal medicaid waiver, totaling at least five
million dollars or more shall, as a condition of receiving such
payments, do all of the following not later than the first day of
the succeeding calendar year:
(1) Provide each of the person or government entity's
Establish written policies for all of the entity's employees
(including management employees), contractors, and agents, that
provide detailed, written information about the role of all of the
following in preventing and detecting fraud, waste, and abuse in
federal health care programs:
(a) Federal false claims law under 31 U.S.C. 3729 to 3733;
(b) Federal administrative remedies for false claims and
statements available under 31 U.S.C. 3801 to 3812;
(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the
Revised Code and any other state laws pertaining to civil or
criminal penalties for false claims and statements;
(d) Whistleblower protections under the laws specified in
divisions (B)(1)(a) to (c) of this section.
(2) Include in as part of the written information provided
under policies required by division (B)(1) of this section
detailed information about provisions regarding the person or
government entity's policies and procedures for preventing and
detecting fraud, waste, and abuse.
(3) Include Disseminate the written policies required by
division (B)(1) of this section to each of the entity's employees,
contractors, and agents in a paper or electronic form and make the
written policies readily available to the entity's employees,
contractors, and agents.
(4) If the entity has an employee handbook, include in the
person or government entity's employee handbook a specific
discussion of the laws specified in division (B)(1) of this
section, the rights of employees to be protected as
whistleblowers, and the person or government entity's policies and
procedures for preventing and detecting fraud, waste, and abuse.
(5) Require the entity's contractors and agents to adopt the
entity's written policies required by division (B)(1) of this
section.
(C) An entity that furnishes items or services at multiple
locations or under multiple contractual or other payment
arrangements is required to comply with division (B) of this
section if the entity receives in a federal fiscal year medicaid
payments totaling in the aggregate at least five million dollars.
This applies regardless of whether the entity submits claims for
medicaid payments using multiple provider identification or tax
identification numbers.
Sec. 5111.102. As used in this section, "state agency" has
the same meaning as in section 9.23 of the Revised Code.
No provision of Title LI of the Revised Code or any other law
of this state that incorporates any provision of federal Medicaid
law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42
U.S.C. 1396, or that may be construed as requiring the state, a
state agency, or any state official or employee to comply with
that federal provision, shall be construed as creating a cause of
action to enforce such state law beyond the causes of action
available under federal law for enforcement of the provision of
federal law.
Sec. 5111.11. (A) As used in this section and section
5111.111 of the Revised Code:
(1) "Estate" includes both of the following:
(a) All real and personal property and other assets to be
administered
under Title XXI of the Revised Code and property that
would be administered
under that title if not for section 2113.03
or 2113.031 of the
Revised Code;
(b) Any other real and personal property and other assets in
which an individual had any legal title or interest at the time of
death (to the extent of the interest), including assets conveyed
to a survivor, heir, or assign of the individual through joint
tenancy, tenancy in common, survivorship, life estate, living
trust, or other arrangement.
(2) "Institution" means a nursing facility, intermediate care
facility for the mentally retarded, or a medical institution.
(3) "Intermediate care facility for the mentally retarded"
and "nursing facility" have the same meanings as in section
5111.20 of the Revised Code.
(4) "Permanently institutionalized individual" means an
individual to whom all of the following apply:
(a) Is an inpatient in an institution;
(b) Is required, as a condition of the medicaid program
paying for the individual's services in the institution, to spend
for costs of medical or nursing care all of the individual's
income except for an amount for personal needs specified by the
department of job and family services;
(c) Cannot reasonably be expected to be discharged from the
institution and return home as determined by the department of job
and family services.
(5)
"Qualified state long-term care insurance partnership
program" means the program established under section 5111.18 of
the Revised Code.
(6) "Time of death" shall not be construed to mean a time
after which a legal title or interest in real or personal property
or other asset may pass by survivorship or other operation of law
due to the death of the decedent or terminate by reason of the
decedent's death.
(B) To the extent permitted by federal law, the department of
job and family services shall
institute
an a medicaid estate
recovery program under which the department shall, except as
provided in divisions (C), (D), and (E) of this section, and
subject to division (D) of this section, do both all of the
following:
(1) For the costs of medicaid services the medicaid program
correctly paid or will pay on behalf of a permanently
institutionalized individual of any age, seek adjustment or
recovery from the individual's estate or on the sale of property
of the individual or spouse that is subject to a lien imposed
under section 5111.111 of the Revised Code;
(2) For the costs of medicaid services the medicaid program
correctly paid or will pay on behalf of an individual fifty-five
years of age or older who is not a permanently institutionalized
individual, seek adjustment or recovery from the individual's
estate;
(3) Seek adjustment or recovery from the estate of other
individuals as permitted by federal law.
(C)(1) No adjustment or recovery may be made under division
(B)(1) of this section from a permanently institutionalized
individual's estate or on the sale of property of a permanently
institutionalized individual that is subject to a lien imposed
under section 5111.111 of the Revised Code or under division
(B)(2) or (3) of this section from an individual's estate while
either of the following are alive:
(a) The spouse of the permanently institutionalized
individual or individual;
(b) The son or daughter of a permanently institutionalized
individual or individual if the son or daughter is under age
twenty-one or, under 42 U.S.C. 1382c, is considered blind or
disabled.
(2) No adjustment or recovery may be made under division
(B)(1) of this section from a permanently institutionalized
individual's home that is subject to a lien imposed under section
5111.111 of the Revised Code while either of the following
lawfully reside in the home:
(a) The permanently institutionalized individual's sibling
who resided in the home for at least one year immediately before
the date of the permanently institutionalized individual's
admission to the institution and on a continuous basis since that
time;
(b) The permanently institutionalized individual's son or
daughter who provided care to the permanently institutionalized
individual that delayed the permanently institutionalized
individual's institutionalization and resided in the home for at
least two years immediately before the date of the permanently
institutionalized individual's admission to the institution and on
a continuous basis since that time.
(D) In the case of a participant of the qualified state
long-term care insurance partnership program, adjustment or
recovery required by this section may be reduced in accordance
with rules adopted under division (G) of this section.
(E) The department shall, in accordance with procedures and
criteria established in rules adopted under division (G) of this
section, waive seeking an adjustment or recovery otherwise
required by this section if the director of job and family
services determines that adjustment or
recovery would work an
undue hardship. The department may limit the duration of the
waiver to the period during which the undue hardship exists.
(F) For the purpose of determining whether an individual
meets the definition of "permanently institutionalized individual"
established for this section, a rebuttable presumption exists that
the individual cannot reasonably be expected to be discharged from
an institution and return home if either of the following is the
case:
(1) The individual declares that he or she does not intend to
return home.
(2) The individual has been an inpatient in an institution
for at least six months.
(G) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code regarding the
medicaid estate recovery program, including rules that do both of
the following:
(1) For the purpose of division (D) of this section and
consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an
adjustment or recovery in the case of a participant of the
qualified state long-term care insurance partnership program;
(2) For the purpose of division (E) of this section and
consistent with the standards specified by the United States
secretary of health and human services under 42 U.S.C.
1396p(b)(3), establish procedures and criteria for waiving
adjustment or recovery due to an undue hardship.
Sec. 5111.112. The department of job and family services
shall certify amounts due under the medicaid estate recovery
program instituted under section 5111.11 of the Revised Code to
the attorney general pursuant to section 131.02 of the Revised
Code. The attorney general may enter into a contract with any
person or government entity to collect the amounts due on behalf
of the attorney general.
The attorney general, in entering into a contract under this
section, shall comply with all of the requirements that must be
met for the state to receive federal financial participation for
the costs incurred in entering into the contract and carrying out
actions under the contract. The contract may provide for the
person or government entity with which the attorney general
contracts to be compensated from the property recovered under the
medicaid estate recovery program or may provide for another manner
of compensation agreed to by the parties to the contract.
Regardless of whether the attorney general collects the
amounts due under the medicaid estate recovery program or
contracts with a person or government entity to collect the
amounts due on behalf of the attorney general, the amounts due
shall be collected in accordance with applicable requirements of
federal statutes and regulations and state statutes and rules.
Sec. 5111.113. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section
3722.01 of the Revised
Code.
(2) "Commissioner" means a person appointed by a probate
court under division (B) of
section 2113.03 of the Revised
Code to
act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of
the
Revised
Code.
(4) "Personal needs allowance account" means an account
or
petty cash fund that holds the money of a resident of an
adult
care facility or home and that the facility or home
manages for
the resident.
(B) Except as provided
in divisions (C) and
(D) of this
section, the owner
or operator of an adult care facility or home
shall transfer to
the department of job and family services the
money in the personal
needs
allowance account of a resident of the
facility or home who was
a recipient of the medical assistance
program no earlier than
sixty days but not later than ninety days
after the resident
dies. The adult care facility or home shall
transfer the money
even though the owner or operator of the
facility or home has not been
issued letters testamentary or
letters of administration
concerning the resident's estate.
(C) If funeral or burial
expenses for a resident of an adult
care facility or home who
has died have not been paid and the only
resource the resident
had that could be used to pay for the
expenses is the money in
the resident's personal needs allowance
account, or all other
resources of the resident are inadequate to
pay the full cost of
the expenses, the money in the resident's
personal needs
allowance account shall be used to pay for the
expenses rather
than being transferred to the department of job
and family services
pursuant to division (B) of
this section.
(D) If, not later than
sixty days after a resident of an
adult care facility or home
dies, letters testamentary or letters
of administration are
issued, or an application for release from
administration is
filed under section 2113.03 of the
Revised
Code,
concerning the resident's
estate, the owner or operator of the
facility or home shall
transfer the money in the resident's
personal needs allowance
account to the administrator, executor,
commissioner, or person
who filed the application for release from
administration.
(E) The transfer or use
of money in a resident's personal
needs allowance account in
accordance with division (B),
(C), or
(D) of this section discharges
and releases the adult care
facility or home, and the owner or
operator of the facility or
home, from any claim for the money
from any source.
(F) If, sixty-one or
more days after a resident of an adult
care facility or home
dies, letters testamentary or letters of
administration are
issued, or an application for release from
administration under
section 2113.03 of the Revised
Code is filed,
concerning the
resident's estate, the department of job and family
services shall
transfer the funds to the administrator, executor,
commissioner,
or person who filed the application, unless the
department is
entitled to recover the money under the medicaid
estate recovery program
instituted under section 5111.11 of the
Revised Code.
Sec. 5111.163. (A) As used in this section:
(1) "Emergency services" has the same meaning as in section
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42
U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" has the same meaning
as in section 5111.162 of the Revised Code.
(3) "Provider" has the same meaning as in section 5111.06 of
the Revised Code means any person, institution, or entity that
furnishes emergency services to a medicaid recipient enrolled in a
medicaid managed care organization, regardless of whether the
person, institution, or entity has a provider agreement with the
department of job and family services pursuant to Title XIX of the
"Social Security Act."
(B) When a participant in the care management system
established under section 5111.16 of the Revised Code is enrolled
in a medicaid managed care organization and receives emergency
services on or after January 1, 2007, from a provider that is not
under contract with the organization, the provider shall accept
from the organization, as payment in full, not more than the
amounts (less any payments for indirect costs of medical education
and direct costs of graduate medical education) that the provider
could collect if the participant received medicaid other than
through enrollment in a managed care organization.
Sec. 5111.165. (A) Not later than January 1, 2009, the
department of job and family services shall develop a payment
system based on a risk-adjusted rate structure for purposes of
making payments to the health insuring corporations under contract
with the department pursuant to section 5111.17 of the Revised
Code. In accordance with the implementation schedule specified in
division (C) of this section, the risk-adjusted rate structure
shall be applied to the payments made to the health insuring
corporations for individuals participating in the
care management
system under division (B)(1) of section 5111.16 of
the Revised
Code on the basis of being included in the medicaid
recipient
category designated by the department as covered
families and
children.
(B) The department shall consult with the health insuring
corporations regarding the methodology to
be used in developing
the risk-adjusted rate structure. In
developing the rate
structure, the department shall use all of the
following:
(1) Medical information and other relevant encounter data
necessary to obtain an accurate reflection of the utilization
rates and unit costs of the health care services provided to
medicaid recipients in the covered families and children category;
(2) A comprehensive risk adjustment tool, such as the chronic
illness and disability payment system developed by the university
of California, San Diego;
(3) Medicaid cost reports submitted by the health insuring
corporations;
(4) Historical and present information on the health insuring
corporation enrollment and medicaid eligibility of medicaid
recipients in the covered families and children category;
(5) Actuarially sound assumptions regarding the
administrative costs of the health insuring corporations and
maintenance of their contingency and surplus financial reserves;
(6) A deviation factor that recognizes the impact of adverse
claims for payment of health care services;
(7) Any other information recognized by the society of
actuaries as relevant to the development of rates that are
actuarially sound according to generally accepted actuarial
principles and practices.
(C) The risk-adjusted rate structure shall be applied in
accordance
with
the following implementation schedule:
(1) In the first year after the rate structure is developed,
fifty per cent of each health insuring corporation's payments
shall be risk-adjusted.
(2) In the second year after the rate structure is developed
and each year thereafter, all of the payments shall be
risk-adjusted.
(D) For purposes of making payments that are not
risk-adjusted during the first year the risk-adjusted rate
structure is implemented, the department shall develop a
reasonable
payment range under which the payments may be changed
because of the rate structure's
implementation.
Sec. 5111.166. In implementing the care management system
under section 5111.16 of the Revised Code, the department of job
and family services shall provide to the health insuring
corporations under contract with the department pursuant to
section 5111.17 of the Revised Code a monthly report with
information on the medicaid recipients enrolled in the
corporations who will no longer be eligible for medicaid. The
first report shall be provided not later than December 1, 2007.
The department shall provide the reports to the health
insuring
corporations in an electronic format. The department
shall consult with the health insuring corporations to determine
the most efficient method of providing the reports.
Sec. 5111.17. (A)
The department of
job and
family services
may enter into contracts
with managed
care organizations,
including health insuring corporations, under which the
organizations are authorized to
provide, or
arrange for the
provision of, health care services to
medical
assistance
recipients
who are required or permitted to obtain health care
services through managed care
organizations as part of the care
management system
established under
section 5111.16 of the
Revised Code.
(B) The department shall develop and implement a financial
incentive program to improve and reward positive health outcomes
through the managed care organization contracts entered into under
this section. In developing and implementing the program, the
department may take into consideration the recommendations
regarding the program made by the medicaid care management working
group created under section 5111.161 of the Revised Code (1) For
purposes of making payments to health insuring corporations under
contract pursuant to this section, the department shall develop,
certify, and implement actuarially sound capitation rates, as
defined in 42 C.F.R. 438.6. In taking these actions, the
department shall comply with all applicable requirements of 42
C.F.R. 438.6 and Title XIX of the "Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396b(m), as amended.
(2) Before the department may submit proposed capitation
rates for approval by the United States centers for medicare and
medicaid services, the department shall prepare a separate
document that specifies the manner in which the rates conform to
generally accepted actuarial principles and practices. When the
proposed rates are submitted for approval, the department shall
include the document as part of its submission of information to
the centers for medicare and medicaid services.
(3) The document prepared under division (B)(2) of this
section shall include information on all of the following:
(a) How the proposed rates are appropriate with respect to
the individuals or groups of individuals who will be enrolled in
the health insuring corporations;
(b) How the proposed rates are appropriate for the services
that will be covered by the health insuring corporations;
(c) How the proposed rates are adequate to meet the
administrative requirements of the health insuring corporations;
(d) Any other matter the department considers to be relevant
to the development of actuarially sound capitation rates.
(4) In preparing the document required under division (B)(2)
of this section, the department may consult with the
superintendent of insurance. The department may ask the
superintendent to assess whether the proposed rates, if
implemented, would do any of the following:
(a) Adversely affect a health insuring corporation in a
manner that results in the need to prepare and submit an RBC plan
in accordance with section 1753.33 of the Revised Code;
(b) Cause the superintendent, in the case of a health
insuring corporation with a parent company, to take actions
requiring the use of the parent company's guaranty established
under division (A)(27) of section 1751.03 of the Revised Code as a
condition of applying for a certificate of authority to establish
and operate the health insuring corporation;
(c) Negatively impact, in general, the financial solvency of
a health insuring corporation.
(C) The director of job and family services
may
adopt rules
in accordance with
Chapter 119. of the Revised Code to
implement
this section.
Sec. 5111.172. (A) When contracting under section 5111.17 of
the Revised Code with a managed care organization that is a health
insuring corporation, the department of job and family services
may require the health insuring corporation to provide coverage of
prescription drugs for medicaid recipients enrolled in the health
insuring corporation. In providing the required coverage, the
health insuring corporation may, subject to the department's
approval and the limitations provided under division (C) of this
section, use strategies for the management of drug utilization.
(B) As used in this division, "controlled substance" has the
same meaning as in section 3719.01 of the Revised Code.
If a health insuring corporation is required under this
section to provide coverage of prescription drugs, the department
shall permit the health insuring corporation to develop and
implement a pharmacy utilization management program under which
prior authorization through the program is established as a
condition of obtaining a controlled substance pursuant to a
prescription. The program may include processes for requiring
medicaid recipients at high risk for fraud or abuse involving
controlled substances to have their prescriptions for controlled
substances filled by a pharmacy, medical provider, or health care
facility designated by the program.
(C) As used in this division, "mental health drug" has the
same meaning as in section 5111.085 of the Revised Code.
If a contract under section 5111.17 of the Revised Code
requires a health insuring corporation to provide prescription
drug coverage for medicaid recipients as described in division (A)
of this section, the contract shall include terms under which the
only mental health drugs that may be subjected to a prior
authorization requirement, preferred drug list, or generic
substitution requirement are mental health drugs that are brand
name and for which there are generic equivalents.
Sec. 5111.20. As used in sections 5111.20 to 5111.34 of
the
Revised Code:
(A)
"Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section
5111.99
of the Revised Code.
(B) "Ancillary and support costs" means all reasonable costs
incurred by a nursing facility other than direct care costs or
capital costs. "Ancillary and support costs" includes, but is not
limited to, costs of activities, social services, pharmacy
consultants, habilitation supervisors, qualified mental
retardation professionals, program directors, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, medical equipment,
utilities, liability insurance, bookkeeping, purchasing
department, human resources, communications, travel, dues, license
fees, subscriptions, home office costs not otherwise allocated,
legal services, accounting services, minor equipment, maintenance
and repairs, help-wanted advertising, informational advertising,
start-up costs, organizational expenses, other interest, property
insurance, employee training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job and family services under
section 5111.02 of the Revised Code, for personnel listed in this
division. "Ancillary and support costs" also means the cost of
equipment, including vehicles, acquired by operating lease
executed before December 1, 1992, if the costs are reported as
administrative and general costs on the facility's cost report for
the cost reporting period ending December 31, 1992.
(C)
"Capital costs" means costs of ownership and, in the case
of an intermediate care facility for the mentally retarded, costs
of
nonextensive renovation.
(1)
"Cost of ownership" means the actual expense incurred
for
all of the following:
(a) Depreciation and interest on any capital assets that
cost
five hundred dollars or more per item, including the
following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.251 of the
Revised
Code;
(iii) Except as provided in division (B) of this section,
equipment;
(iv) In the case of an intermediate care facility for the
mentally retarded, extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (K) of this section,
lease
and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be
considered capital costs in accordance with a
provider's practice.
(2)
"Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally
retarded for
depreciation or amortization and interest on
renovations that are not
extensive renovations.
(D)
"Capital lease" and
"operating lease" shall be construed
in accordance
with generally accepted accounting principles.
(E)
"Case-mix score" means the measure determined under
section 5111.232 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of
a nursing facility or intermediate care facility for the
mentally
retarded.
(F)(1)
"Date of licensure," for a facility originally
licensed
as a
nursing home under Chapter 3721. of the Revised
Code, means
the
date specific beds were originally licensed as
nursing home
beds under that chapter, regardless of whether they
were
subsequently licensed as residential facility beds under
section
5123.19
of the Revised Code. For a facility originally
licensed
as a
residential facility under section 5123.19 of the
Revised
Code,
"date of licensure" means the date specific beds
were
originally licensed as residential facility beds under that
section.
(1) If nursing home beds licensed under Chapter 3721. of the
Revised Code or
residential facility beds licensed under section
5123.19 of the Revised Code
were not required by law to be
licensed when they were originally used to
provide nursing home or
residential facility services,
"date of licensure"
means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility
after its original date of licensure, it will have a
different
date of licensure for the additional beds or
extensively renovated
portion of the facility, unless the beds
are added in a space that
was constructed at the same time as the
previously licensed beds
but was not licensed under Chapter 3721.
or section 5123.19 of the
Revised Code at that time.
(2) The definition of "date of licensure" in this section
applies in determinations of the medicaid reimbursement rate for a
nursing facility or intermediate care facility for the mentally
retarded but does not apply in determinations of the franchise
permit fee for a nursing facility or intermediate care facility
for the mentally retarded.
(G)
"Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(H)
"Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, respiratory therapists,
and except as
provided in division
(H)(2) of this section, other persons holding
degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. of the Revised Code, for
personnel
listed in
divisions (H)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to
direct
care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (H)(1) of
this section, for nursing facilities only, direct care costs
include costs of habilitation staff (other than habilitation
supervisors), medical supplies, emergency oxygen, habilitation
supplies, and universal precautions supplies.
(3) In addition to the costs specified in division (H)(1)
of
this section, for intermediate care facilities for the
mentally
retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, audiologists, habilitation staff
(including habilitation supervisors), qualified mental retardation
professionals, program directors, social services staff,
activities staff, off-site day programming, psychologists and
psychology assistants, and social workers and counselors;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted under section 5111.02 of the Revised Code, for
personnel
listed in division
(H)(3)(a) of this section.
(4) Costs of other direct-care resources that are
specified
as direct care costs in rules adopted under section 5111.02 of the
Revised
Code.
(I)
"Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(J) "Franchise permit fee" means the following:
(1) In the context of nursing facilities, the fee imposed by
sections 3721.50 to 3721.58 of the Revised Code;
(2) In the context of intermediate care facilities for the
mentally retarded, the fee imposed by sections 5112.30 to 5112.39
of the Revised Code.
(K)
"Indirect care costs" means all reasonable costs incurred
by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services,
minor equipment,
maintenance and repairs, help-wanted
advertising, informational
advertising, start-up costs,
organizational expenses, other
interest, property insurance,
employee training and staff
development, employee benefits,
payroll taxes, and workers' compensation
premiums or costs for
self-insurance claims and related costs as
specified in rules
adopted under section 5111.02 of the Revised Code, for personnel
listed in
this division. Notwithstanding division (C)(1) of this
section,
"indirect care costs" also means the cost of equipment,
including
vehicles, acquired by operating lease executed before
December 1,
1992, if the costs are reported as administrative and
general
costs on the facility's cost report for the cost
reporting
period
ending December 31, 1992.
(L)
"Inpatient days" means all days during which a
resident,
regardless of payment source, occupies a bed in a
nursing facility
or intermediate care facility for the mentally
retarded that is
included in the facility's certified capacity
under Title XIX.
Therapeutic or hospital
leave days for which payment
is made under
section 5111.33 of the
Revised Code are considered
inpatient days
proportionate to the
percentage of the facility's
per resident per
day rate paid for
those days.
(M)
"Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medicaid program by the director of health in
accordance
with
Title XIX.
(N)
"Maintenance and repair expenses" means, except as
provided in division (BB)(2) of this section, expenditures that
are
necessary and proper to maintain an asset in a normally
efficient
working condition and that do not extend the useful
life
of the
asset two years or more.
"Maintenance and repair
expenses"
includes but is not limited to the cost of ordinary
repairs such
as painting and wallpapering.
(O) "Medicaid days" means all days during which a resident
who is a Medicaid recipient eligible for nursing facility services
occupies a bed in a nursing facility that is included in the
nursing facility's certified capacity under Title XIX. Therapeutic
or hospital leave days for which payment is made under section
5111.33 of the Revised Code are considered Medicaid days
proportionate to the percentage of the nursing facility's per
resident per day rate paid for those days.
(P)
"Nursing facility" means a facility, or a distinct
part
of a facility, that is certified as a nursing facility by
the
director of health in accordance with Title XIX and is not an
intermediate care facility
for the
mentally retarded.
"Nursing
facility" includes a
facility, or a
distinct part of a facility,
that is certified as
a nursing
facility by the director of health
in accordance with
Title XIX and is certified as a
skilled nursing
facility by the director in accordance with Title
XVIII.
(Q) "Operator" means the person or government entity
responsible for the daily operating and management decisions for a
nursing facility or intermediate care facility for the mentally
retarded.
(R) "Other protected costs" means costs incurred by an
intermediate care facility for the mentally retarded for medical
supplies; real estate, franchise, and property taxes; natural
gas,
fuel oil, water, electricity, sewage, and refuse and
hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs
defined as other protected costs
in rules adopted under section 5111.02 of
the Revised Code.
(S)(1)
"Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following
regarding a nursing facility or
intermediate care facility for the
mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation
secured in whole or in part by the land or structure on or in
which the facility is located;
(d) Any lease or sublease of the land or structure on or in
which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond
related to the nursing facility or intermediate care facility for
the mentally retarded and purchased at public issue or a regulated
lender that has made a loan related to the facility unless the
holder or lender operates the facility directly or through a
subsidiary.
(T)
"Patient" includes
"resident."
(U) Except as provided in divisions (U)(1) and (2) of this
section,
"per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of
establishing rates under section 5111.241 of the
Revised Code,
"per diem" means an intermediate care facility for the mentally
retarded's actual, allowable
indirect care costs in a cost
reporting period divided by the
greater of the facility's
inpatient days for that period or the
number of inpatient days the
facility would have had during that
period if its occupancy rate
had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.251 of the
Revised Code,
"per diem" means a facility's actual, allowable
capital costs in a
cost reporting period divided by the greater
of
the facility's
inpatient days for that period or the number of
inpatient days the
facility would have had during that period if
its occupancy rate
had been ninety-five per cent.
(V)
"Provider" means an operator with a provider agreement.
(W)
"Provider agreement" means a contract between the
department of job and family services and the operator of a
nursing facility or
intermediate care facility for the mentally
retarded for the
provision of nursing facility services or
intermediate care
facility services for the mentally retarded
under the medicaid program.
(X)
"Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(Y)
"Reasonable" means that a cost is an actual cost that
is
appropriate and helpful to develop and maintain the operation
of
patient care facilities and activities, including normal
standby
costs, and that does not exceed what a prudent buyer pays
for a
given item or services. Reasonable costs may vary from
provider
to
provider and from time to time for the same provider.
(Z)
"Related party" means an individual or organization
that,
to a significant extent, has common ownership with, is
associated
or affiliated with, has control of, or is controlled
by, the
provider.
(1) An individual who is a relative of an owner is a
related
party.
(2) Common ownership exists when an individual or
individuals
possess significant ownership or equity in both the
provider and
the other organization. Significant ownership or
equity exists
when an individual or individuals possess five per
cent ownership
or equity in both the provider and a supplier.
Significant
ownership or equity is presumed to exist when an
individual or
individuals possess ten per cent ownership or
equity
in both the
provider and another organization from which
the
provider
purchases or leases real property.
(3) Control exists when an individual or organization has
the
power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of
the type carried on with the provider is transacted with
others
than the provider and there is an open, competitive market
for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by
other nursing facilities or intermediate care facilities for
the
mentally retarded from outside organizations and are not a
basic
element of patient care ordinarily furnished directly to
patients
by the facilities.
(d) The charge to the provider is in line with the charge
for
the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(AA)
"Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Stepparent, stepchild, stepbrother, or stepsister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother,
or
foster
sister.
(BB)
"Renovation" and
"extensive renovation" mean:
(1) Any betterment, improvement, or restoration of an
intermediate care facility for the mentally
retarded
started
before July 1, 1993, that meets the definition
of a
renovation or
extensive renovation established in rules
adopted by
the director
of job and
family services in effect on December 22,
1992.
(2) In the case of betterments, improvements, and
restorations of intermediate care
facilities for the mentally
retarded started on or after July 1,
1993:
(a)
"Renovation" means the betterment, improvement, or
restoration of an intermediate care facility
for the mentally
retarded beyond its current functional capacity
through a
structural change that costs at least five hundred
dollars per
bed. A renovation may include betterment,
improvement,
restoration, or replacement of assets that are
affixed to the
building and have a useful life of at least five
years. A
renovation may include costs that otherwise would be
considered
maintenance and repair expenses if they are an
integral
part of
the structural change that makes up the
renovation
project.
"Renovation" does not mean construction of
additional
space for
beds that will be added to a facility's
licensed or
certified
capacity.
(b)
"Extensive renovation" means a renovation that costs
more
than sixty-five per cent and no more than eighty-five per
cent of
the cost of constructing a new bed and that extends the
useful
life of the assets for at least ten years.
For the purposes of division (BB)(2) of this section, the
cost
of constructing a new bed shall be considered to be forty
thousand
dollars, adjusted for the estimated rate of inflation
from January
1, 1993, to the end of the calendar year during
which
the
renovation is completed, using the consumer price index
for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation
that costs more than eighty-five per cent of the cost
of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(CC) "Title XIX" means Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(DD) "Title XVIII" means Title XVIII of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 5111.69. (A) In accordance with 42 C.F.R. 431.12, there
is hereby created the medical care advisory council. The council
shall advise the department of job and family services about
health and medical care services for purposes of the medicaid
program. The department shall grant the council the opportunity to
participate in medicaid policy development and program
administration.
(B) The council shall consist of the following members:
(1) Three individuals representing health professions,
including one or more individuals representing board-certified
physicians, who are familiar with the medical needs of low-income
population groups and with the resources available and required
for their care, one appointed by the president of the senate, one
appointed by the speaker of the house of representatives, and one
appointed by the governor;
(2) Two individuals representing consumers' groups, including
medicaid recipients and consumer organizations such as labor
unions, one appointed by the president of the senate and one
appointed by the speaker of the house of representatives;
(3) Three individuals representing health insuring
corporations that have entered into contracts with the department
pursuant to section 5111.17 of the Revised Code, one appointed by
the president of the senate, one appointed by the speaker of the
house of representatives, and one appointed by the governor;
(4) Two individuals representing the business community, one
appointed by the president of the senate and one appointed by the
speaker of the house of representatives;
(5) One individual representing county departments of job and
family services, appointed by the governor.
(C) The members of the council shall serve at the pleasure of
their appointing authorities. Vacancies shall be filled in the
manner provided for original appointments.
(D) At its first meeting, the council shall organize by
electing a chairperson from among its members and adopting bylaws
for its operation. The bylaws shall include provisions specifying
the length of the term a member may serve as chairperson.
Sec. 5111.70. (A) As used in sections 5111.70 to 5111.7011
of the Revised Code:
"Applicant" means an individual who applies to
participate
in the medicaid buy-in for workers with disabilities
program.
"Earned income" has the meaning established by rules
adopted
under section 5111.708 of the Revised Code.
"Employed individual with a medically improved
disability"
has the same meaning as in 42 U.S.C. 1396d(v).
"Family" means an applicant or participant and the spouse
and dependent children of the applicant or participant. If an
applicant or participant is under eighteen years of age, "family"
also means the parents of the applicant or participant.
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
"Health insurance" has the meaning established by rules
adopted under section 5111.708 of the Revised Code.
"Income" means earned income and unearned income.
"Participant" means an individual who has been determined
eligible for the medicaid buy-in for workers with disabilities
program and is participating in the program.
"Resources" has the meaning established by rules adopted
under section 5111.708 of the Revised Code.
"Spouse" has the meaning established in rules adopted under
section 5111.708 of the Revised Code.
"Supplemental security income program" means the program
established under Title XVI of the "Social Security Act," 86 Stat.
1329 (1972), 42 U.S.C. 1381, as amended.
"Medicaid buy-in for workers with disabilities program"
means the component of the medicaid program established under
sections 5111.70 to 5111.7011 of the Revised Code.
"Unearned income" has the meaning established by rules
adopted under section 5111.708 of the Revised Code.
(B) Not later than one hundred eighty days after the
effective date of
this section, the director of job and family
services shall submit
to the United States secretary of health
and human services an
amendment to the state medicaid plan and
any federal waiver
necessary to establish the medicaid buy-in for
workers with
disabilities program in accordance with 42 U.S.C.
1396a(a)
(10)(A)(ii)(XV) and (XVI) and sections 5111.70 to
5111.7011 of the
Revised Code. The director shall implement
sections 5111.701 to
5111.7011 of the Revised Code if the
amendment and, if needed,
federal waiver are approved.
Sec. 5111.701. Under the medicaid buy-in for workers with
disabilities program, an individual who does all of the following
in accordance with rules adopted under section 5111.708 of the
Revised Code qualifies for medical assistance under the medicaid
program:
(A) Applies for the medicaid buy-in for workers with
disabilities program;
(B) Provides satisfactory evidence of all of the following:
(1) That the individual is at least sixteen years of age and
under sixty-five years of age;
(2) Except as provided in section 5111.706 of the Revised
Code, that one of the following applies to the individual:
(a) The individual is considered disabled for the purpose of
the supplemental security income program, regardless of whether
the individual receives supplemental security income benefits, and
the individual has earnings from employment.
(b) The individual is an employed individual with a medically
improved disability.
(3) That the value of the individual's resources,
less
amounts disregarded pursuant to rules adopted
under section
5111.708 of the Revised Code, does not exceed the
amount provided
for by section 5111.702 of the Revised Code;
(4) That the individual's income, less amounts
disregarded
pursuant to section 5111.703 of the Revised Code, does
not exceed
two hundred fifty per cent of the federal poverty
guidelines;
(5) That the individual meets the additional eligibility
requirements for the medicaid buy-in for workers with disabilities
program that the director of job and family services establishes
in rules adopted under section 5111.708 of the Revised Code.
(C) To the extent required by section 5111.704 of the Revised
Code, pays the premium established under that section.
Sec. 5111.702. (A) Except as provided in division (B) of
this section, the maximum value of resources, less amounts
disregarded pursuant to rules adopted under section 5111.708
of
the Revised Code, that an individual may have without
the
individual exceeding the resource eligibility limit for the
medicaid buy-in for workers with disabilities program shall not
exceed ten thousand dollars.
(B) Each calendar year, the director of job and family
services shall adjust the resource eligibility limit specified in
division (A) of this section by the change in the consumer price
index for all items for all urban consumers for the previous
calendar year, as published by the United States bureau of labor
statistics. The annual adjustment shall go into effect on the
earliest date possible.
Sec. 5111.703. For the purpose of determining whether an
individual is within the income eligibility limit for the medicaid
buy-in
for workers with disabilities program, all of the
following apply:
(A) Twenty thousand dollars of the individual's
earned
income shall be disregarded.
(B) No amount that the individual's employer pays to obtain
health insurance for one or
more members of the individual's
family, including any amount of a premium
established under
section 5111.704 of the Revised Code that the
employer pays,
shall be treated as the individual's income.
(C) Any other amounts, if any, specified in rules adopted
under section 5111.708 of the Revised Code shall be disregarded
from the individual's earned
income, unearned income, or both.
Sec. 5111.704. An individual whose income
exceeds one
hundred fifty per cent of the federal poverty
guidelines shall
pay an annual premium as a condition of
qualifying for the
medicaid buy-in for workers with disabilities
program. The amount
of the premium shall be determined as follows:
(A) Subtract one hundred fifty per cent of the federal
poverty guidelines, as applicable for a family size equal to the
size of the individual's family, from the amount of the income of
the individual's family;
(B) Subtract an amount specified in rules adopted under
section 5111.708 of the Revised Code from the
difference
determined under division (A) of this section;
(C) Multiply the difference determined under division (B)
of
this section by one tenth.
Sec. 5111.705. No individual shall be denied eligibility for
the medicaid buy-in for workers with disabilities program on the
basis that the individual receives services under a home and
community-based services medicaid waiver component as defined in
section 5111.851 of the Revised Code.
Sec. 5111.706. An individual participating in the medicaid
buy-in for workers with disabilities program may continue to
participate in the program for up to six months even though the
individual ceases to have earnings from employment or to be an
employed individual with a medically improved disability due to
ceasing to be employed if the individual continues to meet all
other eligibility requirements for the program.
Sec. 5111.707. If the United States secretary of health and
human services requires that a provision in the amendment to the
state medicaid plan or the federal waiver request submitted under
section 5111.70 of the Revised Code be changed or removed in order
for the secretary to approve the amendment or waiver or to avoid
an extended delay in the secretary's approval, the director of job
and family services shall make the change or removal. The change
or removal may cause the medicaid buy-in for workers with
disabilities program to include a provision that is inconsistent
with sections 5111.70 to 5111.706 of the Revised Code. Such a
change or removal shall be made only to the extent necessary to
obtain the United States secretary's approval or avoid an extended
delay in the secretary's approval and shall be reflected in rules
adopted under section 5111.708 of the Revised Code.
Sec. 5111.708. (A) The director of job and family services,
after consulting with the medicaid buy-in advisory council, shall
adopt rules in accordance with Chapter 119. of the Revised Code as
necessary to implement the medicaid buy-in for workers with
disabilities program. The rules shall do all of the following:
(1) Specify assets, asset values, and amounts to be
disregarded in determining asset and income eligibility limits for
the program;
(2) Establish meanings for the terms "earned income," "health
insurance," "resources," "spouse," and
"unearned income";
(3) Establish additional eligibility requirements for the
program that must be established for the United States secretary
of health and human services to approve the program;
(4) For the purpose of division (B) of section 5111.704 of
the Revised Code, specify an amount to be subtracted from the
difference determined under division (A) of that section.
(B) The director, after consulting with the medicaid buy-in
advisory council, may adopt rules in accordance with Chapter 119.
of the Revised Code to specify amounts to be disregarded from an
individual's earned income, unearned income, or both under
division (C) of section 5111.703 of the Revised Code for the
purpose of determining whether the individual is within the income
eligibility limit for the medicaid buy-in for workers with
disabilities program.
Sec. 5111.709. (A) There is hereby created the medicaid
buy-in advisory council. The council shall consist of all of the
following:
(1) The following voting members:
(a) The executive director of assistive technology of Ohio or
the executive director's designee;
(b) The director of the axis center for public awareness of
people with disabilities or the director's designee;
(c) The executive director of the cerebral palsy association
of Ohio or the executive director's designee;
(d) The chief executive officer of Ohio advocates for mental
health or the chief executive officer's designee;
(e) The state director of the Ohio chapter of AARP or the
state director's designee;
(f) The director of the Ohio developmental disabilities
council created under section 5123.35 of the Revised Code or the
director's designee;
(g) The executive director of the governor's council on
people with disabilities created under section 3303.41 of the
Revised Code or the executive director's designee;
(h) The administrator of the legal rights service created
under section 5123.60 of the Revised Code or the administrator's
designee;
(i) The chairperson of the Ohio Olmstead task force or the
chairperson's designee;
(j) The executive director of the Ohio statewide independent
living council or the executive director's designee;
(k) The president of the Ohio chapter of the national
multiple sclerosis society or the president's designee;
(l) The executive director of the arc of Ohio or the
executive director's designee;
(m) The executive director of the commission on minority
health or the executive director's designee;
(n) The executive director of the brain injury association of
Ohio or the executive director's designee;
(o) The executive officer of any other advocacy organization
who volunteers to serve on the council, or such an executive
officer's designee, if the other voting members, at a meeting
called by the chairperson elected under division (C) of this
section, determine it is appropriate for the advocacy organization
to be represented on the council;
(p) One or more participants who volunteer to serve on the
council and are selected by the other voting members at a meeting
the chairperson calls after the medicaid buy-in for workers with
disabilities program is implemented.
(2) The following non-voting members:
(a) The director of job and family services or the director's
designee;
(b) The administrator of the rehabilitation services
commission or the administrator's designee;
(c) The director of alcohol and drug addiction services or
the director's designee;
(d) The director of mental retardation and developmental
disabilities or the director's designee;
(e) The director of mental health or the director's designee;
(f) The executive officer of any other government entity, or
the executive officer's designee, if the voting members, at a
meeting called by the chairperson, determine it is appropriate for
the government entity to be represented on the council.
(B) All members of the medicaid buy-in advisory council shall
serve without compensation or reimbursement, except as serving on
the council is considered part of their usual job duties.
(C) The voting members of the medicaid buy-in advisory
council shall
elect one of the members of the council to serve as
the council's
chairperson for a two-year term. The chairperson
may be re-elected
to successive terms.
(D) The department of job and family services shall provide
the Ohio medicaid buy-in advisory council with accommodations for
the council to hold its meetings and shall provide the council
with other administrative assistance the council needs to perform
its duties.
Sec. 5111.7010. The director of job and family services or
the director's designee shall consult with the medicaid buy-in
advisory council before adopting, amending, or rescinding any
rules under section 5111.708 of the Revised Code governing the
medicaid buy-in for workers with disabilities program.
The director or designee shall meet at least quarterly with
the council to discuss the program. At the meetings, the council
may provide the director or designee with suggestions for
improving the program and the director or designee shall provide
the council with all of the following information:
(A) The number of individuals who participated in the program
the previous calendar quarter;
(B) The cost of the program the previous calendar quarter;
(C) The amount of revenue generated the previous quarter by
premiums that participants pay under section 5111.704 of the
Revised Code;
(D) The average amount of earned income of participants'
families;
(E) The average amount of time participants have participated
in the program;
(F) The types of other health insurance participants have
been able to obtain.
Sec. 5111.7011. Not less than once each year, the director
of job and family services shall submit a report on the medicaid
buy-in for workers with disabilities program to the governor,
speaker and minority leader of the house of representatives,
president and minority leader of the senate, and chairpersons of
the house and senate committees to which the biennial operating
budget bill is referred. The report shall include all of the
following information:
(A) The number of individuals who participated in the
medicaid buy-in for workers with disabilities program;
(B) The cost of the program;
(C) The amount of revenue generated by premiums that
participants pay under section 5111.704 of the Revised Code;
(D) The average amount of earned income of participants'
families;
(E) The average amount of time participants have participated
in the program;
(F) The types of other health insurance participants have
been able to obtain.
Sec. 5111.84. The director of job and family services may not
submit a request to the United States secretary of health and
human services for a medicaid waiver under section 1115 of the
"Social Security Act of 1935," 42 U.S.C. 1315, unless the director
provides the speaker of the house of representatives and president
of the senate written notice of the director's intent to submit
the request at least ten days before the date the director submits
the request to the United States secretary. The notice shall
include a detailed explanation of the medicaid waiver the director
proposes to seek.
Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855
of the Revised Code:
"Administrative agency" means, with respect to a home and
community-based services medicaid waiver component, the department
of job and family services or, if a state agency or political
subdivision contracts with the department under section 5111.91 of
the Revised Code to administer the component, that state agency or
political subdivision.
"Home and community-based services medicaid waiver component"
means a medicaid waiver component under which home and
community-based services are provided as an alternative to
hospital, nursing facility, or intermediate care facility for the
mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the
Revised Code.
"Intermediate care facility for the mentally retarded" has
the same meaning as in section 5111.20 of the Revised Code.
"Level of care determination" means a determination of
whether an individual needs the level of care provided by a
hospital, nursing facility, or intermediate care facility for the
mentally retarded and whether the individual, if determined to
need that level of care, would receive hospital, nursing facility,
or intermediate care facility for the mentally retarded services
if not for a home and community-based services medicaid waiver
component.
"Medicaid buy-in for workers with disabilities program" means
the component of the medicaid program established under sections
5111.70 to 5111.7011 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Skilled nursing facility" means a facility certified as a
skilled nursing facility under Title XVIII of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) The following requirements apply to each home and
community-based services medicaid waiver component:
(1) Only an individual who qualifies for a component shall
receive that component's services.
(2) A level of care determination shall be made as part of
the process of determining whether an individual qualifies for a
component and shall be made each year after the initial
determination if, during such a subsequent year, the
administrative agency determines there is a reasonable indication
that the individual's needs have changed.
(3) A written plan of care or individual service plan based
on an individual assessment of the services that an individual
needs to avoid needing admission to a hospital, nursing facility,
or intermediate care facility for the mentally retarded shall be
created for each individual determined eligible for a component.
(4) Each individual determined eligible for a component shall
receive that component's services in accordance with the
individual's level of care determination and written plan of care
or individual service plan.
(5) No individual may receive services under a component
while the individual is a hospital inpatient or resident of a
skilled nursing facility, nursing facility, or intermediate care
facility for the mentally retarded.
(6) No individual may receive prevocational, educational, or
supported employment services under a component if the individual
is eligible for such services that are funded with federal funds
provided under 29 U.S.C. 730 or the "Individuals with Disabilities
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.
(7) Safeguards shall be taken to protect the health and
welfare of individuals receiving services under a component,
including safeguards established in rules adopted under section
5111.85 of the Revised Code and safeguards established by
licensing and certification requirements that are applicable to
the providers of that component's services.
(8) No services may be provided under a component by a
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)
requires be established if the provider fails to comply with the
standards applicable to the provider.
(9) Individuals determined to be eligible for a component, or
such individuals' representatives, shall be informed of that
component's services, including any choices that the individual or
representative may make regarding the component's services, and
given the choice of either receiving services under that component
or, as appropriate, hospital, nursing facility, or intermediate
care facility for the mentally retarded services.
(10) No individual shall lose eligibility for services under
a component, or have the services reduced or otherwise disrupted,
on the basis that the individual also receives services under the
medicaid buy-in for workers with disabilities program.
(11) No individual shall lose eligibility for services under
a component, or have the services reduced or otherwise disrupted,
on the basis that the individual's income or resources increase to
an
amount above the eligibility limit for the component if the
individual is participating in the medicaid buy-in for workers
with disabilities program and the amount of the individual's
income or resources does not exceed the eligibility limit for the
medicaid buy-in for workers with disabilities program.
(12) No individual receiving services under a component shall
be required to pay any cost sharing expenses for the services for
any period during which the individual also participates in the
medicaid buy-in for workers with disabilities program.
Sec. 5111.871. The department of job and family
services
shall enter
into
a contract with the
department of
mental
retardation and developmental disabilities
under section
5111.91
of the Revised Code with regard to one or more of
the
components
of the
medicaid
program established by the
department of
job and
family
services
under
one or more of the medicaid waivers
sought
under section 5111.87 of the Revised Code. The
contract shall
provide for the
department of mental retardation
and
developmental
disabilities to
administer the
components in
accordance
with the
terms of
the
waivers. The
directors of job
and family services
and
mental
retardation and developmental
disabilities shall
adopt
rules in
accordance with Chapter 119. of
the Revised Code
governing the
components.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home and community-based services
provided under any of these medicaid components, the department
that denied
the services shall give timely notice to the
individual that the
individual
may request a hearing under section
5101.35 of the
Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
and community-based services provided under any of these medicaid
components. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department approves, reduces, denies, or
terminates a
service, that department shall give timely notice to
the medicaid
recipient that the recipient may request a hearing
under section
5101.35 of the Revised Code.
If supported living or residential services, as defined in
section 5126.01 of the Revised Code, are is to be provided as a
service under any of these components, any person or government
entity with a current, valid
medicaid provider agreement and a
current, valid license under
section 5123.19 or certificate under
section 5123.16 or 5126.431 5123.161 of the Revised Code may
provide the services service.
If a service is to be provided under any of these components
by a residential facility, as defined in section 5123.19 of the
Revised Code, any person or government entity with a current,
valid medicaid provider agreement and a current, valid license
under section 5123.19 of the Revised Code may provide the service.
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home and community-based services specified in division (B)(1)
of section 5111.87 of the Revised Code and provided under any of
the components
of the medicaid program that the department
administers under
section 5111.871 of the Revised Code, the
department shall
consider all of the following:
(A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) or (E) of that section;
(B) The implementation component required by division
(A)(4)(3)
of section 5126.054 of the Revised Code of the county
board's plan
approved under section 5123.046 of the Revised Code;
(C) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of
divisions
(D) and (E)
of
section 5126.042 of the Revised Code.
Sec. 5111.8814. An intermediate care facility for the
mentally retarded that converts in whole to providing home and
community-based services under the ICF/MR conversion pilot program
shall either be licensed as a residential facility under section
5123.19 of the Revised Code or certified to provide supported
living under section 5126.431 5123.161 of the Revised Code. If an
intermediate care facility for the mentally retarded converts in
part to providing such home and community-based services, the
distinct part of the facility that provides the home and
community-based services shall either be licensed as a residential
facility under section 5123.19 of the Revised Code or certified to
provide supported living under section 5126.431 5123.161 of the
Revised Code. The facility or distinct part of the facility shall
be licensed as a residential facility rather than certified to
provide supported living if it meets the definition of
"residential facility" in section 5123.19 of the Revised Code.
Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893
5111.894 of the Revised Code:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Assisted living program" means the medicaid waiver component
for which the director of job and family services is authorized by
this section to request a medicaid waiver.
"Assisted living services" means the following home and
community-based services: personal care, homemaker, chore,
attendant care, companion, medication oversight, and therapeutic
social and recreational programming.
"County or district home" means a county or district home
operated under Chapter 5155. of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Residential care facility" has the same meaning as in
section 3721.01 of the Revised Code.
(B) The director of job and family services may submit a
request to the United States secretary of health and human
services under 42 U.S.C. 1396n to obtain a waiver of federal
medicaid requirements that would otherwise be violated in the
creation and implementation of a program under which assisted
living services are provided to not more than one thousand eight
hundred individuals who meet the program's eligibility
requirements established under section 5111.891 of the Revised
Code.
If the secretary approves the medicaid waiver requested under
this section and the director of budget and management approves
the contract, the department of job and family services shall
enter into a contract with the department of aging under section
5111.91 of the Revised Code that provides for the department of
aging to administer the assisted living program. The contract
shall include an estimate of the program's costs.
The director of job and family services may adopt rules under
section 5111.85 of the Revised Code regarding the assisted living
program. The director of aging may adopt rules under Chapter 119.
of the Revised Code regarding the program that the rules adopted
by the director of job and family services authorize the director
of aging to adopt.
Sec. 5111.891. To be eligible for the assisted living
program, an individual must meet all of the following
requirements:
(A) Need an intermediate level of care as determined under
rule 5101:3-3-06 of the Administrative Code;
(B) At the time the individual applies for the assisted
living program, be one of the following:
(1) A nursing facility resident who is seeking to move to a
residential care facility and would remain in a nursing facility
for long term care if not for the assisted living program;
(2) A participant of any of the following medicaid waiver
components who would move to a nursing facility if not for the
assisted living program:
(a) The PASSPORT program created under section 173.40 of the
Revised Code;
(b) The medicaid waiver component called the choices program
that the department of aging administers;
(c) A medicaid waiver component that the department of job
and family services administers.
(3) A resident of a residential care facility who has resided
in a residential care facility for at least six months immediately
before the date the individual applies for the assisted living
program.
(C) At the time the individual receives assisted living
services under the assisted living program, reside in a
residential care facility, including both of the following:
(1) A residential care facility that is owned or operated by
a metropolitan housing authority that has a contract with the
United States department of housing and urban development to
receive an operating subsidy or rental assistance for the
residents of the facility;
(2) A county or district home licensed as a residential care
facility.
(D) Meet all other eligibility requirements for the assisted
living program established in rules adopted under section 5111.85
of the Revised Code.
Sec. 5111.894. When an area agency on aging determines that
an individual who is eligible for the medicaid program and resides
in the area that the area agency on aging serves has been admitted
to a nursing facility, the agency shall notify the long-term care
consultation program administrator serving the area in which the
individual resides about the determination. The administrator
shall determine whether the assisted living program is appropriate
for the individual and whether the individual would rather
participate in the assisted living program than continue residing
in the nursing facility. If the administrator determines that the
assisted living program is appropriate for the individual and the
individual would rather participate in the assisted living program
than continue residing in the nursing facility, the administrator
shall provide the individual or individual's representative
information about how to apply for the assisted living program and
whether there is a waiting list for the assisted living program.
Sec. 5112.341. (A) In addition to assessing a penalty
pursuant to section 5112.34 of the Revised Code, the department of
job and family services may do either any of the following if an
intermediate care facility for the mentally retarded fails to pay
the full amount of a franchise permit fee installment when due:
(1) Withhold an amount less than or equal to the installment
and penalty assessed under section 5112.34 of the Revised Code
from a medicaid payment due the facility until the facility pays
the installment and penalty;
(2) Offset an amount less than or equal to the installment
and penalty assessed under section 5112.34 of the Revised Code
from a Medicaid payment due the nursing facility or hospital;
(3) Terminate the facility's medicaid provider agreement.
(B) The department may withhold offset a medicaid payment
under division (A)(1) of this section without providing notice to
the intermediate care facility for the mentally retarded and
without conducting an adjudication under Chapter 119. of the
Revised Code.
Sec. 5115.12. (A) The director of job and family services
shall adopt rules in accordance with section 111.15 of the Revised
Code governing the disability medical assistance program. The
rules may establish or specify any or all of the following:
(1) Income, resource, citizenship, age, residence, living
arrangement, and other eligibility requirements;
(2) Health services to be included in the program;
(3) The maximum authorized amount, scope, duration, or limit
of payment for services;
(4) Limits on the length of time an individual may receive
disability medical assistance;
(5) Limits on the total number of individuals in the state
who may receive disability medical assistance;
(6) Limits on the number and types of providers eligible to
be reimbursed for services provided to individuals enrolled in the
program.
(B) For purposes of limiting the cost of the disability
medical assistance program, the director may do either of the
following:
(1) Adopt rules in accordance with section 111.15 of the
Revised Code that revise the program's eligibility requirements;
the maximum authorized amount, scope, duration, or limit of
payment for services included in the program; or any other
requirement or standard established or specified by rules adopted
under division (A) of this section or under section 5115.10 of the
Revised Code;
(2) Suspend acceptance of applications for disability medical
assistance. While a suspension is in effect, no person shall
receive a determination or redetermination of eligibility for
disability medical assistance unless the person was receiving the
assistance during the month immediately preceding the suspension's
effective date or the person submitted an application prior to the
suspension's effective date and receives a determination of
eligibility based on that application. The director may adopt
rules in accordance with section 111.15 of the Revised Code
establishing requirements and specifying procedures applicable to
the suspension of acceptance of applications.
Sec. 5119.611. (A) A community mental health agency that
seeks
certification of its community mental health services shall
submit
an application to the director of mental health. On receipt
of the application,
the director may visit and shall evaluate the
agency to determine
whether its services satisfy the standards
established by
rules
adopted under division (D)(C) of this
section. The director
shall
make the evaluation, and, if the
director visits the agency,
shall
make the visit, in cooperation
with the board
of alcohol,
drug
addiction, and mental health
services with which
the agency
seeks
to contract under division
(A)(8)(a) of section 340.03 of the Revised Code.
Subject to divisions (B) and (C) of this section If the
director determines that a community mental health agency's
services satisfy the standards and the agency has paid the fee
required under division (B) of this section, the director
shall
certify a community mental health agency's the services that the
director determines satisfy the standards.
If the director determines that a community mental health
agency's services do not satisfy the standards, the
director shall
identify the areas of noncompliance, specify what
action is
necessary to satisfy the standards, and offer technical
assistance
to the board of alcohol, drug addiction, and mental
health
services so that the board may assist the agency in
satisfying the
standards. The director shall give the
agency a reasonable time
within which to demonstrate that its
services satisfy the
standards or to bring the services
into compliance with the
standards. If the director concludes
that the services continue
to
fail to satisfy the
standards, the director may request that
the
board reallocate the
funds for the community mental health
services the agency was to
provide to another community mental
health agency whose community
mental health services satisfy the
standards. If the
board does not reallocate those funds in a
reasonable period of
time, the director may withhold state and
federal funds for the
community mental health services and
allocate those funds directly
to a community mental health agency
whose community mental health
services satisfy the standards.
(B) Each community mental health agency seeking
certification
of its community mental health services under this
section shall
pay a fee for the certification review required by
this section.
Fees shall be paid into the sale of goods and
services fund
created pursuant to section 5119.161 of the Revised
Code.
(C) The director may certify a community mental health
service only if the service is for individuals whose focus of
treatment is a mental disorder according to the edition of the
American psychiatric association's diagnostic and statistical
manual of mental disorders that is current at the time the
director issues the certification, including such services for
individuals who have a mental disorder and a co-occurring
substance use disorder, substance induced disorder, chronic
dementing organic mental disorder, mental retardation, or
developmental disability. The director may not certify a service
that is for individuals whose focus of treatment is solely a
substance use disorder, substance-induced disorder, chronic
dementing organic mental disorder, mental retardation, or
developmental disability.
(D) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code to implement this section. The
rules
shall do all of the following:
(1) Establish certification standards for community
mental
health services, including assertive community treatment and
intensive home-based mental health services, that are consistent
with nationally
recognized
applicable standards and facilitate
participation in
federal
assistance programs. The rules shall
include as
certification
standards only requirements that improve
the quality
of services
or the health and safety of clients of
community
mental health
services. The standards shall address at a
minimum all of the
following:
(a) Reporting major unusual incidents to the director;
(b) Procedures for applicants for and clients of community
mental health services to file grievances and complaints;
(e) Development of written policies addressing the rights
of
clients, including all of the following:
(i) The right to a copy of the written policies addressing
client rights;
(ii) The right at all times to be treated with
consideration
and respect for the client's privacy and dignity;
(iii) The right to have access to the client's own
psychiatric, medical, or other treatment records unless access is
specifically restricted in the client's treatment plan for clear
treatment reasons;
(iv) The right to have a client rights officer provided by
the agency or board of alcohol, drug addiction, and mental health
services advise the client of the client's rights, including the
client's rights under Chapter 5122. of the Revised Code if the
client is committed to the agency or board.
(2) Establish standards for qualifications of
mental health
professionals as defined in section 340.02 of the
Revised Code and
personnel who provide the community mental health
services;
(3) Establish the process for certification of community
mental health services;
(4) Set the amount of certification review fees based on a
portion of the cost of performing the review;
(5) Specify the type of notice and hearing to be provided
prior to a decision on whether to reallocate funds.
Sec. 5123.01. As used in this chapter:
(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of mental
retardation and developmental disabilities to provide medical
treatment for residents of the institution.
(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed
by
the managing officer of an institution for the mentally
retarded
with the approval of the director to provide
habilitation and care
for residents of the institution.
(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of
persons
with mental
retardation or a developmental disability, which
group
shall include individuals who are professionally qualified
in the
fields of medicine, psychology, and social
work, together with
such other specialists as the individual case
may require.
(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E)
"Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with
the demands of the resident's own person and of
the resident's environment and in
raising the level of the
resident's physical, mental,
social, and vocational
efficiency.
Habilitation includes but is not limited to programs
of formal,
structured education and training.
(F)
"Health officer" means any public health physician,
public health nurse, or other person authorized or designated by
a
city or general health district.
(G) "Home and community-based services" means
medicaid-funded
home and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code provided under the
medicaid
waiver components the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(H)
"Indigent person" means a person who is unable,
without
substantial financial hardship, to provide for the payment
of an
attorney and for other necessary expenses of legal
representation,
including expert testimony.
(I)
"Institution" means a public or private facility, or a
part of a public or private facility, that is
licensed by the
appropriate state
department and is equipped to provide
residential habilitation,
care, and treatment for the mentally
retarded.
(J)
"Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the
government of
the United States while in the performance of the
officer's official duties.
(K)
"Managing officer" means a person who is appointed by
the
director of mental retardation and developmental disabilities
to
be in executive control of an institution for the mentally
retarded under the jurisdiction of the department.
(L) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(M) "Medicaid case management services" means case
management
services provided to an individual with mental
retardation or
other developmental disability that the state
medicaid plan
requires.
(N)
"Mentally retarded person" means a person having
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in adaptive behavior,
manifested
during the developmental period.
(O)
"Mentally retarded person subject to
institutionalization
by court order" means a person eighteen
years
of age or older who
is at least moderately mentally retarded and
in
relation to whom,
because of the person's retardation, either
of the following
conditions exist:
(1) The person represents a very substantial risk of
physical
impairment or injury to self as manifested by
evidence
that the
person is unable to provide for and is not
providing
for
the
person's most basic physical needs and that
provision for
those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(P)
"A person who is at least moderately mentally
retarded"
means a person who is found, following a comprehensive
evaluation,
to be impaired in adaptive behavior to a moderate
degree and to be
functioning at the moderate level of
intellectual
functioning in
accordance with standard measurements
as recorded
in the most
current revision of the manual of
terminology and
classification
in mental retardation published by
the American
association on
mental retardation.
(Q) As used in this division,
"substantial functional
limitation,"
"developmental delay," and
"established risk" have
the meanings
established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one
developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language,
learning,
mobility, self-direction, capacity for independent
living, and,
if the person is at least sixteen years of age,
capacity
for economic self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(R)
"Developmentally disabled person" means a person with
a
developmental disability.
(S)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(T)
"Residence" and
"legal residence" have the same
meaning
as
"legal settlement," which is acquired by residing in
Ohio for a
period of one year without receiving general
assistance
prior to
July
17, 1995, under former Chapter 5113. of the Revised
Code,
financial
assistance under Chapter 5115. of the Revised
Code, or
assistance from a
private agency that maintains records
of
assistance given. A person having a
legal settlement in the
state
shall be considered as having legal settlement
in the
assistance
area in which the person resides. No adult
person
coming into
this
state and having a spouse or minor children
residing in
another
state shall
obtain a legal settlement in this
state as
long as
the
spouse or minor
children are receiving public
assistance, care, or
support at the expense of
the other state or
its subdivisions. For
the purpose of determining the legal
settlement of a person who is
living in a public or private
institution or in
a home subject to
licensing by the department of
job and family services,
the
department of mental health, or the
department of mental
retardation and
developmental disabilities,
the residence of the
person
shall be considered as though the
person were residing in
the county in which
the person was living
prior to the person's
entrance into the institution or
home.
Settlement once acquired
shall continue until a person has been
continuously absent from
Ohio for a period of
one year or has
acquired a legal residence in
another state. A woman who
marries
a man with legal settlement in
any county immediately acquires
the
settlement of her husband. The
legal settlement of a minor
is
that of the parents, surviving
parent, sole parent, parent who
is
designated the residential
parent and legal custodian by a
court,
other adult having
permanent custody awarded by a court,
or
guardian of the person of
the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her
legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who
has
resided in this state for one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of
the Revised Code, financial
assistance under Chapter 5115. of the
Revised Code, or assistance from a
private agency that maintains
records of assistance given
shall be considered
to have obtained a
legal settlement in this state.
(3) The legal settlement of a child under
eighteen years of
age who is in the care or custody of a public or
private child
caring agency shall not change if the legal settlement of
the
parent changes until after the child has been in the home of
the
parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(U)(1)
"Resident" means, subject to division (R)(2) of
this
section, a person
who is admitted either voluntarily
or
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised
Code subsequent to a finding of not guilty
by reason of insanity
or incompetence to stand trial or under this
chapter who is under
observation or receiving habilitation and care in an institution.
(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or
2945.402 of the Revised Code to the extent that the
reference in this
chapter to
resident, or the context in which the
reference occurs, is in conflict with
any provision of sections
2945.37 to 2945.402 of the Revised Code.
(V)
"Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(W)
"Working day" and
"court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(X)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(Y)
"Court" means the probate division of the court of
common
pleas.
(Z) "Supported living" has the same meaning as in section
5126.01 of the Revised Code.
Sec. 5123.012. (A) As used in this section:
(1) "Biological risk" and "environmental risk" have the
meanings established
pursuant to
section 5123.011 of the Revised
Code.
(2) "Handicapped preschool Preschool child with a disability"
has the same meaning as
in section 3323.01 of the Revised Code.
(B) Except as provided in division (C) of this section,
the
department of mental retardation and developmental
disabilities
shall make eligibility determinations in accordance
with the
definition of "developmental disability" in section
5123.01 of the
Revised Code. The department may adopt rules in
accordance with
Chapter 119. of the Revised Code establishing
eligibility for
programs and services for either of the following:
(1) Individuals under age six who have a biological risk
or
environmental risk of a developmental delay;
(2) Any handicapped preschool child with a disability
eligible for services
under section 3323.02 of the Revised Code
whose handicap disability is not
attributable solely to mental
illness as defined in section
5122.01 of the Revised Code.
(C)(1) The department shall make determinations of
eligibility for protective services in accordance with sections
5123.55 to 5123.59 of the Revised Code.
(2) Determinations of whether a mentally retarded person
is
subject to institutionalization by court order shall be made
in
accordance with sections 5123.71 to 5123.76 of the Revised
Code
and shall be based on the definition of "mentally retarded
person
subject to institutionalization by court order" in section
5123.01
of the Revised Code.
(3) All persons who were eligible for services and
enrolled
in programs offered by the department of mental
retardation and
developmental disabilities pursuant to this
chapter on July 1,
1991, shall continue to be eligible for those
services and to be
enrolled in those programs as long as they are
in need of
services.
Sec. 5123.033. The program fee fund is hereby created in the
state treasury. All fees collected pursuant to sections 5123.161,
5123.164, 5123.19, and 5126.25 of the Revised Code shall be
credited to the fund. Money credited to the fund shall be used
solely for the department of mental retardation and developmental
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,
and 5126.25 of the Revised Code and to provide continuing
education and professional training to employees of county boards
of mental retardation and developmental disabilities for the
purpose of section 5126.25 of the Revised Code and other providers
of services to individuals with mental retardation or a
developmental disability. If the money credited to the fund is
inadequate to pay all of the department's costs in performing
those duties and providing the continuing education and
professional training, the department may use other available
funds appropriated to the department to pay the remaining costs of
performing those duties and providing the continuing education and
professional training.
Sec. 5123.043. (A) The director of mental retardation and
developmental disabilities shall adopt rules establishing
procedures for administrative resolution of complaints filed
under
division (B) of this section and section
5126.06 of the Revised
Code. The rules shall be adopted in
accordance with Chapter 119.
of the Revised Code.
(B) Except as provided in division (C) of this section,
any
person
or county board of mental retardation and developmental
disabilities that has a complaint involving any of the programs,
services, policies, or administrative practices of the department
of mental retardation and developmental disabilities or any of
the
entities under contract with the department, may file a
complaint
with the department. Prior to commencing a civil
action regarding
the complaint, a person
or county board shall attempt to have
the
complaint
resolved through the administrative resolution
process
established
in the rules adopted under this section.
After
exhausting the
administrative resolution process, the
person
or
county board may commence a civil
action if the complaint is not
settled to the person's
or county board's
satisfaction.
(C) An employee of the department may not file
under this
section a complaint related to the terms and conditions of
employment for the employee.
(D) This section does not apply to a conflict between a
county board of mental retardation and developmental disabilities
and a person or government entity that provides or seeks to
provide services to an individual with mental retardation or other
developmental disability. Section 5126.036 of the Revised Code
applies to such a conflict.
Sec. 5123.045. No person or government entity shall
receive
payment for providing home and community-based services
unless the
person or government entity is one of the following:
(A) Certified under section 5123.16 5123.161 of the Revised
Code;
(B) Licensed as a residential facility under section 5123.19
of the Revised Code.
Sec. 5123.046. The department of mental retardation and
developmental disabilities shall review each
component of the
three-calendar-year plan it receives from
a county board of mental
retardation and developmental
disabilities under section 5126.054
of the Revised Code and, in
consultation with the department of
job and family services and
office of budget and management,
approve each
component that includes
all the information and
conditions specified in that section.
The fourth third component
of
the
plan shall be approved or disapproved not later than
forty-five
days after the
fourth third
component is submitted to
the
department
under division (B)(3) of
section 5126.054 of the
Revised
Code.
If
the department approves
all four three components
of the plan, the plan
is approved. Otherwise,
the plan is
disapproved. If the plan is
disapproved, the
department shall take
action
against the county
board under
division (B) of section
5126.056 of
the Revised Code.
In approving plans under this section, the department
shall
ensure that the aggregate of all plans provide for the
increased
enrollment into home and community-based services during
each
state fiscal year of at least five hundred individuals who
did not
receive residential services, supported living, or home
and
community-based services the prior state fiscal year if the
department has enough additional enrollment available for this
purpose.
The department shall establish protocols
that the department
shall use to determine whether a county board
is complying with
the programmatic and financial accountability mechanisms and
achieving outcomes
specified in its approved plan. If the
department
determines that a
county board is not in compliance
with the
mechanisms or achieving the outcomes specified in its
approved
plan, the department
may take action under division (F)
of
section 5126.055 of the Revised Code.
Sec. 5123.047. (A) The department of mental retardation and
developmental disabilities shall pay the nonfederal share of
medicaid expenditures for medicaid case management services if
the
services are provided to an individual with mental
retardation or
other developmental disability who a county board of mental
retardation and developmental disabilities
has determined under
section 5126.041 of the Revised Code is not
eligible for county
board services.
(B) The department shall pay the nonfederal share of
medicaid
expenditures for and home and community-based services if
any of
the following apply:
(1) The services are
provided to an individual with mental
retardation or other
developmental disability who a county board
has determined under
section 5126.041 of the Revised Code is not
eligible for county
board services;
(2) The services are provided to an individual with mental
retardation or other developmental disability given priority for
the services pursuant to division (D)(3) of section 5126.042 of
the Revised Code. The department shall pay the nonfederal share
of
medicaid expenditures for home and community-based services
provided to such an individual for as long as the individual
continues to be eligible for and receive the services, regardless
of whether the services are provided after June 30, 2003.
(3) An agreement entered into under section 5123.048 of the
Revised Code requires that the department pay the nonfederal share
of medicaid expenditures for the services for which no county
board of mental retardation and developmental disabilities is
required by section 5126.059 or 5126.0510 of the Revised Code to
pay.
Sec. 5123.048. The director of mental retardation and
developmental disabilities may enter into an agreement with a
county board of mental retardation and developmental disabilities
under which the department of mental retardation and developmental
disabilities is to pay the nonfederal share of medicaid
expenditures for one or more of the home and community-based
services provided to individuals with mental retardation or other
developmental disability residing in the county served by that the
county board would, if not for the agreement, be required by
section 5126.0510 of the Revised Code to pay. The agreement shall
specify which home and community-based services the agreement
covers. The department shall pay the nonfederal share of medicaid
expenditures for the home and community-based services that the
agreement covers as long as the agreement is in effect.
Sec. 5123.049. The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the authorization and
payment of home and community-based services and medicaid case
management services. The rules
shall provide for private providers
of the services to receive one
hundred per cent of the medicaid
allowable payment amount and for
government providers of the
services to receive the federal share
of the medicaid allowable
payment, less the amount withheld as a
fee under section 5123.0412
of the Revised Code and any amount
that may be required by rules
adopted under section 5123.0413 of
the Revised Code to be
deposited into the state MR/DD risk fund.
The
rules shall
establish the process by which county boards of
mental
retardation
and developmental disabilities shall certify
and
provide the
nonfederal share of medicaid expenditures that the
county board is
required by division (A) of section
5126.057 sections 5126.059 and
5126.0510 of
the Revised Code to pay. The process shall require a
county board
to certify that the county board has funding
available at one time
for two months costs for those expenditures.
The process may
permit a county board to certify that the county
board has funding
available at one time for more than two months
costs for those
expenditures.
Sec. 5123.0411. The department of mental retardation and
developmental disabilities may bring a mandamus action against a
county board of mental retardation and developmental disabilities
that fails to pay the nonfederal share of medicaid expenditures
that the county board is required by division (A) of section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code to
pay. The department may
bring the
mandamus action in the court of
common pleas of the
county served
by the county board or in the
Franklin county court
of common
pleas.
Sec. 5123.0414. (A) When the director of mental retardation
and developmental disabilities, under section 119.07 of the
Revised Code, sends a party a notice by registered mail, return
receipt requested, that the director intends to take action
against the party authorized by section 5123.082, 5123.166,
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised
Code and the notice is returned to the director with an
endorsement indicating that the notice was refused or unclaimed,
the director shall resend the notice by ordinary mail to the
party.
(B) If the original notice was refused, the notice shall be
deemed received as of the date the director resends the notice.
(C) If the original notice was unclaimed, the notice shall be
deemed received as of the date the director resends the notice
unless, not later than thirty days after the date the director
sent the original notice, the resent notice is returned to the
director for failure of delivery.
If the notice concerns taking action under section 5123.51 of
the Revised Code and the resent notice is returned to the director
for failure of delivery not later than thirty days after the date
the director sent the original notice, the director shall cause
the notice to be published in a newspaper of general circulation
in the county of the party's last known residence or business and
shall mail a dated copy of the published notice to the party at
the last known address. The notice shall be deemed received as of
the date of the publication.
If the notice concerns taking action under section 5123.082,
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised
Code and the resent notice is returned to the director for failure
of delivery not later than thirty days after the date the director
sent the original notice, the director shall resend the notice to
the party a second time. The notice shall be deemed received as of
the date the director resends the notice the second time.
Sec. 5123.0415. As used in this section, "license" means a
license, certificate, or evidence of registration.
Each person and government entity that applies for or holds a
valid license issued under section 5123.082, 5123.161, 5123.19,
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the
director of mental retardation and developmental disabilities of
any change in the person or government entity's address.
Sec. 5123.0416. (A) Subject to the availability of funds
appropriated to the department of mental retardation and
developmental disabilities for medicaid waiver state match, the
department shall expend, in fiscal year 2009 and each fiscal year
thereafter, not less than the amount appropriated in appropriation
item 322-416, medicaid waiver – state match, in fiscal year 2008
to do both of the following:
(1) Pay the nonfederal share of medicaid expenditures for
home and community-based services that section 5123.047 of the
Revised Code requires the department to pay;
(2) Assist county boards of mental retardation and
developmental disabilities in paying the nonfederal share of
medicaid expenditures for home and community-based services that
section 5126.0510 of the Revised Code requires county boards to
pay.
(B) The department shall make the expenditures required by
division (A)(2) of this section in the form of allocations to
county boards or by other means. If the department makes the
expenditures in the form of allocations, the process for making
the allocations shall conform to a process the department shall
establish after consulting with representatives of county boards.
Sec. 5123.051. (A) If the department of mental retardation
and
developmental disabilities determines pursuant to an audit
conducted under
section 5123.05 of the Revised Code or a
reconciliation
conducted under section 5123.18 or 5123.199 of the
Revised
Code that money is owed the state by a provider of a
service or program, the department may enter into a payment
agreement
with the provider. The agreement
shall include the
following:
(1) A schedule of installment payments whereby the money
owed
the state is to be paid in full within a period not to
exceed one
year;
(2) A provision that the provider
may pay the entire balance
owed at any
time during the term of the agreement;
(3) A provision that if any installment is not paid in
full
within forty-five days after it is due, the entire balance
owed is
immediately due and payable;
(4) Any other terms and conditions that
are agreed to by
the
department and the provider.
(B) The department may include a provision in a
payment
agreement
that requires the provider to pay
interest on the money
owed the state. The department, in
its discretion, shall determine
whether to require the payment of
interest and, if it so requires,
the rate of interest. Neither
the obligation to pay interest nor
the rate of interest is
subject to negotiation between the
department and the
provider.
(C) If the provider fails to pay
any installment in full
within forty-five days after its due
date, the department shall
certify the entire balance
owed to the
attorney general for
collection under section 131.02 of the
Revised Code. The
department may withhold funds from payments made to a
provider
under section 5123.18 or 5123.199 of the
Revised Code to satisfy a
judgment secured by the attorney general.
(D) The purchase of service fund is hereby
created. Money
credited to the fund shall be used solely for purposes of
section
5123.05 of the
Revised Code.
Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of
the Revised Code:
(1) "Provider" means a person or government entity certified
by the director of mental retardation and developmental
disabilities to provide supported living.
(2) "Related party" means any of the following:
(a) In the case of a provider who is an individual, any of
the following:
(i) The spouse of the provider;
(ii) A parent or stepparent of the provider or provider's
spouse;
(iii) A child of the provider or provider's spouse;
(iv) A sibling, half sibling, or stepsibling of the provider
or provider's spouse;
(v) A grandparent of the provider or provider's spouse;
(vi) A grandchild of the provider or provider's spouse;
(vii) An employee or employer of the provider or provider's
spouse.
(b) In the case of a provider that is a person other than an
individual, any of the following:
(i) An employee of the person;
(ii) An officer of the provider, including the chief
executive officer, president, vice-president, secretary, and
treasurer;
(iii) A member of the provider's board of directors or
trustees;
(iv) A person owning a financial interest of five per cent or
more in the provider;
(v) A corporation that has a subsidiary relationship with the
provider;
(vi) A person or government entity that has control over the
provider's day-to-day operation;
(vii) A person over which the provider has control of the
day-to-day operation.
(c) In the case of a provider that is a government entity,
any of the following:
(i) An employee of the provider;
(ii) An officer of the provider;
(iii) A member of the provider's governing board;
(iv) A government entity that has control over the provider's
day-to-day operation;
(v) A person or government entity over which the provider has
control of the day-to-day operation.
(B) No person or government entity may provide supported
living without a valid supported living certificate issued by the
director of mental retardation and developmental disabilities.
(C) A county board of mental retardation and developmental
disabilities may provide supported living only to the extent
permitted by rules adopted under section 5123.169 of the Revised
Code.
Sec. 5123.161. A person or government entity that seeks to
provide supported living shall apply to the director of mental
retardation and developmental disabilities for a supported living
certificate.
Except as provided in section 5123.166 of the Revised Code,
the director shall issue the applicant a supported living
certificate if the applicant follows the application process
established in rules adopted under section 5123.169 of the Revised
Code, meets the applicable certification standards established in
those rules, and pays the certification fee established in those
rules.
Sec. 5123.162. The director of mental retardation and
developmental disabilities may conduct surveys of persons and
government entities that seek a supported living certificate to
determine whether the persons and government entities meet the
certification standards. The director may also conduct surveys of
providers to determine whether the providers continue to meet the
certification standards. The director shall conduct the surveys in
accordance with rules adopted under section 5123.169 of the
Revised Code.
The records of surveys conducted under this section are
public records for the purpose of section 149.43 of the Revised
Code and shall be made available on the request of any person or
government entity.
Sec. 5123.163. A supported living certificate is valid for a
period of time established in rules adopted under section 5123.169
of the Revised Code, unless any of the following occur before the
end of that period of time:
(A) The director of mental retardation and developmental
disabilities issues
an order requiring that action be taken
against the certificate holder under section 5123.166 of the
Revised Code.
(B) The director issues an order terminating the certificate
under section 5123.168 of the Revised Code.
(C) The certificate holder voluntarily surrenders the
certificate to the director.
Sec. 5123.164. Except as provided in section 5123.166 of the
Revised Code, the director of mental retardation and developmental
disabilities shall renew a supported living certificate if the
certificate holder follows the renewal process established in
rules adopted under section 5123.169 of the Revised Code,
continues to meet the applicable certification standards
established in those rules, and pays the renewal fee established
in those rules.
Sec. 5123.165. (A) Except as provided in division (B) of
this section, no person or government entity may provide supported
living to an individual with mental retardation or a developmental
disability if the person or government entity also provides the
individual a
residence.
(B) A person may provide supported living to an individual
with mental retardation or a developmental disability even though
the person also provides the
individual a residence if either of
the following apply:
(1) The person also resides in the residence with the
individual and does not provide at any one time supported living
to more than a total of three individuals with mental retardation
or a developmental disability who reside in that residence;
(2) The person is an association of family members related to
two or more of the individuals with mental retardation or a
developmental disability who reside in the residence and does not
provide at any one time supported living to more than a total of
four individuals with mental retardation or a developmental
disability who reside in that residence.
Sec. 5123.166. (A) If good cause exists as specified in
division (B) of this section and determined in accordance with
procedures established in rules adopted under section 5123.169 of
the Revised Code, the director of mental retardation and
developmental disabilities may issue an adjudication order
requiring that one of the following actions be taken against a
person or government entity seeking or holding a supported living
certificate:
(1) Refusal to issue or renew a supported living certificate;
(2) Revocation of a supported living certificate;
(3) Suspension of a supported living certificate holder's
authority to do either or both of the following:
(a) Continue to provide supported living to one or more
individuals from one or more counties who receive supported living
from the certificate holder at the time the director takes the
action;
(b) Begin to provide supported living to one or more
individuals from one or more counties who do not receive supported
living from the certificate holder at the time the director takes
the action.
(B) The following constitute good cause for taking action
under division (A) of this section against a person or government
entity seeking or holding a supported living certificate:
(1) The person or government entity's failure to meet or
continue to meet the applicable certification standards
established in rules adopted under section 5123.169 of the Revised
Code;
(2) The person or government entity violates section 5123.165
of the Revised Code;
(3) The person or government entity's failure to satisfy the
requirements of section 5123.52, 5126.28, or 5126.281 of the
Revised Code;
(7) Confirmed abuse or neglect;
(8) Financial irresponsibility;
(9) Other conduct the director determines is or would be
injurious to individuals who receive or would receive supported
living from the person or government entity.
(C) Except as provided in division (D) of this section, the
director shall issue an adjudication order under division (A) of
this section in accordance with Chapter 119. of the Revised Code.
(D)(1) The director may issue an order requiring that action
specified in division (A)(3) of this section be taken before a
provider is provided notice and an opportunity for a hearing if
all of the following are the case:
(a) The director determines such action is warranted by the
provider's failure to continue to meet the applicable
certification standards;
(b) The director determines that the failure either
represents a pattern of serious noncompliance or creates a
substantial risk to the health or safety of an individual who
receives or would receive supported living from the provider;
(c) If the order will suspend the provider's authority to
continue to provide supported living to an individual who receives
supported living from the provider at the time the director issues
the order, both of the following are the case:
(i) The director makes the individual, or the individual's
guardian, aware of the director's determination under division
(D)(1)(b) of this section and the individual or guardian does not
select another provider.
(ii) A county board of mental retardation and developmental
disabilities has filed a complaint with a probate court under
section 5123.33 of the Revised Code that includes facts describing
the nature of abuse or neglect that the individual has suffered
due to the provider's actions that are the basis for the director
making the determination under division (D)(1)(b) of this section
and the probate court does not issue an order authorizing the
county board to arrange services for the individual pursuant to an
individualized service plan developed for the individual under
section 5123.31 of the Revised Code.
(2) If the director issues an order under division (D)(1) of
this section, sections 119.091 to 119.13 of the Revised Code and
all of the following apply:
(a) The director shall send the provider notice of the order
by registered mail, return receipt requested, not later than
twenty-four hours after issuing the order and shall include in the
notice the reasons for the order, the citation to the law or rule
directly involved, and a statement that the provider will be
afforded a hearing if the provider requests it within ten days of
the time of receiving the notice.
(b) If the provider requests a hearing within the required
time and the provider has provided the director the provider's
current address, the director shall immediately set, and notify
the provider of, the date, time, and place for the hearing.
(c) The date of the hearing shall be not later than thirty
days after the director receives the provider's timely request for
the hearing.
(d) The hearing shall be conducted in accordance with section
119.09 of the Revised Code, except for all of the following:
(i) The hearing shall continue uninterrupted until its close,
except for weekends, legal holidays, and other interruptions the
provider and director agree to.
(ii) If the director appoints a referee or examiner to
conduct the hearing, the referee or examiner, not later than ten
days after the date the referee or examiner receives a transcript
of the testimony and evidence presented at the hearing or, if the
referee or examiner does not receive the transcript or no such
transcript is made, the date that the referee or examiner closes
the record of the hearing, shall submit to the director a written
report setting forth the referee or examiner's findings of fact
and conclusions of law and a recommendation of the action the
director should take.
(iii) The provider may, not later than five days after the
date the director, in accordance with section 119.09 of the
Revised Code, sends the provider or the provider's attorney or
other representative of record a copy of the referee or examiner's
report and recommendation, file with the director written
objections to the report and recommendation.
(iv) The director shall approve, modify, or disapprove the
referee or examiner's report and recommendation not earlier than
six days, and not later than fifteen days, after the date the
director, in accordance with section 119.09 of the Revised Code,
sends a copy of the report and recommendation to the provider or
the provider's attorney or other representative of record.
(3) The director may lift an order issued under division
(D)(1) of this section even though a hearing regarding the order
is occurring or pending if the director determines that the
provider has taken action eliminating the good cause for issuing
the order. The hearing shall proceed unless the provider withdraws
the request for the hearing in a written letter to the director.
(4) The director shall lift an order issued under division
(D)(1) of this section if both of the following are the case:
(a) The provider provides the director a plan of compliance
the director determines is acceptable.
(b) The director determines that the provider has implemented
the plan of compliance correctly.
Sec. 5123.167. If the director of mental retardation and
developmental disabilities issues an adjudication order under
section 5123.166 of the Revised Code refusing to issue a supported
living certificate to a person or government entity or to renew a
person or government entity's supported living certificate,
neither the person or government entity nor a related party of the
person or government entity may apply for another supported living
certificate earlier than the date that is one year after the date
the order is issued. If the director issues an adjudication order
under that section revoking a person or government entity's
supported living certificate, neither the person or government
entity nor a related party of the person or government entity may
apply for another supported living certificate earlier than the
date that is five years after the date the order is issued.
Sec. 5123.168. The director of mental retardation and
developmental disabilities may issue an adjudication order in
accordance with Chapter 119. of the Revised Code to terminate a
supported living certificate if the certificate holder has not
billed for supported living for twelve consecutive months.
Sec. 5123.169. The director of mental retardation and
developmental disabilities shall adopt rules under Chapter 119. of
the Revised Code establishing all of the following:
(A) The extent to which a county board of mental retardation
and developmental disabilities may provide supported living;
(B) The application process for obtaining a supported living
certificate under section 5123.161 of the Revised Code;
(C) The certification standards a person or government entity
must meet to obtain a supported living certificate to provide
supported living;
(D) The certification fee for a supported living certificate,
which shall be deposited into the program fee fund created under
section 5123.033 of the Revised Code;
(E) The period of time a supported living certificate is
valid;
(F) The process for renewing a supported living certificate
under section 5123.164 of the Revised Code;
(G) The renewal fee for a supported living certificate, which
shall be deposited into the program fee fund created under section
5123.033 of the Revised Code;
(H) Procedures for conducting surveys under section 5123.162
of the Revised Code;
(I) Procedures for determining whether there is good cause to
take action under section 5123.166 of the Revised Code against a
person or government entity seeking or holding a supported living
certificate.
Sec. 5123.19. (A) As used in this section and in
sections
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the
Revised
Code:
(1)(a) "Residential facility" means a home or facility in
which
a mentally retarded or developmentally disabled person
resides,
except the home of a relative or legal guardian in which
a
mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only
mentally
retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(b) "Intermediate care facility for the mentally retarded"
means a residential facility that is considered an intermediate
care facility for the mentally retarded for the purposes of
Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
county, or township.
(3) "Independent living arrangement" means an arrangement
in
which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or
the
person's
guardian, which is not dedicated principally to the
provision of
residential services for mentally retarded or
developmentally
disabled persons, and for which no financial
support is received
for rendering such service from any
governmental agency by a
provider of residential services.
(4) "Supported living" has the same meaning as in section
5126.01 of the Revised Code.
(5) "Licensee" means the person or government agency that
has
applied for a license to operate a residential facility and
to
which the license was issued under this section.
(5) "Related party" has the same meaning as in section
5123.16 of the Revised Code except that "provider" as used in the
definition of "related party" means a person or government entity
that held or applied for a license to operate a residential
facility, rather than a person or government entity certified to
provide supported living.
(B) Every person or government agency desiring to operate
a
residential facility shall apply for licensure of the facility
to
the director of mental retardation and developmental
disabilities
unless the residential facility is subject to
section 3721.02,
3722.04, 5103.03, or 5119.20 of the Revised
Code. Notwithstanding
Chapter 3721. of the Revised Code, a
nursing home that is
certified as an intermediate care facility
for the mentally
retarded under Title XIX of the "Social Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396, as amended, shall
apply
for
licensure of the portion of the home that is certified
as an
intermediate care facility for the mentally retarded.
(C) Subject to section 5123.196 of the Revised Code, the
director of mental retardation and developmental
disabilities
shall license
the operation of
residential facilities.
An
initial
license
shall be issued for a
period
that does not exceed one
year, unless the director denies
the license under division (D) of
this section. A license shall
be renewed for a
period that does
not exceed three years, unless
the director refuses to renew the
license under division (D) of
this section. The director, when
issuing or renewing a license,
shall specify the period for which
the license is being issued or
renewed. A license remains valid
for the length of the licensing
period specified by the director,
unless the
license is
terminated, revoked, or voluntarily
surrendered.
(D) If it is determined that an applicant or licensee
is
not
in compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under
such a
provision,
the director may deny issuance of a license, refuse to
renew a
license, terminate a license, revoke a license, issue an
order for
the suspension of admissions to a facility, issue an
order for the
placement of a monitor at a facility, issue an order
for the
immediate removal of residents, or take any other action
the
director considers necessary consistent with the director's
authority under this chapter regarding residential facilities. In
the director's selection and
administration of the sanction to be
imposed, all of the following
apply:
(1) The director may deny, refuse to renew, or revoke a
license, if the director determines that the applicant or licensee
has demonstrated a pattern of serious noncompliance or that
a
violation creates a substantial risk to the health and safety of
residents of a residential facility.
(2) The director may terminate a license if more than twelve
consecutive months have elapsed since the
residential facility was
last occupied by a resident or a notice
required by division
(J)(K)
of this section is not given.
(3) The director may issue an order for the suspension of
admissions to a facility for any violation that may result in
sanctions under
division (D)(1) of this section and for any other
violation
specified in rules adopted under division (G)(H)(2) of
this
section.
If the suspension of admissions is imposed for a
violation that
may result in sanctions under division (D)(1) of
this section, the
director may impose the suspension before
providing an opportunity for an adjudication under Chapter 119. of
the Revised Code. The
director shall lift an order for the
suspension of admissions
when the director determines that the
violation that formed the basis
for the order has been
corrected.
(4) The director may order the placement of a monitor at a
residential facility for any violation specified in rules adopted
under division (G)(H)(2) of this section. The director shall lift
the order when the director determines that the violation that
formed the basis for the order
has been corrected.
(5) If the director determines that two or more residential
facilities owned or operated by the same person or government
entity are not being operated in compliance with a provision of
this chapter that applies to residential facilities or
the rules
adopted under such a provision, and the director's findings are
based
on the same or a substantially similar action, practice,
circumstance, or incident that creates a substantial risk to the
health and safety of the residents, the director shall conduct a
survey as soon as practicable at each residential facility owned
or operated by that person or government entity. The director may
take any action authorized by this section with respect to any
facility found to be operating in violation of a provision of this
chapter that applies to residential facilities or the
rules
adopted under such a provision.
(6) When the director initiates license revocation
proceedings,
no opportunity for submitting a plan of correction
shall be
given.
The director shall notify the licensee by letter
of the
initiation
of the proceedings. The letter shall list the
deficiencies of
the residential facility and inform the licensee
that no plan of
correction will be accepted. The director shall
also notify each
affected resident, the resident's guardian if
the
resident is an
adult for whom a guardian has been appointed,
the
resident's
parent or guardian if the resident is a minor, and
the
county
board of mental retardation and developmental
disabilities
send a copy of the letter to the county board of mental
retardation and developmental disabilities. The county board shall
send a copy of the letter to each of the following:
(a) Each resident who receives services from the licensee;
(b) The guardian of each resident who receives services from
the licensee if the resident has a guardian;
(c) The parent or guardian of each resident who receives
services from the licensee if the resident is a minor.
(7) Pursuant to rules which shall be adopted in
accordance
with
Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger
of
physical or psychological harm to the residents.
(8) In determining whether a residential facility is being
operated in compliance with a provision of this chapter that
applies to residential facilities or the rules adopted
under such
a provision, or whether conditions at a residential facility
present
an immediate danger of physical or psychological harm to
the
residents, the director may rely on information obtained by a
county board of mental retardation and developmental disabilities
or other governmental agencies.
(9) In proceedings initiated to deny, refuse to renew, or
revoke licenses, the director may deny, refuse to renew, or revoke
a license
regardless of whether some or all of the deficiencies
that
prompted the proceedings have been corrected at the time of
the
hearing.
(E) The director shall establish a program
under which
public
notification may be made when the director has initiated
license
revocation proceedings or has issued an order for the
suspension
of admissions, placement of a monitor, or removal of
residents.
The director shall adopt rules in accordance with
Chapter 119. of
the Revised Code to
implement this division. The
rules shall
establish the procedures
by which the public
notification will be
made and specify the
circumstances for which
the notification must
be made.
The rules shall require that public
notification be made
if the director
has
taken action against the
facility in the
eighteen-month period
immediately preceding the
director's latest
action against the
facility and the latest
action is being taken
for the same or a
substantially similar
violation of a provision
of this chapter that applies to
residential facilities or the
rules
adopted under such a
provision. The rules shall specify a
method for removing
or
amending the public notification if the
director's action is
found
to have been unjustified or the
violation at the residential
facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section,
appeals from proceedings initiated to
impose a sanction under
division
(D) of this section shall be
conducted
in
accordance
with
Chapter
119. of the Revised Code.
(2) Appeals from proceedings initiated to order the
suspension
of
admissions to a facility shall be conducted in
accordance with
Chapter 119. of the Revised Code, unless the order
was issued
before providing an opportunity for an adjudication, in
which case
all of the following apply:
(a) The licensee may request a hearing not later than
ten
days after receiving the notice specified in section 119.07 of
the
Revised Code.
(b) If a timely request for a hearing that includes the
licensee's current address is made, the hearing
shall commence not
later than thirty days after the department
receives the request.
(c) After commencing, the hearing shall continue
uninterrupted, except for Saturdays, Sundays, and legal holidays,
unless other interruptions are agreed to by the licensee and
the
director.
(d) If the hearing is conducted by a hearing examiner, the
hearing examiner shall file a report and recommendations not later
than ten days after the last of the following:
(i) The close of the hearing;
(ii) If a transcript of the proceedings is ordered, the
hearing examiner receives the transcript;
(iii) If post-hearing briefs are timely filed, the hearing
examiner receives the briefs.
(e) A copy of the written report and recommendation of the
hearing examiner shall be sent, by certified mail, to the licensee
and the licensee's attorney, if applicable, not later than five
days after the report is filed.
(f) Not later than five days after the hearing examiner
files
the report and recommendations, the licensee may file
objections
to the report and recommendations.
(f)(g) Not later than fifteen days after the hearing examiner
files the report and recommendations, the director shall issue an
order approving, modifying, or disapproving the report and
recommendations.
(g)(h) Notwithstanding the pendency of the hearing, the
director shall lift the order for the suspension of admissions
when the director determines that the violation that formed the
basis for the order has been
corrected.
(G) Neither a person or government agency whose application
for a license to operate a residential facility is denied nor a
related party of the person or government agency may apply for a
license to operate a residential facility before the date that is
one year after the date of the denial. Neither a licensee whose
residential facility license is revoked nor a related party of the
licensee may apply for a residential facility license before the
date that is five years after the date of the revocation.
(H) In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for
licensing
and regulating the operation of residential facilities, including
intermediate care facilities for the mentally retarded. The rules
for intermediate care facilities for the mentally retarded may
differ from those for other residential facilities.
The rules
shall establish
and specify the following:
(1) Procedures
and criteria for issuing
and renewing
licenses, including procedures and criteria for determining the
length of the licensing period that the director must specify for
each license when it is issued or renewed;
(2) Procedures and criteria for denying,
refusing to renew,
terminating,
and revoking
licenses
and for ordering the suspension
of
admissions
to a facility, placement of a monitor
at a facility,
and the
immediate removal of residents from a facility;
(3) Fees for issuing
and renewing licenses, which shall be
deposited into the program fee fund created under section 5123.033
of the Revised Code;
(4) Procedures for
surveying
residential
facilities;
(5) Requirements for the training of residential facility
personnel;
(6) Classifications for the various types of residential
facilities;
(7) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(8) The maximum number of persons who may be served in a
particular type of residential facility;
(9) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule
adopted
under this section.
(H)(I) Before issuing a license, the director of the
department
or the director's designee shall conduct
a survey of
the
residential facility for which application is
made. The
director
or the director's designee shall conduct
a
survey of
each
licensed
residential facility at least
once
during the period the
license is valid and may
conduct
additional inspections as needed.
A survey
includes
but is
not limited to an on-site examination and
evaluation of the
residential facility, its personnel, and the
services provided
there.
In conducting
surveys, the director or the
director's
designee
shall be given access to the residential
facility; all
records,
accounts, and any other documents related
to the
operation of the
facility; the licensee; the residents of
the
facility; and all
persons acting on behalf of, under the
control
of, or in
connection with the licensee. The licensee and
all
persons on
behalf of, under the control of, or in connection
with
the
licensee shall cooperate with the director or the
director's
designee in
conducting the
survey.
Following each
survey, unless the director
initiates a
license revocation proceeding, the director or the
director's
designee shall
provide the licensee with a report
listing any
deficiencies,
specifying a timetable within which the
licensee
shall submit a
plan of correction describing how the
deficiencies
will be
corrected, and, when appropriate, specifying
a timetable
within
which the licensee must correct the
deficiencies. After a
plan
of
correction is submitted, the
director or the director's
designee
shall
approve or disapprove
the plan. A copy of the
report and
any
approved plan of
correction shall be provided to
any person
who
requests it.
The director shall
initiate disciplinary action against any
department employee who notifies or causes
the notification to any
unauthorized person of an unannounced
survey of a
residential
facility by an authorized
representative of the
department.
(I)(J) In addition to any other information which may be
required of applicants for
a
license pursuant to this
section,
the
director shall require each applicant
to provide a
copy of an
approved plan for a proposed
residential facility
pursuant to
section 5123.042 of the Revised
Code.
This division does not apply
to renewal of a license.
(J)(K) A licensee shall notify the owner of the
building in
which the licensee's residential facility is located
of any
significant change in the identity of the licensee or
management
contractor before the effective date of the change if
the licensee
is not the owner of the building.
Pursuant to rules which shall
be adopted in
accordance
with
Chapter 119. of the Revised Code,
the director may
require
notification to the department of any
significant change
in the
ownership of a residential facility or
in the identity of
the
licensee or management contractor.
If the director determines that
a
significant
change of
ownership
is proposed, the director shall
consider the
proposed
change to
be
an application for development
by a new
operator
pursuant to
section 5123.042 of the Revised Code
and
shall
advise
the
applicant within sixty days of the
notification
that
the
current
license shall continue in effect or
a new license
will be
required
pursuant to this section.
If the
director requires a new
license,
the director shall permit the
facility to continue to
operate
under the current license until
the new license is issued,
unless
the current license is revoked,
refused to be renewed, or
terminated in accordance with Chapter
119. of the Revised Code.
(K)(L) A county board of mental retardation and
developmental
disabilities, the legal rights service, and any
interested person
may file complaints alleging violations of
statute or department
rule relating to residential facilities with
the department. All
complaints shall be in writing and shall
state the facts
constituting the basis of the allegation. The
department shall
not
reveal the source of any complaint unless the
complainant
agrees
in writing to waive the right to
confidentiality or until
so
ordered by a court of competent
jurisdiction.
The department shall
adopt rules
in accordance with Chapter
119. of the Revised Code establishing
procedures for the receipt,
referral, investigation, and
disposition of complaints filed with
the department under this
division.
(L)(M) The department shall establish procedures for the
notification of interested parties of the transfer or interim
care
of residents from residential facilities that are closing or
are
losing their license.
(M)(N)
Before issuing a license under this section to a
residential facility that will
accommodate at any time
more than
one mentally retarded or developmentally disabled
individual, the
director shall, by first class
mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the fiscal officer of the appropriate board of
township
trustees.
The director shall
not
issue the license for ten
days
after
mailing the notice, excluding
Saturdays, Sundays, and legal
holidays, in order to give the
notified local officials time in
which to comment on the proposed
issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing
to
the director within ten days after the director mailed the
notice,
excluding Saturdays, Sundays, and legal holidays. If the
director
receives written comments from any notified officials
within the
specified time, the director shall make written
findings
concerning the comments and the director's decision on the
issuance of the
license. If the director does not receive written
comments from
any notified local officials within the specified
time, the
director shall
continue the process for issuance of the
license.
(N)(O) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least six but
not more than eight
persons with mental retardation or a
developmental disability as a
permitted use in any residential
district or zone, including any
single-family residential district
or zone, of any political
subdivision. These residential
facilities may be
required to comply with area,
height, yard, and
architectural compatibility requirements that
are uniformly
imposed upon all single-family residences within
the district or
zone.
(O)(P) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least nine
but not more than
sixteen persons with mental retardation or a
developmental
disability as a
permitted use in any multiple-family
residential district or zone
of any political subdivision, except
that a political subdivision
that has enacted a zoning ordinance
or resolution establishing
planned unit development districts may
exclude these
residential facilities from
those districts, and a
political subdivision that has enacted a
zoning ordinance or
resolution may regulate these
residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of
the
residential facility and the location, nature, and
height of any
walls,
screens, and fences to be compatible with adjoining land
uses and
the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of these residential
facilities.
(P)(Q) This section does not prohibit a political
subdivision
from applying to residential facilities
nondiscriminatory
regulations requiring compliance with health,
fire, and safety
regulations and building standards and
regulations.
(Q)(R) Divisions
(N)(O)
and
(O)(P) of this section are not
applicable to municipal corporations that had in effect on June
15, 1977, an ordinance specifically permitting in residential
zones licensed residential facilities by means of permitted uses,
conditional uses, or special exception, so long as such ordinance
remains in effect without any substantive modification.
(R)(S)(1) The director may issue an interim license to
operate a
residential facility to an applicant for a license under
this
section if
either of the following
is
the case:
(a) The director determines that an emergency exists
requiring immediate placement of persons in a residential
facility,
that insufficient licensed beds are available, and that
the residential
facility
is likely to receive a
permanent license
under this
section within
thirty
days after issuance of the
interim license.
(b) The director determines that the issuance of an interim
license is necessary to meet a temporary need for a residential
facility.
(2) To be eligible to receive an interim license, an
applicant must meet the same criteria that must be met to receive
a permanent license under this section, except for any differing
procedures and time frames that may apply to issuance of a
permanent license.
(3) An interim license shall be valid for thirty days and
may
be renewed by the director
for a period not
to exceed one hundred
fifty days.
(4) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code as the director considers
necessary to
administer the issuance of interim licenses.
(S)(T) Notwithstanding rules adopted pursuant to this
section
establishing the maximum number of persons who may be
served in a
particular type of residential facility, a residential
facility
shall be permitted to serve the same number of persons
being
served by the facility on the effective date of the rules
or the
number of persons for which the facility is authorized
pursuant
to
a current application for a certificate of need with a
letter
of
support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(T)(U) The director or the director's designee may enter at
any time,
for purposes of investigation, any home, facility, or
other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating
the
facility from continuing to operate without a license. The
court
may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
Sec. 5123.196. (A) Except as provided in division (F) of this
section, the director of mental retardation and developmental
disabilities shall not issue a license under section 5123.19 of
the Revised Code on or after July 1, 2003, if issuance will result
in there being more beds in all residential facilities licensed
under that section than is permitted under division (B) of this
section.
(B) Except as provided in division (D) of this section, the
maximum number of beds for the purpose of division (A) of this
section shall not exceed ten thousand eight hundred thirty-eight
minus, except as provided in division (C) of this section, both of
the following:
(1) The number of such beds that cease to be residential
facility beds on or after July 1, 2003, because a residential
facility license is revoked, terminated, or not renewed for any
reason or is surrendered in accordance with section 5123.19 of the
Revised Code and after the issuance of an adjudication order
pursuant to Chapter 119. of the Revised Code;
(2) The number of such beds for which a licensee voluntarily
converts to use for supported living on or after July 1, 2003.
(C) The director is not required to reduce the maximum number
of beds pursuant to division (B) of this section by a bed that
ceases to be a residential facility bed if the director determines
that the bed is needed to provide services to an individual with
mental retardation or a developmental disability who resided in
the residential facility in which the bed was located unless the
reason the bed ceases to be a residential facility bed is because
it is converted to providing home and community-based services
under the ICF/MR conversion pilot program that is authorized by a
waiver sought under division (B)(1) of section 5111.88 of the
Revised Code.
(D) The director shall increase the number of beds determined
under division (B) of this section if necessary to enable the
operator of a residential facility to do either of the following:
(1) Obtain a residential facility license as required by
section 5111.8814 of the Revised Code;
(2) Reconvert beds to providing ICF/MR services under section
5111.8811 of the Revised Code.
(E) The director shall maintain an up-to-date written record
of the maximum number of residential facility beds provided for by
division (B) of this section.
(F) The director may issue an interim license under division
(R)(S) of section 5123.19 of the Revised Code and issue, pursuant
to rules adopted under division (G)(H)(11) of that section, a
waiver allowing a residential facility to admit more residents
than the facility is licensed to admit regardless of whether the
interim license or waiver will result in there being more beds in
all residential facilities licensed under that section than is
permitted under division (B) of this section.
Sec. 5123.198. (A) As used in this section, "date of the
commitment" means the date that an individual specified in
division (B) of this section begins to reside in a state-operated
intermediate care facility for the mentally retarded after being
committed to the facility pursuant to sections 5123.71 to 5123.76
of the Revised Code.
(B)
Except as provided in division (C) of this section,
whenever a resident of a residential facility is committed to a
state-operated intermediate care facility for the mentally
retarded pursuant to sections 5123.71 to 5123.76 of the Revised
Code, the department of mental retardation and developmental
disabilities, pursuant to an adjudication order issued in
accordance with Chapter 119. of the Revised Code, shall reduce by
one the number of residents for which the facility in which the
resident resided is licensed.
(C) The department shall not reduce under division (B) of
this section the number of residents for which a residential
facility is licensed if any of the following are the case:
(1) The resident of the residential facility who is committed
to a state-operated intermediate care facility for the mentally
retarded resided in the residential facility because of the
closure, on or after the effective date of this section June 26,
2003, of another state-operated intermediate care facility for the
mentally retarded;
(2)
The residential facility admits within ninety days of the
date of the commitment an individual who resides on the date of
the commitment in a state-operated intermediate care facility for
the mentally retarded or another residential facility;
(3) The department fails to do either of the following within
ninety days of the date of the commitment:
(a) Identify an individual to whom all of the following
applies:
(i) Resides on the date of the commitment in a state-operated
intermediate care facility for the mentally retarded or another
residential facility;
(ii) Has indicated to the department an interest in
relocating to the residential facility or has a parent or guardian
who has indicated to the department an interest for the individual
to relocate to the residential facility;
(iii) The department determines the individual has needs that
the residential facility can meet.
(b) Provide the residential facility with information about
the individual identified under division (C)(2)(a) of this section
that the residential facility needs in order to determine whether
the facility can meet the individual's needs.
(4) If the department completes the actions specified in
divisions (C)(3)(a) and (b) of this section not later than ninety
days after the date of the commitment and except as provided in
division (D) of this section, the residential facility does all of
the following not later than ninety days after the date of the
commitment:
(a) Evaluates the information provided by the department;
(b) Assesses the identified individual's needs;
(c) Determines that the residential facility cannot meet the
identified individual's needs.
(5) If the department completes the actions specified in
divisions (C)(3)(a) and (b) of this section not later than ninety
days after the date of the commitment and the residential facility
determines that the residential facility can meet the identified
individual's needs, the individual, or a parent or guardian of the
individual, refuses placement in the residential facility.
(D) The department may reduce under division (B) of this
section the number of residents for which a residential facility
is licensed even though the residential facility completes the
actions specified in division (C)(4) of this section not later
than ninety days after the date of the commitment if all of the
following are the case:
(1) The department disagrees with the residential facility's
determination that the residential facility cannot meet the
identified individual's needs.
(2) The department issues a written decision pursuant to the
uniform procedures for admissions, transfers, and discharges
established by rules adopted under division (G)(H)(9) of section
5123.19 of the Revised Code that the residential facility should
admit the identified individual.
(3) After the department issues the written decision
specified in division (D)(2) of this section, the residential
facility refuses to admit the identified individual.
(E)
A residential facility that admits, refuses to admit,
transfers, or discharges a resident under this section shall
comply with the uniform procedures for admissions, transfers, and
discharges established by rules adopted under division (G)(H)(9)
of section 5123.19 of the Revised Code.
(F) The department of mental retardation and developmental
disabilities may notify the department of job and family services
of any reduction under this section in the number of residents for
which a residential facility that is an intermediate care facility
for the mentally retarded is licensed. On receiving the notice,
the department of job and family services may transfer to the
department of mental retardation and developmental disabilities
the savings in the nonfederal share of medicaid expenditures for
each fiscal year after the year of the commitment to be used for
costs of the resident's care in the state-operated intermediate
care facility for the mentally retarded. In determining the amount
saved, the department of job and family services shall consider
medicaid payments for the remaining residents of the facility in
which the resident resided.
Sec. 5123.20. As used in this section, "supported living"
has the same meaning as in section 5126.01 of the Revised Code.
No person or government agency shall operate a residential
facility or receive a mentally retarded or developmentally
disabled person as a resident of a residential facility unless
the
facility is licensed under section 5123.19 of the Revised
Code,
and no person or governmental agency shall operate a
respite care
home or receive a mentally retarded or
developmentally disabled
person in a respite care home unless the
home is certified under
section 5126.05 of the Revised Code.
No person or government agency shall provide supported
living
unless that person or government agency is certified under
section
5126.431 of the Revised Code.
Sec. 5123.211. (A) As used in this section, "residential
services" and "supported living" have has the same meanings
meaning as in
section 5126.01 of the Revised Code.
(B) The department of mental retardation and developmental
disabilities shall provide or arrange provision of residential
services for each person who, on or after July 1, 1989, ceases to
be a resident of a state institution because of closure of the
institution or a reduction in the institution's population by
forty per cent or more within a period of one year. The services
shall be provided in the county in which the person chooses to
reside and shall consist of one of the following as determined
appropriate by the department in consultation with the county
board of mental retardation and developmental disabilities of the
county in which the services are to be provided:
(1) Residential services provided pursuant to section
5123.18
of the Revised Code;
(2) Supported living provided pursuant to section 5123.182
of
the Revised Code;
(3) Residential services for which reimbursement is made
under the medical assistance program established under section
5111.01 of the Revised Code;
(4)(3) Residential services provided in a manner or setting
approved by the director of mental retardation and developmental
disabilities.
(C) Not less than six months prior to closing a state
institution or reducing a state institution's population by forty
per cent or more within a period of one year, the department
shall
identify those counties in which individuals leaving the
institution have chosen to reside and notify the county boards of
mental retardation and developmental disabilities in those
counties of the need to develop the services specified in
division
(B) of this section. The notice shall specify the
number of
individuals requiring services who plan to reside in
the county
and indicate the amount of funds the department will
use to
provide or arrange services for those individuals.
(D) In each county in which one or more persons receive
residential services pursuant to division (B) of this section,
the
department shall provide or arrange provision of residential
services, or shall distribute moneys to the county board of
mental
retardation and developmental disabilities to provide or
arrange
provision of residential services, for an equal number of
persons
with mental retardation or developmental disabilities in
that
county who the county board has determined need residential
services but are not receiving them.
Sec. 5123.38. (A) Except as provided in division (B) and (C)
of this section, if an individual receiving supported living or
home and community-based services, as defined in section 5126.01
of the Revised Code, funded by a county board of mental
retardation and developmental disabilities is committed to a
state-operated intermediate care facility for the mentally
retarded pursuant to sections 5123.71 to 5123.76 of the Revised
Code, the department of mental retardation and developmental
disabilities shall use the funds otherwise allocated to the county
board as the nonfederal share of medicaid expenditures for the
individual's care in the state-operated facility.
(B) Division (A) of this section does not apply if the county
board, not later than ninety days after the date of the commitment
of a person receiving supported services, commences funding of
supported living for an individual who resides in a state-operated
intermediate care facility for the mentally retarded on the date
of the commitment or another eligible individual designated by the
department.
(C) Division (A) of this section does not apply if the county
board, not later than ninety days after the date of the commitment
of a person receiving home and community-based services, commences
funding of home and community-based services for an individual who
resides in a state-operated intermediate care facility for the
mentally retarded on the date of the commitment or another
eligible individual designated by the department.
Sec. 5123.41. As used in this section and sections
5123.42
to 5123.47 of the Revised Code:
(A) "Adult services" has the same meaning as in section
5126.01 of the Revised Code.
(B) "Certified home and community-based services provider"
means a person or government entity certified under section
5123.16 of the Revised Code.
(C) "Certified supported living provider" means a person or
government entity certified under section 5126.431 5123.161 of the
Revised
Code.
(D)(C)
"Drug" has the same meaning as in section 4729.01 of
the
Revised Code.
(E)(D) "Family support services" has the same meaning as in
section 5126.01 of the Revised Code.
(F)(E) "Health-related activities" means the following:
(2) Application of clean dressings that do not require
health
assessment;
(3) Basic measurement of bodily intake and output;
(6) External urinary catheter care;
(7) Emptying and replacing colostomy bags;
(8) Collection of specimens by noninvasive means.
(G)(F) "Licensed health professional authorized to prescribe
drugs" has the same meaning as in section 4729.01 of the Revised
Code.
(H) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(I)(G) "MR/DD personnel" means the employees and the workers
under
contract who provide
specialized services to individuals
with
mental retardation and
developmental disabilities. "MR/DD
personnel" includes those who provide the services as follows:
(1) Through
direct employment with the department of mental
retardation and
developmental disabilities or a county board of
mental retardation
and developmental disabilities;
(2) Through an
entity under contract with the department of
mental retardation
and developmental disabilities or a county
board of mental
retardation and developmental disabilities;
(3) Through
direct employment or by being under contract
with
private
entities, including private entities that operate
residential
facilities.
(J)(H) "Nursing delegation" means the process established in
rules adopted by the board of nursing pursuant to Chapter 4723. of
the Revised Code under which a registered nurse or licensed
practical nurse acting at the direction of a registered nurse
transfers the performance of a particular nursing activity or task
to another person who is not otherwise authorized to perform
the
activity or task.
(K)(I) "Prescribed medication" means a drug that is to be
administered according to the instructions of a licensed health
professional authorized to prescribe drugs.
(L)(J) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code or subject to section 5123.192
of the Revised Code.
(M)(K) "Specialized services" has the same meaning as in
section 5123.50 of the Revised Code.
(N)(L) "Tube feeding" means the provision of nutrition to an
individual through a gastrostomy tube or a jejunostomy tube.
Sec. 5123.51. (A) In addition to any other action required
by
sections 5123.61 and 5126.31 of the Revised Code, the
department of mental retardation and developmental disabilities
shall review
each report the department receives of abuse or
neglect of an individual
with mental retardation or a
developmental disability
or misappropriation of an individual's
property that includes an
allegation that an MR/DD employee
committed or was responsible for
the abuse, neglect, or
misappropriation. The department shall review a report
it receives
from a public children services agency only after the agency
completes its investigation pursuant to section 2151.421 of the
Revised Code. On receipt of a notice under section 2930.061 or
5123.541 of the Revised Code, the department shall review the
notice.
(B) The department shall do both of the
following:
(1) Investigate the allegation
or adopt the findings of an
investigation
or review of the allegation conducted by another
person or government entity
and determine whether there is a
reasonable basis for the allegation;
(2) If the department determines that there is a reasonable
basis for the
allegation, conduct an adjudication pursuant to
Chapter 119.
of the Revised Code.
(C)(1) The department shall appoint an
independent hearing
officer to conduct any hearing conducted pursuant to
division
(B)(2) of this section, except that, if the hearing
is regarding
an employee of the department who is represented by a
union, the
department and a representative of the union shall jointly
select
the hearing officer.
(2)(a) Except as provided in division (C)(2)(b) of this
section, no hearing shall be conducted
under division (B)(2) of
this section until any criminal proceeding
or collective
bargaining arbitration concerning the same allegation has
concluded.
(b) The department may conduct a hearing pursuant to division
(B)(2) of this section before a criminal proceeding concerning the
same allegation is concluded if both of the following are the
case:
(i) The department notifies the prosecutor responsible for
the criminal proceeding that the department proposes to conduct a
hearing.
(ii) The prosecutor consents to the hearing.
(3) In conducting a hearing pursuant to division (B)(2) of
this
section, the hearing officer shall do all of the following:
(a) Determine whether there is clear and convincing evidence
that
the MR/DD employee has done any of the following:
(i) Misappropriated property of one or more individuals with
mental
retardation or a developmental disability that has a value,
either separately or taken together, of one hundred dollars or
more;
(ii) Misappropriated property of an individual with mental
retardation or a developmental disability that is designed to be
used as a check, draft, negotiable instrument, credit card, charge
card, or device for initiating an electronic fund transfer at a
point of sale terminal, automated teller machine, or cash
dispensing machine;
(iii) Knowingly abused such an individual;
(iv) Recklessly abused or neglected such an individual, with
resulting physical harm;
(v) Negligently abused or neglected such an individual, with
resulting serious physical harm;
(vi) Recklessly neglected such an individual, creating a
substantial risk of serious physical harm;
(vii) Engaged in sexual conduct or had sexual contact with an
individual with mental retardation or another developmental
disability who was not the MR/DD employee's spouse and for whom
the MR/DD employee was employed or under a contract to provide
care;
(viii) Unreasonably failed to make a report pursuant to
division (C) of section 5123.61 of the Revised Code when the
employee knew or should have known that the failure would result
in a substantial risk of harm to an individual with mental
retardation or a developmental disability.
(b) Give weight to the decision in any collective bargaining
arbitration regarding the same allegation;
(c) Give weight to any relevant facts presented at the
hearing.
(D)(1) Unless the director of mental retardation and
developmental
disabilities determines that there are extenuating
circumstances and except as
provided in division (E) of this
section, if the director, after considering all of the factors
listed in division (C)(3) of this section, finds that there is
clear and convincing evidence
that an MR/DD
employee has done one
or more of the things described in division
(C)(3)(a) of this
section the director shall include the name of the employee in the
registry established under section 5123.52 of the Revised Code.
(2) Extenuating circumstances the director must consider
include the use
of physical force by an MR/DD employee that was
necessary as
self-defense.
(3) If the director includes an MR/DD employee in
the
registry established under section 5123.52 of the Revised Code,
the
director shall notify
the employee, the person or government
entity that employs or contracts with
the employee,
the individual
with mental retardation or a developmental disability who was
the
subject of
the report and that individual's legal guardian, if
any, the attorney general,
and the prosecuting attorney or other
law enforcement agency. If the MR/DD employee holds a
license,
certificate, registration, or other authorization to engage in a
profession
issued pursuant to Title XLVII of the Revised
Code,
the
director shall notify the appropriate agency, board, department,
or
other entity
responsible for regulating the employee's
professional practice.
(4) If an individual whose name appears on the registry is
involved in a court proceeding or arbitration arising from the
same facts as the allegation resulting in the individual's
placement on the registry, the disposition of the proceeding or
arbitration shall be noted in the registry next to the
individual's name.
(E) In the case of an allegation
concerning an employee of
the department, after the hearing conducted
pursuant to division
(B)(2) of this section, the director
of health or that director's
designee shall review the decision of the
hearing officer to
determine whether the standard described
in division (C)(3) of
this section has been met. If the director
or designee determines
that the standard has been met and that no extenuating
circumstances exist, the director
or designee shall notify the
director of mental retardation and
developmental disabilities that
the MR/DD employee is to be
included in the registry established
under section 5123.52 of the
Revised Code. If the director of
mental
retardation and developmental disabilities receives such
notification,
the director shall include the MR/DD employee in the
registry and
shall provide the notification described in division
(D)(3) of
this section.
(F) If the department is required by Chapter 119. of the
Revised Code to give notice of an opportunity for a hearing and
the MR/DD employee subject to the notice does not timely request a
hearing in accordance with section 119.07 or 5123.0414 of the
Revised Code, the department is not required to hold a hearing.
(G) Files and records of investigations conducted pursuant to
this
section are not public records as defined in section 149.43
of the
Revised Code, but, on request, the department shall provide
copies of those files and records to the attorney general, a
prosecuting
attorney, or a law enforcement agency.
Sec. 5123.60. (A) A legal rights service is hereby
created
and established to protect and advocate the rights of
mentally ill
persons, mentally retarded persons, developmentally
disabled
persons, and other disabled persons who may be represented by the
service pursuant to division (L) of this section; to receive and
act upon
complaints concerning
institutional and hospital
practices and conditions of
institutions for mentally retarded or
developmentally disabled
persons and hospitals for the mentally
ill; and to assure that
all persons detained, hospitalized,
discharged, or
institutionalized, and all persons whose detention,
hospitalization, discharge, or institutionalization is sought or
has been sought under this chapter or Chapter 5122. of the
Revised
Code are fully informed of their rights and adequately
represented
by counsel in proceedings under this chapter or
Chapter 5122. of
the Revised Code and in any proceedings to
secure the rights of
those persons. Notwithstanding the
definitions of
"mentally
retarded person" and
"developmentally disabled person" in section
5123.01 of the
Revised Code, the
legal rights service shall
determine who is a mentally retarded
or developmentally disabled
person for purposes of this section
and sections 5123.601 to
5123.604 of the Revised Code.
(B)(1) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only
of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service. If
(2) If a person referred
to in division (A) of this section
voluntarily requests in
writing
that the legal rights service
terminate participation in
the
person's case, such involvement
shall cease.
(3) Persons described in divisions (A) and (B)(1) of this
section who are represented by the legal rights service are
clients of the legal rights service.
(C) Any person voluntarily hospitalized or
institutionalized
in a public hospital under division (A) of
section 5122.02 of the
Revised Code, after being fully informed
of the person's rights
under division (A) of this
section, may, by
written
request, waive
assistance by the legal rights service if
the
waiver is knowingly
and intelligently made, without duress or
coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or
resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, advising the administrator
in establishing and annually reviewing a strategic plan, creating
a procedure for filing and determination of grievances against the
legal rights service, and establishing general
policy guidelines,
including guidelines for the commencement of litigation, for the
legal rights service. The commission may adopt rules to carry
these purposes into effect and
may receive and act upon appeals of
personnel decisions by the
administrator.
(2) The commission shall consist of seven members. One
member,
who shall serve as chairperson, shall be appointed by
the
chief
justice of the supreme court, three members shall be
appointed by
the speaker of the house of representatives, and
three members
shall be appointed by the president of the senate.
At least two
members shall have experience in the field of
developmental
disabilities, and at least two members shall have
experience in
the field of mental health. No member shall be a
provider or
related to a provider of services to mentally
retarded,
developmentally disabled, or mentally ill persons.
(3) Terms of office
of the members of the commission shall
be
for three years, each term ending on the
same day of the month
of
the year as did the term which it
succeeds. Each member shall
serve subsequent to the expiration
of the member's term until a
successor is
appointed and qualifies, or
until sixty days has
elapsed, whichever occurs first.
No member shall serve more
than
two consecutive terms.
All
vacancies
in the membership of the commission shall be
filled in the manner prescribed for
regular appointments to
the
commission and shall be limited to
the unexpired terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall serve
at the pleasure of the commission.
The administrator shall be a person who has had special
training and experience in the type of work with which the legal
rights service is charged. If the administrator is not an
attorney, the administrator shall seek legal counsel when
appropriate an attorney admitted to practice law in this state.
The
salary of the administrator shall be established
in accordance
with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely
independent
of the department of mental health and the department
of mental
retardation and developmental disabilities and,
notwithstanding
section 109.02 of the Revised Code, shall also be
independent of
the office of the attorney general. The
administrator of the
legal
rights service, staff, and attorneys
designated by the
administrator to represent persons
detained,
hospitalized, or
institutionalized under this chapter or Chapter 5122. of the
Revised Code shall have ready access
to the following:
(1) During normal business hours and at other reasonable
times,
all records, except records of community residential
facilities and records of contract agencies of county boards of
mental retardation and developmental disabilities and boards of
alcohol, drug addiction and mental health services, relating to
expenditures of state and
federal
funds or to the commitment,
care, treatment, and
habilitation of
all persons represented by
the legal rights
service, including
those who may be represented
pursuant to
division (L) of
this
section, or persons detained,
hospitalized,
institutionalized, or
receiving services under this
chapter or
Chapter 340., 5119.,
5122., or 5126. of the Revised
Code that are
records maintained by
the
following entities
providing services
for those persons:
departments;
institutions;
hospitals;
community residential
facilities; boards of alcohol,
drug
addiction, and mental health
services; county boards of
mental
retardation and developmental
disabilities; contract
agencies of
those boards;
and any other
entity providing services
to persons
who may be represented by
the
service pursuant to
division (L) of
this section;
(2)
Any records maintained in computerized data banks
of the
departments or boards or, in the case of persons who may be
represented
by the service pursuant to division (L) of this
section, any other entity that
provides services to those persons;
(3) During their normal working hours,
personnel of the
departments, facilities, boards, agencies,
institutions,
hospitals,
and other service-providing entities;
(4) At any time,
all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or
Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may
be represented by the service pursuant to division
(L) of this section.
(5) Records of a community residential facility, a contract
agency of a board of alcohol, drug addiction, and mental health
services, or a contract agency of a county board of mental
retardation and developmental disabilities with one of the
following consents:
(a) The consent of the person, including when the person is a
minor or has been adjudicated incompetent;
(b) The consent of the person's guardian of the person, if
any, or the parent if the person is a minor;
(c) No consent, if the person is unable to consent for any
reason, and the guardian of the person, if any, or the parent of
the minor, has refused to consent or has not responded to a
request for consent and either of the following has occurred:
(i) A complaint regarding the person has been received by the
legal rights service;
(ii) The legal rights service has determined that there is
probable cause to believe that such person has been subjected to
abuse or neglect.
(F) The administrator of the legal rights service shall
do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules that are not in conflict with
rules adopted by the commission and prescribe duties for
the
efficient conduct of the business and general administration
of
the legal rights service;
(3) Appoint and discharge employees, and hire
experts,
consultants, advisors, or other professionally qualified
persons
as the administrator considers necessary to carry out
the duties
of the
legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly
for
the operation of the legal rights service. At least thirty days
prior to submitting the budget to the general assembly, the
administrator shall provide a copy of the budget to the commission
for review and comment. When submitting the budget to the general
assembly, the administrator shall include a copy of any written
comments returned by the commission to the administrator.
(6) Enter into contracts and make
expenditures
necessary
for
the efficient operation of the legal rights
service;
(7) Annually prepare a report of activities and submit
copies
of the report to the governor, the chief justice of the
supreme
court, the president of the senate, the speaker of the
house of
representatives, the director of mental health, and the
director
of mental retardation and developmental disabilities,
and
make the
report available to the public;
(8) Upon request of the commission or of the chairperson of
the commission, report to the commission on specific litigation
issues or activities.
(G)(1) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section.
(2) Whenever possible, the
administrator shall attempt to
facilitate the resolution of
complaints through administrative
channels.
Subject to division (G)(3) of this section, if attempts
at
administrative resolution
prove
unsatisfactory, the
administrator
may pursue any legal,
administrative,
and other
appropriate
remedies or
approaches that
may be necessary to
accomplish the
purposes of this section.
(3) The administrator may not pursue a class action lawsuit
under division (G)(2) of this section when attempts at
administrative resolution of a complaint prove unsatisfactory
under that division unless both of the following have first
occurred:
(a) At least four members of the commission, by their
affirmative vote, have consented to the pursuit of the class
action lawsuit;
(b) At least five members of the commission are present at
the meeting of the commission at which that consent is obtained.
(4) All records received or maintained by the legal rights
service in connection with any investigation, representation, or
other activity under this section shall be confidential and shall
not be disclosed except as authorized by the person represented by
the legal rights service or, subject to any privilege, a guardian
of the person or parent of the minor. Subject to division (G)(5)
of this section, relationships between personnel and the agents of
the
legal
rights
service and its clients shall be fiduciary
relationships,
and all
communications shall be confidential,
privileged as if
between
attorney and
client.
(5) Any person who has been represented by the legal rights
service or who has applied for and been denied representation and
who files a grievance with the service concerning the
representation or application may appeal the decision of the
service on the grievance to the commission. The person may appeal
notwithstanding any objections of the person's legal guardian. The
commission may examine any records relevant to the appeal and
shall maintain the confidentiality of any records that are
required to be kept confidential.
(H)
The legal
rights service, on the order of the
administrator, with the
approval
by an affirmative vote of at
least four members of the commission, may compel by
subpoena the
appearance
and sworn testimony of any person the
administrator
reasonably
believes may be able to provide
information or to
produce any
documents, books, records, papers,
or other
information necessary
to carry out its duties. On the refusal of
any person to produce or authenticate any requested documents, the
legal rights service may apply to the Franklin county court of
common pleas to compel the production or authentication of
requested documents. If the court finds that failure to produce or
authenticate any requested documents was improper, the court may
hold the person in contempt as in the case of disobedience of the
requirements of a subpoena issued from the court, or a refusal to
testify in the court.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or
data
that will enable it to perform its duties.
(K) In any malpractice action filed against the
administrator
of the legal rights service, a member of the staff
of the legal
rights service, or an attorney designated by the
administrator to
perform legal services under division (E) of
this
section, the
state shall, when the administrator, member, or
attorney has acted
in good faith and in the scope of
employment,
indemnify the
administrator, member, or attorney for
any judgment
awarded or
amount negotiated in settlement, and for
any court
costs or legal
fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited
to,
any defense available under section 9.86 of the Revised Code.
(L) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section, the
legal
rights service and its ombudsperson section may
provide
advocacy
or ombudsperson services to those other
individuals and
exercise
any other authority granted by this section or sections
5123.601
to 5123.604 of the Revised Code on behalf of those
individuals.
Determinations of whether an individual is eligible
for services
under this division shall be made by the legal
rights service.
Sec. 5123.602. The ombudsman (A) Except as provided in
division (B) of this section, the ombudsperson section of the
legal
rights service may, in
order
to carry out its duties under
this chapter, make necessary inquiries and
obtain
information it
considers necessary. For those purposes Upon receiving a complaint
and in the course of conducting an investigation in accordance
with division (B) of section 5123.601 of the Revised Code, the
section shall have
ready access to the premises and records of all
providers of services to
mentally retarded, developmentally
disabled, or mentally ill persons and shall
have the right to
communicate in a private and confidential setting with any
mentally retarded, developmentally disabled, or mentally ill
persons, with
their parents, guardians, or advocates, and with
employees of any provider.
(B) Records held by community residential facilities,
contract agencies of boards of alcohol, drug addiction, and mental
health services, and contract agencies of county boards of mental
retardation and developmental disabilities shall only be
accessible by the ombudsperson section of the legal rights service
in a situation as described in division (E)(5) of section 5123.60
of the Revised Code.
Sec. 5123.605. There is hereby created in the state treasury
the program income fund. Revenue generated from settlements,
gifts, donations, and other sources of legal rights service
program income shall be credited to the fund. The program income
fund shall be used to support legal rights service programs for
purposes from which the income was derived and for the general
support of legal rights service programs.
Sec. 5123.99. (A) Whoever violates section 5123.16 or
5123.20 of the Revised Code is
guilty of a misdemeanor of the
first degree.
(B) Whoever violates division (C), (E), or (G)(3) of section
5123.61 of the
Revised Code is guilty of a misdemeanor of the
fourth degree or, if the abuse or neglect constitutes a felony, a
misdemeanor of the second degree. In addition to any other
sanction or penalty authorized or required by law, if a person who
is convicted of or pleads guilty to a violation of division (C),
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD
employee, as defined in section 5123.50 of the Revised Code, the
offender shall be eligible to be included in the registry
regarding misappropriation, abuse, neglect, or other specified
misconduct by MR/DD employees established under section 5123.52 of
the Revised Code.
(C) Whoever violates division (A) of section 5123.604 of the
Revised Code is
guilty of a misdemeanor of the second degree.
(D) Whoever violates division (B) of section 5123.604 of the
Revised Code
shall be fined not more than one thousand dollars.
Each violation constitutes
a separate offense.
Sec. 5126.038. (A)(1) As used in this section, "professional
services" means all of the following services provided on behalf
of a county board of mental retardation and developmental
disabilities, members or employees of a county board, or both:
(a)(1) Lobbying and other governmental affairs services;
(b)(2) Legal services other than the legal services provided
by a county prosecutor or provided for the purpose of collective
bargaining;
(c)(3) Public relation services;
(d)(4) Consulting services;
(e)(5) Personnel training services, not including tuition or
professional growth reimbursement programs for county board
members or employees.
(2) "Professional services" does not mean services provided
pursuant to a service contract as defined in section 5126.035 of
the Revised Code.
(B) Each county board of mental retardation and developmental
disabilities shall submit to the board of county commissioners of
each county that is served by the county board, in accordance with
the normal budget process and as part of its budget request, a
list identifying the total expenditures projected for any of the
following:
(1) Any membership dues of the members or employees of the
county board, in any organization, association, or other entity;
(2) Any professional services of the county board, its
members or employees, or both;
(3) Any training of the members or employees of the county
board.
Sec. 5126.04. (A) Each county board
of mental retardation
and developmental disabilities shall plan and set
priorities based
on available resources for the provision of facilities,
programs,
and other services to meet the needs of county residents who are
individuals with mental retardation and other developmental
disabilities,
former residents of the county residing in state
institutions or placed under
purchase of service agreements under
section 5123.18 of the Revised Code, and
children subject to a
determination made pursuant to section 121.38 of the
Revised Code.
Each county board shall assess the facility and service needs
of the
individuals with mental retardation and other developmental
disabilities who
are residents of the county or former residents
of the county residing in
state institutions or placed under
purchase of service agreements under
section 5123.18 of the
Revised Code.
Each county board shall require individual habilitation or
service plans
for individuals with mental retardation and other
developmental disabilities
who are being served or who have been
determined eligible for services and are
awaiting the provision of
services. Each board shall ensure that methods of
having their
service needs evaluated are available.
(B) The department of mental retardation and developmental
disabilities may
adopt rules in accordance with Chapter 119. of
the Revised Code as necessary
to implement this section. To the
extent that rules adopted under this
section apply to the
identification and placement of handicapped children
with
disabilities under Chapter 3323. of the Revised Code, the rules
shall be consistent with
the standards and procedures established
under sections 3323.03 to 3323.05 of
the Revised Code.
(C) The responsibility or authority of a
county board to
provide services under this chapter does not affect the
responsibility of any other entity of state or local government to
provide
services to individuals with mental retardation and
developmental
disabilities.
(D) On or before the first day of
February prior to a school
year, a county board of mental retardation and developmental
disabilities may elect not to participate during that school
year
in the provision of or contracting for educational services
for
children ages six through twenty-one years of age, provided
that
on or before that date the board gives notice of this
election to
the superintendent of public instruction, each
school district in
the county, and the educational service
center serving the county.
If a board makes this election, it
shall not have any
responsibility for or authority to provide
educational services
that school year for children ages six
through twenty-one years of
age. If a board does not make an
election for a school year in
accordance with this division, the
board shall be deemed to have
elected to participate during that
school year in the provision of
or contracting for educational
services for children ages six
through twenty-one years of
age.
(E) If a county board of
mental retardation and developmental
disabilities elects to
provide educational services during a
school year to individuals
six through twenty-one years of age who
are multiply
handicapped have multiple disabilities, the board may
provide these services to individuals
who are appropriately
identified and determined eligible
pursuant to Chapter 3323. of
the Revised
Code, and in accordance with
applicable rules of the
state board of education. The county
board may also provide
related services to individuals six
through twenty-one years of
age who have one or more disabling
conditions, in accordance with
section 3317.20 and
Chapter 3323. of the
Revised
Code and
applicable rules of
the state board of education.
Sec. 5126.041. (A) As used in this section:
(1) "Biological risk" and "environmental risk" have the
meanings established
pursuant to section 5123.011 of the Revised
Code.
(2) "Handicapped preschool Preschool child with a disability"
has the same meaning as in
section 3323.01
of the Revised Code.
(3) "State institution" means all or part of an
institution
under the control of the department of mental
retardation and
developmental disabilities pursuant to section
5123.03 of the
Revised Code and maintained for the care,
treatment, and training
of the mentally retarded.
(B) Except as provided in division (C) of this section,
each
county board of mental retardation and developmental
disabilities
shall make eligibility determinations in accordance
with the
definition of "developmental disability" in section
5126.01 of the
Revised Code. Pursuant to rules the department of
mental
retardation and developmental disabilities shall adopt in
accordance with Chapter 119. of the Revised Code, a county board
may establish eligibility for programs and services for either of
the following:
(1) Individuals under age six who have a biological risk
or
environmental risk of a developmental delay;
(2) Any handicapped preschool child with a disability
eligible for services
under section 3323.02 of the Revised Code
whose handicap disability is not
attributable solely to mental
illness as defined in section
5122.01 of the Revised Code.
(C)(1) A county board shall make determinations of
eligibility for
service and support
administration in accordance
with
rules adopted under
section
5126.08 of the Revised Code.
(2) All persons who were eligible for services and
enrolled
in programs offered by a county board of mental
retardation and
developmental disabilities pursuant to this
chapter on July 1,
1991, shall continue to be eligible for those
services and to be
enrolled in those programs as long as they are
in need of
services.
(3) A person who resided in a state institution on or
before
October 29, 1993, is eligible for programs and services offered by
a
county board of mental
retardation and developmental
disabilities, unless the person is
determined by the county board
not to be in need of those
programs and services.
(D) A county board shall refer a person who requests but
is
not eligible for programs and services offered by the board to
other entities of state and local government or appropriate
private entities that provide services.
(E) Membership of a person on, or employment of a person by,
a
county board of mental retardation and developmental
disabilities
does not affect the
eligibility of any member of that
person's family for
services provided by the board or by any
entity under contract with the board.
Sec. 5126.042. (A) As used in this section, "emergency"
means any situation that creates for an
individual with mental
retardation or developmental disabilities a
risk of
substantial
self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include one or more of the
following
situations:
(1) Loss of present residence for any reason, including
legal
action;
(2) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual;
(3) Abuse, neglect, or exploitation of the individual;
(4) Health and safety conditions that pose a serious risk to
the
individual or others of immediate harm or death;
(5) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker.
(B) If a county board of mental
retardation and
developmental
disabilities determines that
available resources are
not
sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board
may establish priorities for making placements on its
waiting
lists according to an individual's emergency
status
and
shall
establish priorities in accordance with divisions
(D) and (E) of
this
section.
The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
basis and
individuals who
have requested services for which
resources are
not available.
Except for an individual who is to receive priority for
services pursuant to division (D)(3) of this section, an
individual who currently receives a service but would like
to
change
to another service shall not be placed on a waiting list
but shall be placed
on a service substitution list. The
board
shall work with the individual,
service providers, and all
appropriate entities to facilitate the change in
service as
expeditiously as possible. The board may establish priorities for
making placements on its service substitution lists
according to
an
individual's emergency
status.
In addition to maintaining waiting lists and service
substitution lists,
a board shall maintain a long-term
service
planning registry for individuals
who wish to record their
intention
to request in the future a service they are not
currently receiving. The
purpose of the registry is to enable
the
board to document requests and to plan appropriately. The board
may not
place an individual on the registry who meets the
conditions for receipt of
services on an emergency
basis.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4)
Service and support
administration;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11
of
the Revised
Code.
(D)
Except as provided in division
(G) of this section, a
county board shall do, as priorities, all of the following in
accordance with the
assessment component, approved under section
5123.046 of the Revised Code, of the
county
board's plan
developed
under section
5126.054 of the Revised
Code:
(1) For the purpose of obtaining additional federal
medicaid
funds for home and community-based services and medicaid
case
management services, do
both of
the following:
(a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services:
(i) Is twenty-two years of age or older;
(ii) Receives supported living or family support services.
(b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services:
(i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services;
(ii) Receives adult services from the county board.
(2) As federal medicaid funds become available pursuant to
division (D)(1) of this section,
give an
individual who is
eligible for home and community-based services
and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older;
(b) Is less than twenty-two years of age and has at least
one
of the following
service needs that are
unusual in scope or
intensity:
(i) Severe behavior problems for
which a behavior support
plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which
a
combination of specialized medical, psychological, educational,
or
habilitation services are needed;
(v) A condition the county board determines to be
comparable
in severity to any condition described in division divisions
(D)(2)(b)(i)
to
(iv) of this section and places the individual at
significant
risk
of institutionalization.
(c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined
by
the
county board to have intensive needs for
home and
community-based
services
on an in-home or out-of-home basis.
(3) In fiscal years 2002 and 2003, give an individual who
is
eligible for home and community-based services, resides in an
intermediate care facility for the
mentally retarded or nursing
facility, chooses to move to
another
setting with the help of
home
and community-based services, and has been determined by the
department of mental retardation and developmental
disabilities to
be capable of residing in
the other setting, priority over any
other individual on a waiting list established under division (C)
of this section for home and community-based services who does not
meet these criteria. The department of mental retardation and
developmental disabilities shall identify the individuals to
receive priority under division (D)(3) of this section, assess the
needs of the individuals, and notify the county boards that are to
provide the individuals priority under division (D)(3) of this
section of the individuals identified by the department and the
individuals' assessed needs.
(E) Except as provided in division (G) of this section and
for a number of years and beginning on a date specified in rules
adopted under division (K) of this section, a county board shall
give an individual who is eligible for home and community-based
services, resides in a nursing facility, and chooses to move to
another setting with the help of home and community-based
services, priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services who does not meet these criteria.
(F)
If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) or (E) of this section, a county board may use,
until
December 31, 2007 2009, criteria specified in rules adopted
under
division (K)(2) of this section in determining the order in
which
the individuals with priority will be offered the services.
Otherwise, the county board shall offer the home and
community-based services to such individuals in the order they are
placed on the waiting list.
(G)(1) No individual may receive priority for services
pursuant to division (D) or (E) of this section over an individual
placed
on a waiting list established under division (C) of this
section
on an emergency status.
(2) No more than
four hundred individuals in the state
may
receive priority for services during
the
2006 2008 and
2007
2009
biennium
pursuant to division (D)(2)(b) of this
section.
(3) No more than a total of
seventy-five individuals in the
state may
receive priority for
services during state fiscal years
2002 and
2003 pursuant to
division (D)(3) of this section.
(4) No more than forty individuals in the state may receive
priority for services pursuant to division (E) of this section for
each year that priority category is in effect as specified in
rules adopted under division (K) of this section.
(H) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules
adopted
under division (K) of this
section.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed.
(I) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
community-based services provided through a
medicaid component
that the department of
mental retardation and developmental
disabilities administers
under
section 5111.871 of the
Revised
Code shall
receive services through
that
medicaid component. For
all other services, a child subject
to a
determination
made
pursuant to section 121.38 of the Revised Code
shall
be
treated as
an emergency by the county boards and shall
not be
subject to a
waiting list.
(J) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(K)(1) The department of mental retardation and
developmental
disabilities shall adopt rules in accordance with
Chapter 119. of
the Revised Code governing waiting lists
established under this
section. The rules shall include procedures
to be followed to
ensure that the due process rights of
individuals placed on
waiting lists are not violated.
(2) As part of the rules adopted under this division, the
department shall adopt rules
establishing criteria a county board
may use under division (F) of
this section in determining the
order in which individuals with
priority for home and
community-based services will be offered
the
services. The rules
shall also specify conditions under which
a
county board, when
there is no individual with priority for home
and community-based
services pursuant to division (D)(1) or (2) or (E) of
this section
available and appropriate for the services,
may offer
the services
to an individual on a waiting list for the
services
but not given
such priority for the services. The rules
adopted
under division
(K)(2) of this section shall cease to have
effect
December 31,
2007 2009.
(3) As part of the rules adopted under this division, the
department shall adopt rules specifying both of the following for
the priority category established under division (E) of this
section:
(a) The number of years, which shall not exceed five, that
the priority category will be in effect;
(b) The date that the priority category is to go into effect.
(L) The following shall take precedence over the
applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.046. (A) Each county board of mental retardation
and developmental disabilities that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for habilitation, vocational, or community
employment
services provided as part of home and community-based
services
shall create a list of all persons and government
entities
eligible to provide such habilitation, vocational, or
community
employment services. If the county board chooses and is
eligible
to provide such habilitation, vocational, or community
employment
services, the county board shall include itself on the
list. The
county board shall make the list available to each
individual with
mental retardation or other developmental
disability who resides
in the county and is eligible for such
habilitation, vocational,
or community employment services. The
county board shall also
make the list available to such
individuals' families.
An individual with mental retardation or other
developmental
disability who is eligible for habilitation,
vocational, or
community employment services may choose the
provider of the
services.
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
habilitation, vocational, and community employment
services
provided as part of home and community-based services
shall pay the nonfederal share of the
habilitation,
vocational,
and community employment services when
required by
section
5126.057 of the Revised Code. The
department
of mental
retardation
and developmental disabilities
shall pay the
nonfederal share of
such habilitation, vocational,
and community
employment services
when required by section
5123.047 of the
Revised Code.
(B) Each month, the department of mental retardation and
developmental disabilities shall create a list of all persons and
government entities eligible to provide residential services and
supported living. The department shall include on the list all
residential facilities licensed under section 5123.19 of the
Revised Code and all supported living providers certified under
section 5126.431 5123.161 of the Revised Code. The department
shall
distribute the monthly lists to county boards that have
local
administrative authority under division (A) of section
5126.055 of
the Revised Code for residential services and
supported living
provided as part of home and community-based
services. A county
board that receives a list shall make it
available to each
individual with mental retardation or other
developmental
disability who resides in the county and is eligible
for such
residential services or supported living. The county
board shall
also make the list available to the families of those
individuals.
An individual who is eligible for residential services or
supported living may choose the provider of the residential
services or supported living.
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
residential services and supported living provided as
part of home
and community-based services shall
pay the
nonfederal
share of the residential services and supported
living
when
required by section
5126.057 of the Revised
Code. The
department
shall pay the nonfederal share of the
residential
services and
supported living when required by section
5123.047 of
the Revised
Code.
(C) If a county board that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for home and community-based services violates
the right
established by this section of an individual to choose a
provider
that is qualified and willing to provide services to the
individual, the individual shall receive timely notice that the
individual may request a hearing under section 5101.35 of the
Revised Code.
(D) The departments of mental retardation and developmental
disabilities and job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the
implementation of this section. The rules shall include
procedures
for individuals to choose their service providers. The
rules shall
not be limited by a provider selection system
established under
section 5126.42 of the Revised Code, including
any pool of
providers created pursuant to a provider selection
system.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services
as provided by this chapter and Chapter 3323. of the
Revised Code
and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide
service and support administration in
accordance
with section
5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply
to the identification and placement of handicapped children
with
disabilities under Chapter 3323. of the Revised Code, they shall
be consistent
with the standards and procedures established under
sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such
boards and with public or private, nonprofit, or
profit-making
agencies or organizations of the same or another
county, to
provide the facilities, programs, and services
authorized or
required, upon such terms as may be agreeable, and
in accordance
with this chapter and Chapter 3323. of the Revised
Code and rules
adopted thereunder and in accordance with sections
307.86 and
5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes
the following
four three
components:
(1) An assessment component that includes all of the
following:
(a) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded, may seek home and community-based services,
are
given priority for the services pursuant to division (D) of
section 5126.042 of the Revised Code; the service needs of those
individuals; and the projected
annualized cost for services;
(b) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by division (A) of section
5126.057 sections
5126.059 and 5126.0510 of
the
Revised Code to pay;
(c) Any other applicable information or conditions that the
department of mental retardation and developmental disabilities
requires as a condition of approving the
component under
section
5123.046 of the Revised Code.
(2) A component that provides for the recruitment,
training,
and retention of existing and new direct care staff
necessary to
implement services included in individualized service
plans,
including behavior management services and health
management
services such as delegated nursing and other
habilitation
services, and protect the health and welfare
of
individuals
receiving services included in the individual's
individualized
service plan by complying with safeguards for
unusual and major
unusual incidents, day-to-day program
management, and other
requirements the department shall identify.
A county board shall
develop this component in collaboration with
providers of
medicaid-funded services with which the county board
contracts. A
county board shall include all of the following in
the component:
(a) The source and amount of funds available for the
component;
(b) A plan and timeline for implementing the component with
the medicaid providers under contract with the county board;
(c) The mechanisms the county board shall use to ensure the
financial and program accountability of the medicaid provider's
implementation of the component.
(3)
A preliminary implementation component that specifies the
number of individuals to be provided, during the first year that
the plan
is in effect, home and community-based services pursuant
to the
priority given to them under divisions (D)(1) and (2) of
section
5126.042 of the Revised Code and the types of home and
community-based services the individuals are to receive;
(4)(3) A component that provides for the implementation of
medicaid case management services
and home and community-based
services for individuals who begin to
receive the services on or
after the date the plan is approved
under section 5123.046 of the
Revised Code. A county board shall
include all of the following in
the component:
(a) If the department of mental retardation and
developmental
disabilities or department of job and family
services requires, an
agreement to pay the nonfederal share of
medicaid expenditures
that the county board is required by
division (A) of section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code to
pay;
(b) How the services are to be phased in over the period
the
plan covers, including how the county board will serve
individuals
on a waiting list established under division (C) of
section
5126.042 who are given priority status under division
(D)(1)
of
that section;
(c) Any agreement or commitment regarding the county
board's
funding of home and community-based services that the
county board
has with the department at the time the county board
develops the
component;
(d) Assurances adequate to the department that the county
board will comply with all of the following requirements:
(i)
To provide the types of home and community-based services
specified in the preliminary implementation component required by
division (A)(3)(2) of this section to at least the number of
individuals specified in that component;
(ii) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county;
(iii) To employ a business manager who is either a new
employee who has earned at least a bachelor's degree in business
administration or a current employee who has the equivalent
experience of a bachelor's degree in business administration. If
the county board will employ a new employee, the county board
shall include in the component a timeline for employing the
employee.
(iv) To employ or contract with a medicaid services
manager
who is either a
new employee who has earned at least a
bachelor's
degree or a
current employee who has the equivalent
experience of
a bachelor's
degree. If the county board will
employ a new
employee, the
county board shall include in the
component a
timeline for
employing the employee. Two or three
county boards
that have a combined total enrollment in county
board services not
exceeding one thousand individuals as
determined pursuant to
certifications made under division (B) of
section 5126.12 of the
Revised Code may satisfy this requirement
by sharing the services
of a medicaid services manager or using
the services of a medicaid
services manager employed by or under
contract with a regional
council that the county boards establish
under section 5126.13 of
the Revised Code.
(e) An agreement to comply with the method, developed by
rules adopted under
section 5123.0413 of the Revised Code, of
paying for extraordinary costs, including extraordinary costs for
services to individuals with mental retardation or other
developmental disability, and ensuring the availability of
adequate funds in the event a county property tax levy for
services for individuals with mental retardation or other
developmental disability fails;
(f) Programmatic and financial accountability measures and
projected outcomes expected from the
implementation of the plan;
(g)(f) Any other applicable information or conditions that
the
department requires as a condition of approving the
component
under
section 5123.046 of the Revised Code.
(B) For the purpose of obtaining the department's approval
under section 5123.046 of the Revised Code of the plan the county
board develops under division (A) of this section, a county board
shall do
all of the following:
(1) Submit the components required by divisions (A)(1) and
(2) of this section to the department not later than August 1,
2001;
(2)
Submit the component required by division (A)(3) of this
section to the department not later than January 31, 2002;
(3) Submit the component required by division (A)(4) of
this
section to the department not later than
July 1,
2002.
(C) A county board whose plan developed under division (A)
of
this section is approved by the department under section
5123.046
of the Revised Code shall update and renew the plan in
accordance
with a schedule the department shall develop.
Sec. 5126.055.
(A) Except as provided in
section
5126.056
of the Revised Code, a county board of
mental retardation
and
developmental disabilities
has medicaid local
administrative
authority to, and shall,
do all of the following
for an individual
with mental retardation
or other developmental
disability who
resides in the county that
the county board serves
and seeks or
receives home and
community-based services:
(1) Perform assessments and evaluations of the individual.
As
part of the
assessment and evaluation process, the county board
shall do all
of the following:
(a) Make a recommendation to the department of mental
retardation and developmental disabilities on whether the
department should approve or deny the individual's application for
the services, including on the basis of whether the individual
needs the level of care an intermediate care facility for the
mentally retarded provides;
(b) If the individual's application is denied because of the
county board's recommendation and the individual requests a
hearing under section 5101.35 of the Revised Code, present, with
the department of mental retardation and developmental
disabilities or department of job and family services, whichever
denies the application, the reasons for the recommendation and
denial at the hearing;
(c) If the individual's application is approved, recommend
to
the departments of mental retardation and developmental
disabilities and job and family services the services that should
be included in the individual's individualized service plan and,
if either department approves, reduces, denies, or terminates a
service
included in the individual's individualized service plan
under
section 5111.871 of the Revised Code because of the county
board's
recommendation, present, with the department that made the
approval, reduction, denial, or termination, the reasons for the
recommendation and approval, reduction, denial, or termination at
a hearing
under section 5101.35 of the Revised Code.
(2) If the individual has been identified by the department
of mental retardation and developmental disabilities as an
individual to receive priority for home and community-based
services pursuant to division (D)(3) of section 5126.042 of the
Revised Code, assist the department in expediting the transfer of
the individual from an intermediate care facility for the mentally
retarded or nursing facility to the home and community-based
services;
(3)
In accordance with the rules adopted under section
5126.046 of the Revised Code, perform the county board's duties
under that section regarding assisting the individual's right to
choose a qualified and willing provider of the services and, at a
hearing under section 5101.35 of the Revised Code, present
evidence of the process for appropriate assistance in choosing
providers;
(4) Unless the county board provides the services under
division (A)(5) of this section, contract with the person or
government entity the individual chooses in accordance with
section 5126.046 of the Revised Code to provide the services if
the person or government entity is qualified and agrees to provide
the services. The contract shall contain all the provisions
required by section
5126.035 of the Revised Code and
require the
provider to agree to
furnish, in accordance with the
provider's
medicaid provider
agreement and for the authorized
reimbursement
rate, the services
the individual requires.
(5) If the county board is certified under section
5123.16
5123.161 of the Revised Code to provide the services and agrees to
provide
the services to the individual and the individual chooses
the
county board to provide the services, furnish, in accordance
with
the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires;
(6)(5) Monitor the services provided to the individual and
ensure the individual's health, safety, and welfare. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services.
(7)(6) Develop, with the individual and the provider of the
individual's services, an effective individualized service plan
that includes coordination of services, recommend that the
departments of mental retardation and developmental disabilities
and job and family services approve the plan, and implement the
plan unless either department disapproves it;
(8)(7) Have an investigative agent conduct investigations
under
section 5126.313 of the Revised Code that concern the
individual;
(9)(8) Have a service and support administrator perform the
duties under division (B)(9) of section 5126.15 of the Revised
Code that concern the individual.
(B) A county board shall perform its medicaid local
administrative
authority under this section in accordance with all
of the
following:
(1) The county board's plan that the department of mental
retardation and developmental disabilities approves under section
5123.046 of the Revised Code;
(2) All applicable federal and state laws;
(3) All applicable policies of the departments of mental
retardation and developmental disabilities and job and family
services and the United States department of health and human
services;
(4) The department of job and family services' supervision
under its authority under section 5111.01 of the Revised Code to
act as the single state medicaid agency;
(5) The department of mental retardation and developmental
disabilities' oversight.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall communicate with
and provide training to county boards regarding medicaid local
administrative authority granted by this section. The
communication and training shall include issues regarding audit
protocols and other standards established by the United States
department of health and human services that the departments
determine appropriate for communication and training. County
boards shall participate in the training. The departments shall
assess the county board's compliance against uniform standards
that the departments shall establish.
(D) A county board may not delegate its medicaid local
administrative authority granted under this section but may
contract with a person or government entity, including a council
of governments, for assistance with its medicaid local
administrative
authority. A county board that enters into such a
contract shall
notify the director of mental retardation and
developmental
disabilities. The notice shall include the tasks
and
responsibilities that the contract gives to the person or
government entity. The person or government entity shall comply
in
full with all requirements to which the county board is subject
regarding the person or government entity's tasks and
responsibilities under the contract. The county
board remains
ultimately responsible for the tasks and responsibilities.
(E) A county board that has medicaid local administrative
authority
under this section shall, through the departments of
mental
retardation and developmental disabilities and job and
family
services, reply to, and cooperate in arranging compliance
with, a
program or fiscal audit or program violation exception
that a
state or federal audit or review discovers. The department
of job
and family services shall timely notify the department of
mental
retardation and developmental disabilities and the county
board of
any adverse findings. After receiving the notice, the
county
board, in conjunction with the department of mental
retardation
and developmental disabilities, shall cooperate fully
with the
department of job and family services and timely prepare
and send
to the department a written plan of correction or
response to the
adverse findings. The county board is liable for
any adverse
findings that result from an action it takes or fails
to take in
its implementation of medicaid local administrative
authority.
(F) If the department of mental retardation and
developmental
disabilities or department of job and family
services determines
that a county board's implementation of its
medicaid local
administrative authority under this section is
deficient,
the
department that makes the determination shall
require that
county
board do the following:
(1) If the deficiency affects the health, safety, or
welfare
of an individual with mental retardation or other
developmental
disability, correct the deficiency within
twenty-four hours;
(2) If the deficiency does not affect the health, safety,
or
welfare of an individual with mental retardation or other
developmental disability, receive technical assistance from the
department or submit a plan of correction to the
department that
is acceptable to the department within sixty days
and correct the
deficiency within the time required by the plan of
correction.
Sec. 5126.056. (A) The department of mental retardation and
developmental disabilities shall take action under division (B) of
this section against a county board of mental retardation and
developmental disabilities if any of the following are the case:
(1) The county board fails to submit to the department all
the components of its three-year plan required by section 5126.054
of the Revised Code within the time required by division (B) of
that section.
(2) The department disapproves the county board's
three-year
plan under section 5123.046 of the Revised Code.
(3) The county board fails, as required by division (C)(B) of
section 5126.054 of the Revised Code, to update and renew its
three-year plan in accordance with a schedule the department
develops under that section.
(4) The county board fails to implement its initial or
renewed three-year plan approved by the department.
(5) The county board fails to correct a deficiency within
the
time required by division (F) of section 5126.055 of the
Revised
Code to the satisfaction of the department.
(6) The county board fails to submit an acceptable plan of
correction to the department within the time required by division
(F)(2) of section 5126.055 of the Revised Code.
(B) If required by division (A) of this section to take
action against a county board, the department shall issue an order
terminating the county board's medicaid local administrative
authority over all or part of home and community-based services,
medicaid case management services, or all or part of both
of those
services. The department shall provide a copy of the
order to the
board of county commissioners, senior probate judge, county
auditor, and president and superintendent of the county board.
The
department shall specify in the order the medicaid local
administrative authority that the department is terminating, the
reason for the termination, and the county board's option and
responsibilities under this division.
A county board whose medicaid local administrative authority
is terminated may, not later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority.
If the department rejects the county board's recommendation
regarding a contracting authority, the county board may appeal the
rejection under section 5123.043 of the Revised Code.
If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation
and the
rejection is upheld pursuant to an appeal, if any, under
section
5123.043 of the Revised Code,
the department shall appoint
an administrative receiver to
administer the services for which
the county board's medicaid
local administrative authority is
terminated. To the extent
necessary for the department to appoint
an administrative
receiver, the department may utilize employees
of the department,
management personnel from another county board,
or other
individuals who are not employed by or affiliated with in
any
manner a person that provides home and
community-based
services or
medicaid case management services
pursuant to a
contract with any
county board. The
administrative
receiver shall
assume full
administrative
responsibility for the
county board's
services for
which the
county board's medicaid
local
administrative authority
is
terminated.
The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan.
The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(B)(A) of section 5126.057 5126.0511 of the Revised Code to pay
the nonfederal
share of the services that the county board is
required by
division (A) of that section sections 5126.059 and
5126.0510 of the Revised Code to pay. The county board shall
transfer control of the funds to the contracting authority or
administrative receiver administering the services. The amount
the
county board shall transfer shall be the amount necessary for
the
contracting authority or administrative receiver to fulfill
its
duties in administering the services, including its duties to
pay
its personnel for time worked, travel, and related matters.
If
the
county board fails to make the transfer, the department may
withhold the state and federal funds from the county board and
bring a mandamus action against the county board in the court of
common pleas of the county served by the county board or in the
Franklin county court of common pleas. The mandamus action may
not
require that the county board transfer any funds other than
the
funds the county board is required by division (B) of this
section
to
transfer.
The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.059. A county board of mental retardation and
developmental disabilities shall pay the nonfederal share of
medicaid expenditures for medicaid case management services the
county board provides to an individual with mental retardation or
other developmental disability who the county board determines
under section 5126.041 of the Revised Code is eligible for county
board services.
Sec. 5126.0510. (A) Except as otherwise provided in an
agreement entered into under section 5123.048 of the Revised Code
and subject to divisions (B), (C), and (D) of this section, a
county board of mental retardation and developmental disabilities
shall pay the nonfederal share of medicaid expenditures for the
following home and community-based services provided to an
individual with mental retardation or other developmental
disability who the county board determines under section 5126.041
of the Revised Code is eligible for county board services:
(1) Home and community-based services provided by the county
board to such an individual;
(2) Home and community-based services provided by a provider
other than the county board to such an individual who is enrolled
as of June 30, 2007, in the medicaid waiver component under which
the services are provided;
(3) Home and community-based services provided by a provider
other than the county board to such an individual who, pursuant to
a request the county board makes, enrolls in the medicaid waiver
component under which the services are provided after June 30,
2007;
(4) Home and community-based services provided by a provider
other than the county board to such an individual for whom there
is in effect an agreement entered into under division (E) of this
section between the county board and director of mental
retardation and developmental disabilities.
(B) In the case of medicaid expenditures for home and
community-based services for which division (A)(2) of this section
requires a county board to pay the nonfederal share, the following
shall apply to such services provided during fiscal year 2008
under the individual options medicaid waiver component:
(1) The county board shall pay no less than the total amount
the county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component;
(2) The county board shall pay no more than the sum of the
following:
(a) The total amount the county board paid as the nonfederal
share for home and community-based services provided in fiscal
year 2007 under the individual options medicaid waiver component;
(b) An amount equal to one per cent of the total amount the
department of mental retardation and developmental disabilities
and county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component to individuals the
county board determined under section 5126.041 of the Revised Code
are eligible for county board services.
(C) A county board is not required to pay the nonfederal
share of home and community-based services provided after June 30,
2008, that the county board is otherwise required by division
(A)(2) of this section to pay if the department of mental
retardation and developmental disabilities fails to comply with
division (A) of section 5123.0416 of the Revised Code.
(D) A county board is not required to pay the nonfederal
share of home and community-based services that the county board
is otherwise required by division (A)(3) of this section to pay if
both of the following apply:
(1) The services are provided to an individual who enrolls in
the medicaid waiver component under which the services are
provided as the result of an order issued following a state
hearing, administrative appeal, or appeal to a court of common
pleas made under section 5101.35 of the Revised Code;
(2) There are more individuals who are eligible for services
from the county board enrolled in the medicaid waiver component
than is required by section 5126.0512 of the Revised Code.
(E) A county board may enter into an agreement with the
director of mental retardation and developmental disabilities
under which the county board agrees to pay the nonfederal share of
medicaid expenditures for one or more home and community-based
services that the county board is not otherwise required by
division (A)(1), (2), or (3) of this section to pay and that are
provided to an individual the county board determines under
section 5126.041 of the Revised Code is eligible for county board
services. The agreement shall specify which home and
community-based services the agreement covers. The county board
shall pay the nonfederal share of medicaid expenditures for the
home and community-based services that the agreement covers as
long as the agreement is in effect.
Sec. 5126.057 5126.0511. (A) A county board of mental
retardation and
developmental disabilities that has medicaid local
administrative
authority
under division (A) of section 5126.055 of
the Revised
Code for
home and community-based services shall pay
the
nonfederal share of
medicaid expenditures for such services
provided to an individual
with mental retardation or other
developmental disability who the
county board determines under
section 5126.041 of the Revised Code
is eligible for county board
services unless division (B)(2) or (3) of section 5123.047 of the
Revised
Code requires the department of mental retardation and
developmental disabilities to pay the nonfederal share.
A county board that provides medicaid
case management
services shall pay the
nonfederal share of
medicaid expenditures
for such services
provided to an individual
with mental
retardation or other
developmental disability who the
county board
determines under
section 5126.041 of the Revised Code
is eligible
for county board
services.
(B) A county board of mental retardation and developmental
disabilities may use the following funds to pay the
nonfederal
share of the services medicaid expenditures that the county board
is required
by division (A) sections 5126.059 and 5126.0510 of
this section the Revised Code to pay:
(1) To the extent consistent with the levy that generated
the
taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board to pay the nonfederal share of the services.
(2) Funds that the department of mental retardation and
developmental disabilities distributes to the county board under
sections 5126.11, 5126.12, 5126.15, and 5126.18, and 5126.44 of
the
Revised Code;
(3) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement;
(4) Funds that the department of mental retardation and
developmental disabilities distributes to the county board as
subsidy payments;
(5) In the case of medicaid expenditures for home and
community-based services, funds allocated to or otherwise made
available for the county board under section 5123.0416 of the
Revised Code to pay the nonfederal share of such medicaid
expenditures.
(C) If by December 31, 2001, the United States secretary of
health and human services approves at least five hundred
more
slots for home and community-based
services for calendar year 2002
than were available for calendar year 2001, each county board
shall
provide, by the last day of calendar year 2001, assurances
to the
department of mental retardation
and developmental
disabilities
that the county board will have for calendar year
2002 at least
one-third of the value of one-half, effective mill
levied in the
county the preceding year available to pay the
nonfederal share
of
the
services that the county board is required
by division (A)
of
this
section to pay.
If by December 31, 2002, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2003 than were available for calendar
year 2002, each county board shall provide, by the last day of
calendar year 2002, assurances to the department that the county
board will have for calendar year 2003 at least two-thirds of the
value of one-half, effective mill levied in the county the
preceding year available to pay the nonfederal share of the
services that the county board is required by division (A) of this
section to pay.
If by December 31, 2003, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2004 than were available for calendar
year 2003, each county board shall provide, by the last day of
calendar year 2003 and each calendar year thereafter, assurances
to the department that the county board will have for calendar
year 2004 and each calendar year thereafter at least the value of
one-half, effective mill levied in the county the preceding year
available to pay the nonfederal share of the services that the
county board is required by division (A) of this section to pay.
(D) Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the services medicaid expenditures that
the county board is
required by division (A) of this section
sections 5126.059 and 5126.0510 of the Revised Code to pay. The
amount
specified shall be adequate to assure that the services for
which the medicaid expenditures are made will be
available in the
county in a manner that conforms to all
applicable state and
federal laws. A county board shall state in
its resolution that
the payment of the nonfederal share represents
an ongoing
financial commitment of the county board. A county
board shall
adopt the resolution in time for the county auditor to
make the
determination required by division (E)(C) of this section.
(E)(C) Each year, a county auditor shall determine whether
the
amount of funds a county board specifies in the resolution it
adopts under division (D)(B) of this section will be available in
the
following year for the county board to pay the nonfederal
share of
the services medicaid expenditures that the county board
is required by division (A) of
this section sections 5126.059 and
5126.0510 of the Revised Code to pay. The county auditor shall
make the
determination not later than the last day of the year
before the
year in which the funds are to be used.
Sec. 5126.0512. (A) As used in this section, "medicaid
waiver component" means a medicaid waiver component as defined in
section 5111.85 of the Revised Code under which home and
community-based services are provided.
(B) Effective July 1, 2007, each county board of mental
retardation and developmental disabilities shall ensure, for each
medicaid waiver component, that the number of individuals eligible
under section 5126.041 of the Revised Code for services from the
county board who are enrolled in a medicaid waiver component is no
less than the sum of the following:
(1) The number of individuals eligible for services from the
county board who are enrolled in the medicaid waiver component on
June 30, 2007;
(2) The number of medicaid waiver component slots the county
board requested before July 1, 2007, that were assigned to the
county board before that date but in which no individual was
enrolled before that date.
(C) An individual enrolled in a medicaid waiver component
after March 1, 2007, due to an emergency reserve capacity waiver
assignment shall not be counted in determining the number of
individuals a county board must ensure under division (B) of this
section are enrolled in a medicaid waiver component.
(D) An individual who is enrolled in a medicaid waiver
component to comply with the terms of the consent order filed
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in
the United States district court for the southern district of
Ohio, eastern division, shall be excluded in determining whether a
county board has complied with division (B) of this section.
(E) A county board shall make as many requests for
individuals to be enrolled in a medicaid waiver component as
necessary for the county board to comply with division (B) of this
section.
Sec. 5126.06. (A) Except as provided in division (B) of
this
section
and section
5126.036 of the Revised Code,
any person
who
has a complaint involving any of the
programs,
services,
policies,
or administrative practices of a
county board
of mental
retardation and developmental disabilities
or any of the
entities
under contract with the county board, may
file a
complaint with
the board. Prior to commencing a civil
action
regarding the
complaint, a person shall attempt to have
the
complaint resolved
through the administrative resolution
process
established in the
rules adopted under section 5123.043
of the
Revised Code. After
exhausting the administrative
resolution
process, the person may
commence a civil action if the
complaint
is not settled to the
person's satisfaction.
(B) An employee of a county board may not file
under this
section a complaint related to the terms and conditions of
employment of the employee.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
class" means a class
operated by a
county board of
mental
retardation and developmental
disabilities
and
funded by the
department of
education under
section
3317.20
of
the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
under
division (B) of section 3317.05
of
the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in home and
community-based services.
(5)
"Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental
disabilities shall certify to the director of
mental
retardation
and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children with
disabilities in approved
school age
classes;
(c) Adult services for persons sixteen years of age and
older
operated pursuant to section 5126.05 and division (B) of
section
5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
classes shall be
in accordance with
rules
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of March April, an
itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) By the fifteenth day of February, a report of the
total
annual cost per enrollee for operation of
programs and services in
the preceding calendar year. The report
shall include a grand
total of all programs operated, the cost of
the individual
programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for
the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average
daily membership required by division (B)(1) of this
section
exclusive of the average daily membership in any approved
school
age
class and the number in any approved preschool
unit.
(D) The department shall pay each county board for each
fiscal
year an amount equal to nine hundred fifty dollars
times
the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in
an approved preschool
unit. For persons who are
at least age
sixteen and are not in an approved school age
class, the
department shall pay
each county board for each fiscal year the
following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment;
(3) No less than one thousand five hundred dollars times
the
certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment;
(4) No less than one thousand five hundred dollars times
the
certified average daily membership of persons participating
in
community employment services.
(E) The department shall distribute this subsidy to county
boards in quarterly installments of equal amounts. The
installments shall be made not later
than the thirtieth day of
September, the thirty-first day of
December, the thirty-first day
of
March, and the thirtieth day of June.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of
service and support
administration, family
support
services, and
other services
required or approved by the
director for which
children three
through twenty-one years of age
are eligible, the
department shall
include the average daily
membership in approved
school age or
preschool units. The
department, in accordance with
this
section
and upon receipt and
approval of the certification
required
by
this section and any
other information it requires to
enable it to
determine a board's
payments, shall pay the agency
providing the
specialized training
the amounts payable under this
section.
Sec. 5126.15. (A) A county board of mental retardation
and
developmental disabilities shall provide service and support
administration to each individual
three years of age or older who
is
eligible for
service
and support
administration if the
individual requests, or a person on the
individual's behalf
requests, service and support administration.
A board shall
provide service and
support administration to each
individual
receiving home and
community-based services. A board
may provide,
in accordance
with
the service coordination
requirements of 34
C.F.R. 303.23,
service
and support
administration to an individual
under three
years of
age eligible
for early intervention services
under 34
C.F.R. part
303. A board
may provide
service and support
administration to an
individual
who is not
eligible for other
services of the board.
Service and
support
administration shall
be
provided in accordance
with rules
adopted
under section 5126.08
of
the Revised Code.
A board may provide service and support administration by
directly employing service and support administrators or by
contracting with entities for the performance of service and
support administration.
Individuals employed or under contract as
service and support administrators shall not be in the same
collective bargaining unit as employees who perform duties that
are not administrative.
Individuals employed by a board as service and support
administrators shall not be assigned responsibilities for
implementing
other services for individuals and shall
not be
employed by
or serve in a decision-making or
policy-making
capacity for any
other
entity that
provides programs or
services
to individuals
with mental
retardation
or developmental
disabilities.
An
individual
employed as a conditional status
service and support
administrator
shall perform the duties of
service and support
administration
only under the supervision of a
management employee
who is a
service and support administration
supervisor.
(B) The individuals employed by or under contract with a
board to provide service and support administration shall do all
of the following:
(1) Establish an individual's eligibility for the services
of
the county board of mental retardation and developmental
disabilities;
(2) Assess individual needs for services;
(3) Develop individual service plans with the active
participation of the individual to be served, other persons
selected by the individual, and, when applicable, the provider
selected by the individual, and recommend the plans for approval
by the department of mental retardation and developmental
disabilities when services included in the plans are funded
through medicaid;
(4) Establish budgets for services based on the individual's
assessed needs and preferred ways of meeting those needs;
(5) Assist individuals in making selections from among the
providers they have chosen;
(6) Ensure that services are effectively coordinated and
provided by appropriate providers;
(7) Establish and implement an ongoing system of monitoring
the implementation of individual service plans to achieve
consistent implementation and the desired outcomes for the
individual;
(8) Perform quality assurance reviews as a distinct function
of service and support administration;
(9) Incorporate the results of quality assurance reviews and
identified trends and patterns of unusual incidents and major
unusual incidents into amendments of an individual's service plan
for the purpose of improving and enhancing the quality and
appropriateness of services rendered to the individual;
(10) Ensure that each individual receiving services has a
designated person who is responsible on a continuing basis for
providing the individual with representation, advocacy, advice,
and assistance related to the day-to-day coordination of services
in accordance with the individual's service plan. The service and
support administrator shall give the individual receiving services
an opportunity to designate the person to provide daily
representation. If the individual declines to make a designation,
the administrator shall make the designation. In either case, the
individual receiving services may change at any time the person
designated to provide daily representation.
(C) Subject to available funds, the department of mental
retardation and developmental disabilities shall pay a county
board
an annual subsidy for
service and support
administration.
The amount of the
subsidy shall
be
equal to the
greater of twenty
thousand dollars or two hundred
dollars times
the board's
certified average daily membership. The
payments
shall be
made in
quarterly installments of equal amounts, which shall be
made no
later
than the thirtieth day of September, the
thirty-first day of
December, the
thirty-first day
of
March, and the thirtieth day of
June.
Funds received shall be used solely
for
service and support
administration.
Sec. 5126.18. (A)
As used in this section:
(1) "County board" means a county board of mental
retardation
and developmental disabilities.
(2) Notwithstanding section 5126.01 of the Revised Code,
"adult services" means the following services, as they are
identified on individual information forms submitted by county
boards to the department of mental retardation and developmental
disabilities for the purpose of subsidies paid to county boards
under section 5126.12 of the Revised Code, provided to an
individual with mental retardation or other developmental
disability who is at least twenty-two years of age:
(d) Community employment services;
(3) "Adult services enrollment" means a county board's
average daily membership in adult services, exclusive of such
services provided to individuals served solely through service and
support administration provided pursuant to section 5126.15 of the
Revised Code or family support services provided pursuant to
section 5126.11 of the Revised Code.
(4) "Taxable value" means the taxable value of a county
board
certified under division (B)(1) of this section.
(5) "Per-mill yield" of a county board means the quotient
obtained by dividing (a) the taxable value of the county board by
(b) one thousand.
(6) "Local adult services cost" means a county board's
expenditures for adult services, excluding all federal and state
reimbursements and subsidy allocations received by such boards and
expended for such services, as certified under section 5126.12 of
the Revised Code.
(7) "Statewide average millage" means one thousand
multiplied
by the quotient obtained by dividing (a) the total of
the local
adult services costs of all county boards by (b) the
total of the
taxable values of all county boards.
(8) "County yield" of a county board means the product
obtained by multiplying (a) the statewide average millage by (b)
the per-mill yield of the county board.
(9) "County yield per enrollee" of a county board means the
quotient obtained by dividing (a) the county yield of the county
board by (b) the adult enrollment of the county board.
(10) "Statewide yield per enrollee" means the quotient
obtained by dividing (a) the sum of the county yields of all
county boards by (b) the sum of the adult enrollments of all
county boards.
(11) "Local tax effort for adult services" of a county
board
means one thousand multiplied by the quotient obtained by
dividing
(a) the local adult
services cost of the county board by
(b) the
taxable value of the
county board.
(12) "Funding percentage" for a fiscal year means the
percentage that the amount appropriated to the department for the
purpose of making payments under this section in the fiscal year
is of the amount computed under division (C)(3) of this section
for the fiscal year.
(13) "Funding-adjusted required millage" for a fiscal year
means the statewide average millage multiplied by the funding
percentage for that fiscal year.
(B)(1)
On the request of the
director of
mental
retardation
and developmental disabilities, the
tax
commissioner
shall provide
to the department of mental
retardation
and
developmental
disabilities information specifying
the taxable
value of property
on each county's tax list of real and
public
utility property and
tax list of personal property for the
most
recent tax year for
which such information is available. The
director may request any
other tax information
necessary for
the
purposes of
this
section.
(2) On the request of the director, each county board shall
report the county board's adult services enrollment and local
adult services cost.
(C) Each year, the department of mental retardation and
developmental disabilities shall compute the following:
(1) For each county board, the amount, if any, by which the
statewide yield per enrollee exceeds the county yield per
enrollee;
(2) For each county board, the amount of any excess
computed
under division (C)(1) of this section multiplied by the
adult
services enrollment of the county board;
(3) The sum of the amounts computed under division (C)(2)
of
this section for all county boards.
(D) From money appropriated for the purpose, the
department
shall
provide for payment to each county board of the amount
computed
for that county board under division (C)(2) of this
section,
subject to any reduction or adjustment under division
(E), (F), or
(G) of this section. The department shall make the
payments in quarterly installments of equal amounts. The
installments shall be made not later than the thirtieth day of
September, thirty-first day of December, thirty-first day of
March, and thirtieth day of June.
(E) If a county board's local tax effort for adult services
is less than the funding-adjusted required millage, the director
shall reduce the amount of payment otherwise computed under
division (C)(2) of this section so that the amount paid, after the
reduction, is the same percentage of the amount computed under
division (C)(2) of this section as the county board's local tax
effort for adult services is of the funding-adjusted required
millage.
If the director reduces the amount of a county board's
payment under this division, the department, not later than the
fifteenth day of July, shall notify the county board of the
reduction and the amount of the reduction. The notice shall
include a statement that the county board may request to be
exempted from the reduction by filing a request with the director,
in the manner and form prescribed by the director, within
twenty-one days after such notification is issued. The board may
present evidence of its attempt to obtain passage of levies or any
other extenuating circumstances the board considers relevant. If
the county board requests a hearing before the director to present
such evidence, the director shall conduct a hearing on the request
unless the director exempts the board from the reduction on the
basis of the evidence presented in the request filed by the board.
Upon receiving a properly and timely filed request for exemption,
but not later than the thirty-first day of August, the director
shall determine whether the county board shall be exempted from
all or a part of the reduction. The director may exempt the board
from all or part of the reduction if the director finds that the
board has made good faith efforts to obtain passage of tax levies
or that there are extenuating circumstances.
(F) If a payment is reduced under division (E) of this
section and the director does not exempt the county board from the
reduction, the amount of the reduction shall be apportioned among
all county boards entitled to payments under this section for
which payments were not so reduced. The amount apportioned to
each
county board shall be proportionate to the amount of the
board's
payment as computed under division (C)(2) of this section.
(G) If, for any fiscal year, the amount appropriated to the
department for the purpose of this section is less than the amount
computed under division (C)(3) of this section for the fiscal
year, the department shall adjust the amount of each payment as
computed under divisions (C)(2), (E), and (F) of this section by
multiplying that amount by the funding percentage.
(H) The payments authorized by this section are
supplemental
to all other funds that may be received by a county
board. A
county board shall use the payments solely to pay the
nonfederal
share of medicaid expenditures that division (A) of
section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code
requires require the county board to
pay.
Sec. 5126.19. (A) The director of mental retardation and
developmental disabilities may grant temporary funding from the
community mental retardation and developmental disabilities trust
fund
based on allocations to
county
boards of mental
retardation
and developmental
disabilities.
The director
may distribute all
or
part of
the funding directly to
a county board, the persons
who
provide
the services for which the funding is granted, or persons
with
mental retardation or developmental disabilities who are to
receive those services.
(B) Funding granted under
division (A) of this section shall
be granted
according to the availability of moneys in the fund and
priorities
established by the director. Funding may be granted
for
any of
the following purposes:
(1) Behavioral or short-term interventions for persons
with
mental retardation or developmental disabilities that assist
them
in remaining in the community by preventing
institutionalization;
(2) Emergency respite care services, as defined in section
5126.11 of the Revised Code;
(3) Family support services provided under section
5126.11
of
the Revised Code;
(4) Supported living, as defined in section 5126.01 of the
Revised Code;
(5) Staff training for county board employees, employees
of
providers of residential services as defined in section
5126.01 of
the Revised Code, and other personnel under contract
with a county
board, to provide the staff with necessary training
in serving
mentally retarded or developmentally disabled persons
in the
community;
(6) Short-term provision of early childhood services
provided
under section 5126.05, adult services provided under
sections
5126.05 and 5126.051, and
service and support
administration
provided under section 5126.15
of the Revised Code,
when local
moneys are insufficient to meet
the need for such
services due to
the successive failure within a
two-year period of
three or more
proposed levies for the services;
(7) Contracts with providers of residential services to
maintain persons with mental retardation and developmental
disabilities in their programs and avoid institutionalization.
(C) If the trust fund contains more than ten million
dollars
on the first day of July the director shall use one
million
dollars for payments under section 5126.12 of the Revised
Code,
one million dollars for payments under section 5126.18 of
the
Revised Code, and two million dollars for payments under
section
5126.44 of the Revised Code subsidies to county boards for
supported living, and one million dollars for subsidies to county
boards for early childhood services and adult services provided
under section 5126.05 of the Revised Code. Distributions of funds
under this
division shall be made prior to August 31 of the state
fiscal year
in which the funds are available. The funds shall be
allocated
to a county board in an amount equal to the same
percentage of the
total amount
allocated to
the county board
the
immediately
preceding state
fiscal year.
(D) In addition to making grants under division (A) of this
section, the director may use money available in the trust fund
for the same purposes that rules adopted under section 5123.0413
of the Revised Code provide for money in the state MR/DD risk fund
and the state insurance against MR/DD risk fund, both created
under that section, to be used.
Sec. 5126.25. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing uniform standards
and procedures for the certification of persons for employment by
county boards of mental retardation and developmental
disabilities
as superintendents, management employees, and
professional
employees and uniform standards and procedures for
the
registration of persons for employment by county boards as
registered service employees. As part of the rules, the director
may
establish continuing education and professional training
requirements for
renewal of certificates and evidence of
registration
and shall establish such requirements for renewal of
an investigative agent certificate. In the rules,
the director
shall establish certification standards for
employment in the
position of investigative agent that require an
individual to have
or obtain no less than an associate degree from
an accredited
college or university or have or obtain comparable
experience or
training. The director shall not
adopt
rules that require any
service employee to have or obtain a
bachelor's or higher degree.
The director shall adopt the rules in a manner that provides
for the issuance
of certificates and evidence of registration
according to categories, levels,
and grades. The rules shall
describe each category, level, and grade.
The rules adopted under this division shall apply to
persons
employed or seeking employment in a position that
includes
directly providing, or supervising persons who directly
provide,
services or instruction to or on behalf of individuals
with mental
retardation or developmental disabilities, except
that the rules
shall not apply to persons who hold a valid
license issued under
Chapter 3319. of the Revised Code and
perform no duties other than
teaching or supervision of a
teaching program or persons who hold
a valid license or
certificate issued under Title XLVII of the
Revised Code and
perform only those duties governed by the license
or certificate.
The rules shall specify the positions that require
certification
or registration.
The rules shall specify that the
position of investigative agent requires certification.
(B) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code establishing standards for
approval of
courses of study to prepare persons to meet
certification
requirements. The director shall approve courses
of
study meeting
the standards and provide for the inspection of
the
courses to
ensure the maintenance of satisfactory training
procedures. The
director shall approve courses of study only if
given by a state
university or college as defined in section
3345.32 of the Revised
Code, a state university or college of
another state, or an
institution that has received a certificate
of authorization to
confer degrees from the board of regents
pursuant to Chapter 1713.
of the Revised Code or from a
comparable
agency of another state.
(C) Each applicant for a certificate for employment or
evidence of registration for employment by a county board shall
apply to the department of mental retardation and developmental
disabilities on forms that the director of the department shall
prescribe and provide. The application shall be accompanied by
the
application fee established in rules adopted under this
section.
(D) The director shall issue a certificate for employment
to
each applicant who meets the standards for certification
established under this section and shall issue evidence of
registration for employment to each applicant who meets the
standards for registration established under this section. Each
certificate or evidence of registration shall state the category,
level, and grade for which it is issued.
The director shall issue, renew, deny, suspend, or revoke
certificates and evidence of registration in accordance with
rules
adopted under this section. The director shall deny,
suspend, or
revoke a certificate or evidence of registration if the director
finds, pursuant to an adjudication conducted in accordance
with
Chapter 119. of the Revised Code, that the applicant for or
holder
of the certificate or evidence of registration is guilty
of
intemperate, immoral, or other conduct unbecoming to the
applicant's or holder's position, or is guilty of incompetence or
negligence
within the
scope of the applicant's or holder's duties.
The director shall deny or
revoke a certificate or
evidence of
registration if the director finds, pursuant to
an adjudication
conducted in accordance with Chapter 119. of the Revised Code,
that the applicant for or holder of the certificate or evidence of
registration has been convicted of or pleaded guilty to any of the
offenses
described in division (E) of section 5126.28 of the
Revised Code, unless the
individual meets standards for
rehabilitation that the director establishes in
the rules adopted
under that section. Evidence supporting such allegations
shall be
presented to the director in writing and the director shall
provide
prompt notice of the allegations to the person who is the
subject of the
allegations. A denial, suspension, or revocation
may be appealed in
accordance with procedures the director shall
establish in the rules adopted
under this section.
(E)(1) A person holding a valid certificate under this
section on the effective date of any rules adopted under this
section that increase certification standards shall have such
period as the rules prescribe, but not less than one year after
the effective date of the rules, to meet the new certification
standards.
A person who is registered under this section on the
effective date of any rule that changes the standards adopted
under this section shall have such period as the rules prescribe,
but not less than one year, to meet the new registration
standards.
(2) If an applicant for a certificate for employment has
not
completed the courses of instruction necessary to meet the
department's standards for certification, the department shall
inform the applicant of the courses the applicant must
successfully complete
to meet the standards and shall specify the
time within which the
applicant must complete the courses. The
department shall grant the
applicant at least one year to complete
the courses and shall not
require the applicant to complete more
than four courses in any
one year. The applicant is not subject
to
any changes regarding
the courses required for certification
that
are made after the
department informs the applicant of the
courses
the applicant must complete, unless
the applicant does not
successfully complete the courses within
the time specified by the
department.
(F) A person who holds a certificate or evidence of
registration, other than one designated as temporary, is
qualified
to be employed according to that certificate or
evidence of
registration by any county board.
(G) The director shall monitor county boards to ensure
that
their employees who must be certified or registered are
appropriately certified or registered and performing those
functions they are authorized to perform under their certificate
or evidence of registration.
(H) A county board superintendent or the superintendent's
designee may certify to the director
that county board employees
who are required to meet continuing education or
professional
training requirements as a condition of renewal of certificates
or
evidence of registration have met the requirements. The
superintendent or
the superintendent's
designee shall maintain in
appropriate personnel files evidence acceptable to
the director
that the employees have met the requirements and permit
representatives of the department access to the evidence on
request.
(I) All fees collected pursuant to this section shall be
deposited in the state treasury to the credit of the employee
certification and registration program fee fund, which is hereby
created under section 5123.033 of the Revised Code.
Money credited
to the fund shall be used solely for the operation
of the
certification and registration program established under
this
section and for providing continuing training to county
board
employees.
(J) Employees of entities that contract with county boards
of
mental retardation and developmental disabilities to operate
programs and
services for individuals with mental retardation and
developmental
disabilities are subject to the certification and
registration requirements
established under section 5123.082 of
the Revised Code.
Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised
Code do not apply to medicaid-funded supported living.
(B) As used in this section and sections 5126.41
5126.40 to
5126.47 of the Revised Code, "provider" means a person or
government entity certified by the department director of mental
retardation and developmental disabilities to provide supported
living for
individuals with mental retardation and developmental
disabilities.
(B) This division is in effect until July 1, 1995. By
adoption of a
resolution by
affirmative vote of a majority of its
members, a county board of mental
retardation and
developmental
disabilities shall have authority to plan and
develop supported
living for individuals with mental retardation and
developmental
disabilities who are residents of the
county and, as provided in
sections 5126.41 to 5126.47 of the
Revised Code, contract with
providers and enter into shared
funding arrangements. The board's
authority under this division
is effective on the department's
receipt of the resolution.
(C) On and after July 1, 1995, each county board shall plan
and develop
supported living for individuals with mental
retardation and developmental
disabilities who are residents of
the county in accordance with sections
5126.41 to 5126.47 of the
Revised Code.
Sec. 5126.42. (A) A county board of mental retardation
and
developmental disabilities shall establish an advisory
council
composed of board members or employees of the board,
providers,
individuals receiving supported living, and advocates
for
individuals receiving supported living to provide on-going
communication among all persons concerned with supported living.
(B) The board shall develop procedures for the resolution
of
grievances between the board and providers or between the
board
and an entity with which it has a shared funding agreement.
(C) The board shall develop and implement a provider
selection system. Each system shall enable an individual to
choose
to continue receiving supported living from the same
providers, to
select additional providers, or to choose
alternative providers.
Annually, the board shall review its
provider selection system to
determine whether it has been
implemented in a manner that allows
individuals fair and
equitable access to providers.
In developing a provider selection system, the county board
shall create a pool of providers for individuals to use in
choosing their providers of supported living. The pool shall be
created by placing in the pool all providers on record with the
board or by placing in the pool all providers approved by the
board through soliciting requests for proposals for supported
living contracts. In either case, only providers that are
certified by the department director of mental retardation and
developmental disabilities and in compliance with the quality
assurance standards established in rules adopted by the
department
may be placed in the pool.
If the board places all providers on record in the pool,
the
board shall review the pool at least annually to determine
whether
each provider has continued interest in being a provider
and has
maintained its certification by the department. At any
time, an
interested and certified provider may make a request to
the board
that it be added to the pool, and the board shall add
the provider
to the pool not later than seven days after
receiving the request.
If the board solicits requests for proposals for inclusion
of
providers in the pool, the board shall develop standards for
selecting the providers to be included. Requests for proposals
shall be solicited at least annually. When requests are
solicited,
the board shall cause legal notices to be published at
least once
each week for two consecutive weeks in a newspaper
with general
circulation within the county. The board's formal
request for
proposals shall include a description of any
applicable contract
terms, the standards that are used to select
providers for
inclusion in the pool, and the process the board
uses to resolve
disputes arising from the selection process. The
board shall
accept requests from any entity interested in being a
provider of
supported living for individuals served by the board.
Requests
shall be approved or denied according to the standards
developed
by the board. Providers that previously have been
placed in the
pool are not required to resubmit a request for
proposal to be
included in the pool, unless the board's standards
have been
changed.
In assisting an individual in choosing a provider, the
county
board shall provide the individual with uniform and
consistent
information pertaining to each provider in the pool,
including the
provider evaluations conducted under section
5126.431 of the
Revised Code on and after July 1, 1995. An
individual may choose
to receive supported living from a provider
that is not included
in the pool, if the provider is certified by
the department
director of mental retardation and developmental
disabilities and
in compliance with the quality assurance
standards established in
rules adopted by the department.
Sec. 5126.43. (A) After receiving notice from the department
of mental
retardation and developmental disabilities of the amount
of state funds to be distributed to
it under section 5126.44 of
the Revised Code for planning, developing, contracting for, and
providing supported living, the county board of mental
retardation
and developmental disabilities shall arrange for supported living
on behalf of and with the consent of individuals based on their
individual
service plans developed under section 5126.41 of the
Revised Code. With the
state distribution and any other money
designated by the board for supported
living, the board shall
arrange for supported living in one or more
of the following ways:
(1) By contracting under section 5126.45 of the Revised Code
with providers
selected by the individual to be served;
(2) By entering into shared funding agreements with state
agencies, local
public agencies, or political subdivisions at
rates negotiated by the board;
(3) By providing direct payment or vouchers to be used to
purchase
supported living, pursuant to a written contract in an
amount determined by the board, to the
individual or a person
providing the individual with protective services as
defined in
section 5123.55 of the Revised Code.
(B) When the board contracts for supported living on behalf
of an individual,
the The board may contract arrange for supported
living only with providers that are certified by the
department
director of mental retardation and developmental disabilities and
are in
compliance with the quality assurance standards established
in rules adopted
by the department. The contract terms shall be as
provided in section 5126.45
of the Revised Code.
When no certified provider is willing and able to provide
supported living for
an individual in accordance with the terms of
the individual service plan for
that individual, a county board
may provide supported living directly, if it
complies with
certification and quality assurance standards established by the
department is certified by the director of mental retardation and
developmental disabilities to provide supported living.
A county board may, for a period not to exceed ninety days,
contract for or
provide supported living without meeting the
requirements of this section for
an individual it determines to be
in emergency need of supported living.
Thereafter, the individual
shall choose providers in accordance with sections
5126.41 and
5126.42 of the Revised Code.
Sec. 5126.45. (A) A contract between a county board of
mental retardation and developmental disabilities and a provider
of supported living shall be in writing and shall be based on the
individual
service plan developed by the individual under section
5126.41 of the Revised
Code. The plan may be submitted as an
addendum to the contract. An
individual receiving services
pursuant to a contract shall be considered a
third-party
beneficiary to the contract.
The board shall not
contract with a provider to provide a
residence to a person to
whom the provider is providing other
supported living services,
unless one of the following applies:
(1) The provider is under contract with the board for both
residence and services on July 17, 1990, and the contract is being
renewed.
(2) The provider has a contract being transferred from the
state to the
county board under section 5126.451 of the Revised
Code and the contract is
being renewed.
(3) The provider lives in the residence and provides
services
to not more than three persons who reside in the
residence at any
one time.
(4) The provider is an association of family members
related
to two or more of the persons who reside in the residence
and
provides services to not more than four persons who reside in
the
residence at any one time.
(B) The contract shall be negotiated between the provider and
the county
board. The terms of the contract shall include at least
the following:
(1) The contract period and conditions for renewal;
(2) The services to be provided pursuant to the individual
service plan;
(3) The rights and responsibilities of all parties to the
contract;
(4) The methods that will be used to evaluate the services
delivered by the
provider;
(5) Procedures for contract modification that ensure all
parties affected by
the modification are involved and agree;
(6) A process for resolving conflicts between individuals
receiving services,
the county board, and the provider, as
applicable;
(7) Procedures for the retention of applicable records;
(8) Provisions for contract termination by any party involved
that include
requirements for an appropriate notice of intent to
terminate the contract;
(9) Methods to be used to document services provided;
(10) Procedures for submitting reports required by the county
board as a
condition of receiving payment under the contract;
(11) The method and schedule the board will use to make
payments to the
provider and whether periodic payment adjustments
will be made to the
provider;
(12) Provisions for conducting fiscal reconciliations for
payments made
through methods other than a fee-for-service
arrangement.
(C) Payments to the provider under a supported living
contract must be determined by the board to be reasonable in
accordance with policies and procedures developed by the board.
Goods or services provided without charge to the provider shall
not be included as expenditures of the provider.
(D) The board shall establish procedures for reconciling
expenditures and payments, other than those made under a
fee-for-service
arrangement, for the prior contract year when a
contract is not renewed and shall reconcile expenditures and
payments in accordance with these procedures.
(E) A provider or an entity with which the board has
entered
into a shared funding agreement may appeal a negotiated
contract
or proposed shared funding rate to the county board
using the
procedures established by the board under section
5126.42 of the
Revised Code.
Sec. 5126.47. A county board of mental retardation and
developmental disabilities that has adopted a resolution under
section 5126.40 of the Revised Code may, pursuant to a resolution
adopted by an affirmative vote of the majority of its members,
establish, by agreement with one or more other county boards of
mental retardation and developmental disabilities, a residential
services consortium to jointly provide residential services and
supported living. The agreement shall designate one board to
assume the fiscal responsibilities for the consortium. The
county
auditor of the designated county shall establish a
community
mental retardation and developmental disabilities
residential
services fund for the consortium. Each board that is
a member of
the consortium shall cause to be deposited in the
fund all moneys
distributed to it by the department of mental
retardation and
developmental disabilities under section 5126.44
of the Revised
Code and any other state or federal money received
for community
residential services the county board has agreed to
contribute to
the consortium.
Sec. 5139.43. (A) The
department of youth services shall
operate a felony delinquent
care and custody program that shall be
operated in accordance with the formula
developed pursuant to
section 5139.41 of the Revised
Code, subject to the conditions
specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed
to
it by the department of youth services pursuant to division
(B) of
section 5139.41 of the Revised Code in accordance with the
applicable provisions of
division (B)(2) of this section and shall
transmit the moneys to the county
treasurer for deposit in
accordance with this division. The county treasurer
shall create
in the county treasury a fund that shall be
known as the felony
delinquent care and custody fund and shall
deposit in that fund
the moneys disbursed to the juvenile
court pursuant to division
(B) of section 5139.41 of the Revised Code. The county treasurer
also
shall deposit into that fund the
state subsidy funds granted
to the county pursuant to section
5139.34 of the Revised Code. The
moneys
disbursed to the juvenile court pursuant to division
(B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled
with any other county funds except state subsidy
funds granted to the
county pursuant to section 5139.34 of the
Revised Code; shall not be used for any capital
construction
projects; upon an
order of the juvenile court and subject to
appropriation by the
board of county commissioners, shall be
disbursed to the juvenile
court for use in accordance with the
applicable provisions of division
(B)(2) of this section;
shall
not revert to the county general fund at the end of any
fiscal
year; and shall carry over in the felony delinquent care and
custody
fund from the end of any fiscal year to the next fiscal
year. At the end of each fiscal year, beginning June 30, 2008, the
balance in the felony delinquent care and custody fund in any
county shall not exceed the total moneys allocated to the county
pursuant to sections 5139.34 and 5139.41 of the Revised Code
during the previous fiscal year, unless that county has applied
for and been granted an exemption by the director of youth
services. The department shall withhold from future payments to a
county an amount equal to any moneys in the felony delinquent care
and custody fund of the county that exceed the total moneys
allocated pursuant to those sections to the county during the
preceding fiscal year and shall reallocate the withheld amount.
The department shall adopt rules for the withholding and
reallocation of moneys disbursed under sections 5139.34 and
5139.41 of the Revised Code and for the criteria and process for a
county to obtain an exemption from the withholding requirement.
The moneys
disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code and deposited pursuant
to this
division in the felony delinquent care and custody fund
shall be in
addition to, and shall not be used to reduce,
any
usual annual increase in county funding that the juvenile
court is
eligible to receive or the current level of county
funding of the
juvenile court and of any programs or services for
delinquent
children, unruly children, or juvenile traffic
offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody
fund in
accordance with rules that the department of youth
services adopts pursuant to
division (D) of section 5139.04 of the
Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code shall be used to aid in
the support of prevention, early
intervention, diversion,
treatment, and rehabilitation programs
that are provided for
alleged or adjudicated unruly children or
delinquent children or
for children who are at risk of becoming
unruly
children or delinquent children. The county shall not use
for
capital improvements more than fifteen per cent of
the moneys
in the fund that represent the applicable annual grant of those
state subsidy
funds.
(ii) The moneys in the fund that
were disbursed to the
juvenile court pursuant to division
(B) of section 5139.41 of the
Revised Code and deposited pursuant to division
(B)(1) of this
section in the
fund shall be used to
provide programs and services
for the training,
treatment, or rehabilitation of felony
delinquents that are
alternatives to their commitment to the
department, including,
but not limited to, community residential
programs, day treatment
centers, services within the home, and
electronic monitoring, and shall be
used in connection with
training,
treatment, rehabilitation, early intervention, or other
programs or services
for any delinquent child, unruly child, or
juvenile traffic
offender who is under the jurisdiction of the
juvenile court.
The
fund also may be used for prevention, early
intervention,
diversion, treatment, and rehabilitation programs
that are
provided for alleged or adjudicated unruly children,
delinquent
children, or juvenile traffic offenders or for
children who are at
risk of becoming unruly
children, delinquent children, or juvenile
traffic
offenders. Consistent with
division (B)(1) of this
section, a county and the juvenile court of a county shall not
use
any of those moneys for capital construction
projects.
(iii) The county and the juvenile
court that serves the
county may not use moneys in the fund for
the provision of care
and services for children, including, but
not limited to, care and
services in a detention facility, in
another facility, or in
out-of-home placement, unless the
minimum standards that apply to
the care and services and that
the department prescribes in rules
adopted pursuant to division
(D) of section 5139.04 of the
Revised
Code have been satisfied.
(b) Each juvenile court shall comply with division (B)(3)(d)
of this section
as implemented by the department.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised
Code,
each juvenile
court and the county served by that juvenile court
shall do all of the
following that apply:
(a) The juvenile court shall prepare an annual grant
agreement
and application for funding that satisfies the
requirements of
this section and section 5139.34 of the
Revised
Code and that pertains to the use,
upon an order of the juvenile
court and subject to appropriation
by the board of county
commissioners, of the moneys in its felony
delinquent care and
custody fund for specified programs,
care, and services as
described in division (B)(2)(a) of this
section, shall submit that
agreement and
application to the county family and children first
council, the
regional family and children first council, or the
local
intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised
Code, whichever is
applicable,
and shall file that agreement and application with the
department for its approval. The annual grant agreement
and
application for funding shall include a method of ensuring equal
access for minority
youth to the programs, care, and services
specified in
it.
The department may approve an annual grant agreement
and
application for funding only if the juvenile court involved
has
complied with the preparation, submission, and filing
requirements
described in division
(B)(3)(a)
of this section. If the juvenile
court complies with those
requirements and the department approves
that agreement
and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code only in accordance with
division (B)(2)(a)
of this section,
the rules
pertaining to state subsidy funds that the department
adopts
pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each
year, the
juvenile court shall file with the department a report
that
contains all of the statistical and other
information for each
month of the prior state fiscal
year. If the juvenile court
fails
to file the report required by division
(B)(3)(b)
of this section
by the thirty-first day of
August of any year, the
department
shall not disburse any payment of state subsidy funds
to which the
county otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to division (B) of
section 5139.41 of the Revised Code the
applicable allocation
until the juvenile
court fully complies with division
(B)(3)(b)
of
this section.
(c) If the department requires the juvenile court to
prepare
monthly statistical reports and to submit the reports on forms
provided
by the department, the juvenile court shall file those
reports with the
department on the forms so provided. If the
juvenile court
fails to prepare and submit those monthly
statistical reports within the
department's timelines, the
department shall not disburse any
payment of state subsidy funds
to which the county
otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to
division (B) of section 5139.41 of the Revised Code the applicable
allocation
until the juvenile court fully complies with division
(B)(3)(c) of this section.
If the juvenile court fails to prepare
and submit those monthly
statistical reports within one hundred
eighty days of the date the
department establishes for their
submission, the department shall not
disburse any payment of state
subsidy funds to which the county
otherwise is entitled pursuant
to section 5139.34 of the Revised
Code and shall not disburse
pursuant to
division (B)
of section 5139.41 of the Revised Code
the applicable allocation, and the state subsidy
funds
and the
remainder of
the applicable allocation shall revert to the
department. If a
juvenile court states in a monthly
statistical
report that the juvenile court adjudicated within a state fiscal
year five
hundred or more children to be delinquent children for
committing
acts that would be felonies if committed by adults and
if the department
determines that the data in the report may be
inaccurate, the juvenile
court shall have an independent auditor
or other qualified entity certify the
accuracy of
the data on a
date determined by the department.
(d) If the department requires the juvenile court and the
county to
participate in a fiscal monitoring program or
another
monitoring program that is conducted by the
department to ensure
compliance by the juvenile court and
the county with division (B)
of this section, the juvenile court and
the county shall
participate in the
program and fully comply with any guidelines
for the performance of audits
adopted by the department pursuant
to that program and all requests made by
the department pursuant
to that program for information necessary to reconcile
fiscal
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program
described in this
division
determines that the juvenile court or the county used
moneys in the county's
felony delinquent care and custody
fund for
expenses that are not authorized under division
(B) of this
section, within
forty-five days after the department notifies the
county of the
unauthorized expenditures, the county either shall
repay the amount of
the unauthorized expenditures from the county
general revenue fund to the state's general revenue
fund or shall
file a written appeal with the department. If an appeal is
timely
filed, the director of the department shall render a
decision on
the appeal and shall notify the appellant county or
its juvenile
court of that decision within forty-five days after
the date that
the appeal is filed. If the director denies an
appeal, the
county's fiscal agent shall repay the amount of the
unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund
within thirty days after receiving the
director's notification
of the appeal decision. If the county
fails to make the repayment within
that
thirty-day period
and if
the unauthorized expenditures pertain to moneys allocated under
sections 5139.41 to 5139.43 of the
Revised Code, the department
shall deduct the amount of
the
unauthorized expenditures from the
next
allocation of those moneys to the county in accordance
with
this section or from the
allocations that otherwise
would be made
under those sections to the county during the next state fiscal
year
in accordance with this section and shall return that
deducted
amount to the state's general revenue fund. If the county
fails
to make the repayment within that thirty-day period and if
the
unauthorized expenditures pertain to moneys granted pursuant
to
section 5139.34 of the Revised
Code, the department shall
deduct the amount of the unauthorized expenditures from the next
annual grant to the county pursuant to that section and shall
return that deducted amount to the state's general revenue
fund.
(C) The determination of which county a reduction of the
care and custody allocation will be charged against for a
particular youth
shall be made as outlined
below for all youths
who do not qualify as public safety beds.
The determination of
which county a reduction of the care
and custody allocation will
be charged against shall be made as
follows until each youth is
released:
(1) In the event of a commitment, the reduction shall be
charged
against the committing county.
(2) In the event of a recommitment, the reduction shall be
charged
against the original committing county until the
expiration of the
minimum period of institutionalization under the
original order of
commitment or until the date on which the youth
is admitted to the
department of youth services pursuant to the
order of
recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the
reduction
shall be charged against the county
that revokes the
youth's parole.
(D) A juvenile court is not precluded by its allocation
amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services
for care and custody in an institution or a community corrections
facility when the juvenile court determines that the commitment is
appropriate.
Sec. 5302.221. (A) As used in this section:
"Estate" has the same meaning as in section 5111.11 of the
Revised Code.
"Medicaid estate recovery program" means the program
instituted under section 5111.11 of the Revised Code.
(B) The administrator of the medicaid estate recovery program
shall prescribe a form on which a beneficiary of a transfer on
death deed as provided in section 5302.22 of the Revised Code, who
survives the deceased owner of the real property or an interest in
the real property or that is in existence on the date of death of
the deceased owner, or such a beneficiary's representative is to
indicate both of the following:
(1) Whether the deceased owner was either of the following:
(a) A decedent subject to the medicaid estate recovery
program;
(b) The spouse of a decedent subject to the medicaid estate
recovery program.
(2) Whether the real property or interest in the real
property was part of the estate of a decedent subject to the
medicaid estate recovery program.
(C) A county recorder shall obtain a properly completed form
prescribed under division (B) of this section from the beneficiary
of a transfer on death deed or the beneficiary's representative
and send a copy of the form to the administrator of the medicaid
estate recovery program before recording the transfer of the real
property or interest in the real property under division (C) of
section 5302.22 of the Revised Code.
Sec. 5309.082. (A) As used in this section:
"Estate" has the same meaning as in section 5111.11 of the
Revised Code.
"Medicaid estate recovery program" means the program
instituted under section 5111.11 of the Revised Code.
(B) The administrator of the medicaid estate recovery program
shall prescribe a form on which a surviving tenant under a
survivorship tenancy or such a surviving tenant's representative
is to indicate both of the following:
(1) Whether the deceased survivorship tenant was either of
the following:
(a) A decedent subject to the medicaid estate recovery
program;
(b) The spouse of a decedent subject to the medicaid estate
recovery program.
(2) Whether the registered land under a survivorship tenancy
was part of the estate of a decedent subject to the medicaid
estate recovery program.
(C) A county recorder shall obtain a properly completed form
prescribed under division (B) of this section from the surviving
tenant under a survivorship tenancy or the surviving tenant's
representative and send a copy of the form to the administrator of
the medicaid estate recovery program before registering the title
in the surviving tenants under section 5309.081 of the Revised
Code.
Sec. 5323.01. As used in this chapter:
(A) "Hotel" has the same meaning as in section 3731.01 of the
Revised Code.
(B) "Manufactured home" has the same meaning as in section
3781.06 of the Revised Code.
(C) "Mobile home" and "recreational vehicle" have the same
meanings as in section 4501.01 of the Revised Code.
(D) "Political subdivision" means a county, that has a
population of more than two hundred thousand according to the most
recent decennial census or a township, municipal corporation, or
other body corporate and politic that is located in a county that
has a population of more than two hundred thousand according to
the most recent decennial census and is responsible for government
activities in a geographic area smaller than that of the state.
(E)
"Residential rental property" means real property that is
located in a county that has a population of more than two hundred
thousand according to the most recent decennial census and on
which is located one or more dwelling units leased or otherwise
rented to tenants solely for residential purposes, or a mobile
home park or other permanent or semipermanent site at which lots
are leased or otherwise rented to tenants for the parking of a
manufactured home, mobile home, or recreational vehicle that is
used solely for residential purposes. "Residential rental
property" does not include a hotel or a college or university
dormitory.
Sec. 5323.02. (A) An owner of residential rental property
shall file with the county auditor of the county in which the
property is located the following information:
(1) The name, address, and telephone number of the owner;
(2) If the residential rental property is owned by a trust,
business trust, estate, partnership, limited partnership, limited
liability company, association, corporation, or any other business
entity, the name, address, and telephone number of the following:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an estate;
(c) A general partner, in the case of a partnership or a
limited partnership;
(d) A member, manager, or officer, in the case of a limited
liability company;
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any other
business entity.
(3) The street address and permanent parcel number of the
residential rental property;
(4) If the residential rental property has dwelling units
that are leased or otherwise rented to tenants, the year the units
were built.
(B) The information required under division (A) of this
section shall be filed and maintained in a manner to be determined
by the county auditor on the tax list or the real property record.
(C) An owner of residential rental property shall update the
information required under division (A) of this section within ten
sixty days after any change in the information occurs.
(D) The county auditor shall provide an owner of residential
rental property located in a county that has a population of more
than two hundred thousand according to the most recent decennial
census with notice pursuant to division (B) of section 323.131 of
the Revised Code of the requirement to file the information
required under division (A) of this section and the requirement to
update that information under division (C) of this section.
(E) The owner of residential real property shall comply with
the requirements under divisions (A) and (C) of this section
within sixty days after receiving the notice provided under
division (D) of this section, division (D) of section 319.202, or
division (B) of section 323.131 of the Revised Code.
Sec. 5323.99. No owner of residential rental property shall
fail to comply with the filing or updating of information
requirements of section 5323.02 of the Revised Code or shall fail
to satisfy the designation of agent requirement or the filing of
the appropriate designation of agent document requirement of
section 5323.03 of the Revised Code. Whoever violates this section
is guilty of a minor misdemeanor The county auditor may impose
upon any person who violates this section a special assessment on
the residential rental property that is the subject of the
violation that is not less than fifty dollars or more than one
hundred fifty dollars. Such special
assessment may be appealed to
the county board of revision.
Sec. 5528.54. (A) The commissioners of the sinking fund are
authorized to issue and sell, as provided in this section and in
amounts from
time to time authorized by the general assembly,
general obligations of this
state for the purpose of financing or
assisting in the financing of the costs
of projects. The full
faith and credit, revenues, and taxing power of the
state are and
shall be pledged to the timely payment of bond service charges
on
outstanding obligations, all in accordance with Section 2m of
Article VIII,
Ohio Constitution, and sections 5528.51 to 5528.53
of the Revised Code, and so long as such obligations are
outstanding there
shall be levied and collected excises, taxes,
and other revenues in amounts
sufficient to pay the bond service
charges on such obligations and costs
relating to credit
enhancement facilities.
(B) Not more than two hundred twenty million dollars
principal amount
of obligations, plus the principal amount of
obligations that in any prior
fiscal years could have been, but
were not issued within that
two-hundred-twenty-million-dollar
fiscal year limit, may be issued in any
fiscal year, and not more
that
than one billion two hundred million dollars
principal amount
of
obligations may be outstanding at any one time, all
determined
as
provided in sections 5528.51 to 5528.53
of the Revised
Code.
(C) The state may participate in financing projects by
grants,
loans, or contributions to local government entities.
(D) Each issue of obligations shall be authorized by
resolution
of the commissioners. The bond proceedings shall
provide for the principal
amount or maximum principal amount of
obligations of an issue, and shall
provide for or authorize the
manner for determining the principal maturity or
maturities, not
exceeding the earlier of thirty years from the date of
issuance of
the particular obligations or thirty years from the date the debt
represented by the particular obligations was originally
contracted, the
interest rate or rates, the date of and the dates
of payment of interest on
the
obligations, their denominations,
and the establishment within or outside the
state of a place or
places of payment of bond service charges. Sections 9.96,
9.98,
9.981, 9.982, and 9.983 of the Revised
Code are applicable to the
obligations. The
purpose of the obligations may be stated in the
bond proceedings as
"financing
or assisting in the financing of
highway capital improvement projects as
provided in Section 2m of
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any
portion
to be deposited into special funds, or into escrow
funds for the
purpose
of refunding outstanding obligations, all as may be
provided in the bond
proceedings, shall be deposited into the
highway capital improvement fund
established by section 5528.53 of
the Revised Code.
(F) The commissioners may appoint or provide for the
appointment of
paying agents, bond registrars,
securities
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract
for the
services of marketing, remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing services, as are
necessary in the
judgment of the commissioners to carry out sections 5528.51
to
5528.53 of the Revised Code. Financing costs are
payable, as
provided in
the bond proceedings, from the proceeds of the
obligations, from special
funds, or from other moneys available
for the purpose.
(G) The bond proceedings, including any trust agreement, may
contain additional provisions customary or appropriate to the
financing or to
the obligations or to particular obligations
including, but not limited
to:
(1) The redemption of obligations prior to maturity at the
option of the
state or of the holder or upon the occurrence of
certain conditions at such
price or prices and under such terms
and conditions as are provided in the bond
proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of special
funds, and the safeguarding of moneys on hand or on
deposit, in lieu of
otherwise applicable provisions of Chapter
131. or 135. of the Revised
Code, but subject to any special
provisions of
this section with respect to particular funds or
moneys, and provided that any
bank or trust company that acts as a
depository of any moneys in special funds
may furnish such
indemnifying bonds or may pledge such securities as required
by
the commissioners;
(4) Any or every provision of the bond proceedings binding
upon the
commissioners and such state agency or local government
entities, officer,
board, commission, authority, agency,
department, or other person or body as
may from time to time have
the authority under law to take such actions as may
be necessary
to perform all or any part of the duty required by such
provision;
(5) The maintenance of each pledge, any trust agreement, or
other
instrument composing part of the bond proceedings until the
state has fully
paid or provided for the payment of the bond
service charges on the obligations
or met other stated conditions;
(6) In the event of default in any payments required to be
made by the
bond proceedings, or any other agreement of the
commissioners made as part of a
contract under which the
obligations were issued or secured, the enforcement of
such
payments or agreements by mandamus, suit in equity, action at law,
or any
combination of the foregoing;
(7) The rights and remedies of the holders of obligations
and
of the
trustee under any trust agreement, and provisions for
protecting and enforcing
them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become mutilated
or are
destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other
provision for payment of obligations that will
then no longer be outstanding
for purposes of sections 5528.51 to
5528.56 of the Revised Code or of the bond
proceedings;
(10) Any provision that may be made in bond proceedings or a
trust
agreement, including provision for amendment of the bond
proceedings;
(11) Any other or additional agreements with the holders of
the
obligations relating to any of the foregoing;
(12) Such other provisions as the commissioners determine,
including
limitations, conditions, or qualifications relating to
any of the
foregoing.
(H) The great seal of the state or a facsimile of that seal
may
be affixed to or printed on the obligations. The obligations
requiring
signatures by the commissioners shall be signed by or
bear the facsimile
signatures of two or more of the commissioners
as provided in the bond
proceedings. Any obligations may be
signed
by the person who, on the date of
execution, is the
authorized
signer although on the date of such obligations
such
person was
not a commissioner. In case the individual whose
signature or
a
facsimile of whose signature appears on any
obligation ceases to
be a
commissioner before delivery of the
obligation, such
signature or facsimile is
nevertheless valid and
sufficient for
all purposes as if that individual had
remained the
member until
such delivery, and in case the seal to be affixed to
or printed on
obligations has been changed after the seal has been
affixed to
or
a facsimile of the seal has been printed on the
obligations, that
seal or
facsimile seal shall continue to be
sufficient as to those
obligations and
obligations issued in
substitution or exchange
therefor.
(I) The obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to the
provisions
of the bond
proceedings as to registration.
Obligations may be
issued in coupon or in
fully registered form,
or both, as the
commissioners determine. Provision may
be made
for the
registration of any obligations with coupons attached as
to
principal alone or as to both principal and interest, their
exchange for
obligations so registered, and for the conversion or
reconversion into
obligations with coupons attached of any
obligations registered as to both
principal and interest, and for
reasonable charges for such registration,
exchange, conversion,
and reconversion. Pending preparation of definitive
obligations,
the commissioners may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) Obligations may be sold at public sale or at private
sale,
and at such price at, above, or below par, as determined by
the
commissioners
in the bond proceedings.
(K) In the discretion of the commissioners, obligations may
be
secured additionally by a trust agreement between the state and
a corporate
trustee which may be any trust company or bank having
its principal a place of
business within the state. Any trust
agreement may contain the resolution
authorizing the issuance of
the obligations, any provisions that may be
contained in the bond
proceedings, and other provisions that are customary or
appropriate in an agreement of the type.
(L) Except to the extent that their rights are restricted by
the
bond proceedings, any holder of obligations, or a trustee
under the bond
proceedings may by any suitable form of legal
proceedings protect and enforce
any rights under the laws of this
state or granted by the bond proceedings.
Such rights include the
right to compel the performance of all duties of the
commissioners
and the state. Each duty of the commissioners and its
employees,
and of each state agency and local government entity and its
officers, members,
or employees, undertaken pursuant to the bond
proceedings, is hereby
established as a duty of the commissioners,
and of each such agency, local
government entity, officer, member,
or employee having authority to perform
such duty, specifically
enjoined by the law and resulting from an office,
trust, or
station within the meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the sinking
fund, or its
employees, are not liable in their personal
capacities on any obligations or
any agreements of or with the
commissioners relating to obligations or under
the bond
proceedings.
(M) Obligations are lawful investments for banks, societies
for
savings, savings and loan associations, deposit guarantee
associations, trust
companies, trustees, fiduciaries, insurance
companies, including domestic for
life and domestic not for life,
trustees or other officers having charge of
sinking and bond
retirement or other special funds of political subdivisions
and
taxing districts of this state, the commissioners of the sinking
fund, the
administrator of workers' compensation, subject to the
approval of the
workers' compensation board and the industrial
commission, the state teachers
retirement
system, the public
employees retirement system, the school employees
retirement
system, and the Ohio police and fire pension fund,
notwithstanding
any other provisions of the Revised Code
or rules adopted pursuant
thereto by any state agency with respect to
investments by them,
and are also acceptable as security for the deposit of
public
moneys.
(N) Unless otherwise provided in any applicable bond
proceedings,
moneys to the credit of or in the special funds
established by or pursuant to
this section may be invested by or
on behalf of the commissioners only in
notes, bonds, or other
direct obligations of the
United States
or of any agency or
instrumentality thereof, in obligations of this state or
any
political subdivision of this state, in certificates of deposit of
any
national bank located in this state and any bank, as defined
in section
1101.01 of the Revised Code, subject to inspection by
the
superintendent of financial institutions, in the
Ohio
subdivision's fund established pursuant to section 135.45 of the
Revised
Code, in no-front-end-load money market mutual
funds
consisting exclusively of direct obligations of the United
States
or of an agency or instrumentality thereof, and in repurchase
agreements, including those issued by any fiduciary, secured by
direct
obligations of the United States
or an agency or
instrumentality thereof, and in common trust funds established
in
accordance with section 1109.20 of the Revised Code
and consisting
exclusively of direct obligations of the
United States
or of an
agency or instrumentality thereof, notwithstanding division
(A)(4)
of that section. The income from
investments shall be credited to
such special funds or otherwise as the
commissioners determine in
the bond proceedings, and the investments may be
sold or exchanged
at such times as the commissioners determine or
authorize.
(O) Unless otherwise provided in any applicable bond
proceedings,
moneys to the credit of or in a special fund shall be
disbursed on the order
of the
commissioners, provided that no such
order is required for the payment from
the
bond service fund or
other special fund when due of bond service charges or
required
payments under credit enhancement facilities.
(P) The commissioners may covenant in the bond
proceedings,
and
any such covenants shall be controlling notwithstanding any
other provision of
law, that the state and the applicable officers
and agencies of the state,
including the general assembly, shall,
so long as any obligations are
outstanding in accordance with
their terms, maintain statutory authority for
and cause to be
charged and collected taxes, excises, and other receipts of
the
state so that the receipts to the bond service fund shall be
sufficient in
amounts to meet bond service charges and for the
establishment and maintenance
of any reserves and other
requirements, including payment of financing costs,
provided for
in the bond proceedings.
(Q) The obligations, and the transfer of, and the
interest,
interest equivalent, and other income and accreted amounts from,
including any
profit made on the sale, exchange, or other
disposition of, the obligations
shall at all times be free from
taxation, direct or indirect, within the
state.
(R) This section applies only with respect to obligations
issued
and delivered prior to September 30, 2000.
Sec. 5531.10. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any
one or more or combination
thereof, authorizing or providing for
the terms and conditions
applicable to, or providing for the
security or liquidity of,
obligations issued pursuant to this
section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state
infrastructure
bank revenue bond service fund created by division
(R) of
this
section including all moneys and investments, and
earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the
officer who by law performs the functions of the treasurer of
state.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means moneys accruing
to the state
from the lease, lease-purchase, sale, or other
disposition, or
use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any
gifts, grants, donations, and pledges, and receipts
therefrom,
available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such
charges. If the amounts in the state infrastructure bank are
insufficient for the payment of such charges, "pledged receipts"
also means moneys that are apportioned by the United States
secretary of transportation under United States Code, Title XXIII,
as amended, or any successor legislation, or under any other
federal law relating to aid for highways, and that are to be
received as a grant by the state, to the extent the state is not
prohibited by state or federal law from using such moneys and the
moneys are pledged to the payment of such bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond
service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and
investments, and
earnings from investment, credited and to be
credited thereto.
(8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not
limited to,
all components of any such project, as described in
division (D) of
section 5531.09 of the Revised Code.
(9) "District obligations" means bonds, notes, or other
evidence of obligation including interest coupons pertaining
thereto, issued to finance a qualified project by a transportation
improvement district created pursuant to section 5540.02 of the
Revised Code, of which the principal, including mandatory sinking
fund requirements for retirement of such obligations, and interest
and redemption premium, if any, are payable by the department of
transportation.
(B) The issuing authority, after giving written
notice to the
director of budget and management and upon the certification
by
the director of transportation to the issuing
authority of the
amount of moneys or additional moneys needed either for
state
infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be
used under section 5531.09 of the Revised Code,
or needed for
capitalized
interest, funding reserves, and paying costs and
expenses
incurred in connection with the issuance, carrying,
securing,
paying, redeeming, or retirement of the obligations or
any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of
which are authorized by this section, shall issue obligations of
the state
under this section in the
required amount. The proceeds
of such obligations, except for the
portion to be deposited in
special funds, including reserve
funds, as may be provided in the
bond proceedings, shall as
provided in the bond proceedings be
credited to the infrastructure bank
obligations fund of the state
infrastructure
bank created by section 5531.09
of the Revised Code
and disbursed as provided in the bond proceedings for such
obligations. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain
the services of financial
advisors, accounting experts, and
attorneys, and retain or
contract for the services of marketing,
remarketing, indexing,
and administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
issuing authority's judgment to
carry out this section. The
costs of such services are payable
from funds of the
state infrastructure bank.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation by the state of
Ohio
obligated or pledged, and moneys so raised shall not
be obligated
or pledged,
for the payment of bond service charges. The right of
such holders
and owners to the payment of bond service charges is
limited to all
or that portion of the pledged receipts and those
special funds
pledged thereto pursuant to the bond proceedings for
such obligations
in accordance
with this section, and each such
obligation shall bear on its
face a statement to that effect.
Moneys received as repayment of loans made by the state
infrastructure bank pursuant to section 5531.09 of the Revised
Code shall not be considered moneys raised by taxation by the
state of Ohio regardless of the source of the moneys.
(D) Obligations shall be authorized by order
of the issuing
authority and the bond proceedings shall provide
for the purpose
thereof and the principal amount or amounts, and
shall provide for
or authorize the manner or agency for
determining the principal
maturity or maturities, not exceeding
twenty-five years from the
date of issuance, the interest rate or
rates or the maximum
interest rate, the date of the obligations
and the dates of
payment of interest thereon, their denomination,
and the
establishment within or without the state of a place or
places of
payment of bond service charges. Sections 9.98 to
9.983 of the
Revised Code are applicable to obligations issued
under this
section. The purpose of such
obligations may be stated in the bond
proceedings in terms
describing the general purpose or purposes to
be served. The
bond proceedings also shall provide, subject to the
provisions of
any other applicable bond proceedings, for the
pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund
or funds to the payment
of bond service charges, which pledges may
be made either prior
or subordinate to other expenses, claims, or
payments, and may be
made to secure the obligations on a parity
with obligations
theretofore or thereafter issued, if and to the
extent provided
in the bond proceedings. The pledged receipts and
special funds
so pledged and thereafter received by the state
immediately
are subject to the lien of such pledge without any
physical delivery
thereof or further act, and the lien of any such
pledges is valid
and binding against all parties having claims of
any kind against
the state or any governmental agency of the
state, irrespective
of whether such parties have notice thereof,
and shall create a
perfected security interest for all purposes of
Chapter 1309. of the Revised
Code, without the necessity for
separation or
delivery of funds or for the filing or recording of
the bond
proceedings by which such pledge is created or any
certificate,
statement, or other document with respect thereto;
and the pledge
of such pledged receipts and special funds is
effective and the
money therefrom and thereof may be applied to
the purposes for
which pledged without necessity for any act of
appropriation.
Every pledge, and every covenant and agreement
made with respect
thereto, made in the bond proceedings may
therein be extended to
the benefit of the owners and holders of
obligations authorized
by this section, and to any trustee
therefor, for the further
security of the payment of the bond
service charges.
(E) The bond proceedings may contain additional provisions
as
to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for
qualified projects under section
5531.09 of the Revised Code.
(F) The obligations may have the great seal of the state
or a
facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. In case the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile nevertheless is valid
and sufficient
for all purposes as if the former issuing
authority had remained
the issuing
authority until such delivery; and in case the seal to
be affixed
to obligations has been changed after a facsimile of
the seal has
been imprinted on such obligations, such facsimile
seal shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to
the provisions
of the bond proceedings as to registration. The
obligations may be
issued in coupon or in registered form, or
both, as the issuing
authority determines. Provision may be made
for the registration
of any obligations with coupons attached
thereto as to principal
alone or as to both principal and
interest, their exchange for
obligations so registered, and for
the conversion or reconversion
into obligations with coupons
attached thereto of any obligations
registered as to both
principal and interest, and for reasonable
charges for such
registration, exchange, conversion, and
reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal a place
of business
within the state. Any such agreement or indenture
may contain the
order authorizing the issuance of
the obligations, any provisions
that may be contained in any bond
proceedings, and other
provisions which are customary or
appropriate in an agreement or
indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and
of the trustee, and provisions for protecting and enforcing
them,
including limitations on the rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's
rights are restricted
by the bond proceedings, may by any suitable
form of legal
proceedings, protect and enforce any rights under
the laws of
this state or granted by such bond proceedings. Such
rights
include the right to compel the performance of all duties
of the
issuing authority and the director of transportation
required by the bond
proceedings or sections 5531.09 and 5531.10
of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service
charges
on any obligations or in the performance of any covenant
or
agreement on the part of the issuing authority or the director
of
transportation in the bond
proceedings, to apply to a court
having jurisdiction of the cause
to appoint a receiver to receive
and administer the pledged
receipts and special funds, other than
those in the custody of
the treasurer of state, which are pledged
to the payment of the
bond service charges on such obligations or
which are the subject
of the covenant or agreement, with full
power to pay, and to
provide for payment of bond service charges
on, such obligations,
and with such powers, subject to the
direction of the court, as
are accorded receivers in general
equity cases, excluding any
power to pledge additional revenues or
receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such
principal and
interest and excluding the power to take possession
of, mortgage,
or cause the sale or otherwise dispose of any
project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees,
undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement
made under authority of section
5531.09 of the Revised Code, and
in every agreement by
or with the issuing authority,
is hereby
established as a duty of the issuing authority, and of
each such
officer, member, or employee having authority to
perform such
duty, specifically enjoined by the law resulting
from an office,
trust, or station within the meaning of section
2731.01 of the
Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations
for the refunding, including funding and retirement,
and advance
refunding with or without payment or redemption prior
to maturity,
of any obligations previously issued by the issuing
authority or
district obligations. Such refunding obligations may be issued in
amounts sufficient
for payment of the principal amount of the
prior obligations or district obligations, any
redemption premiums
thereon, principal maturities of any such
obligations or district
obligations maturing prior to the redemption of the remaining
obligations or district obligations on a parity therewith,
interest accrued or to accrue
to the maturity dates or dates of
redemption of such obligations or district obligations,
and any
expenses incurred or to be
incurred in connection with such
issuance and such refunding,
funding, and retirement. Subject to
the bond proceedings
therefor, the portion of proceeds of the sale
of refunding obligations
issued under this division to be applied
to bond service charges
on the prior obligations or district
obligations shall be credited to an appropriate
account held by
the trustee for such prior or new obligations or
to the
appropriate account in the bond service fund for such
obligations
or district obligations. Obligations authorized under this
division shall be
deemed to be issued for those purposes for which
such prior
obligations or district obligations were issued and are
subject to the provisions of this
section pertaining to other
obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall
not be later
than twenty-five years from the date of issuance of
the original securities
issued for the original purpose.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to
the payment of the bonds anticipated, or from the proceeds of
such
bonds or renewal notes, or both, as the issuing authority
provides
in the order authorizing such notes. Such
notes may be
additionally secured by covenants of the issuing
authority to the
effect that the issuing authority and the state
will do such or
all things necessary for the issuance of such
bonds or renewal
notes in the appropriate amount, and apply the
proceeds thereof to
the extent necessary, to make full payment of
the principal of and
interest on such notes at the time or times
contemplated, as
provided in such order. For such
purpose, the issuing authority
may issue bonds or renewal notes
in such principal amount and upon
such terms as may be necessary
to provide funds to pay when
required the principal of and
interest on such notes,
notwithstanding any limitations
prescribed by or for purposes of
this section. Subject to this
division, all provisions for and
references to obligations in
this section are applicable to notes
authorized under this
division.
The issuing authority in the bond proceedings authorizing
the
issuance of bond anticipation notes shall set forth for such
bonds
an estimated interest rate and a schedule of principal
payments
for such bonds and the annual maturity dates thereof.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation, the state teachers retirement
system,
the public employees retirement system, the school
employees
retirement system, and the Ohio police and
fire pension fund,
notwithstanding any other
provisions
of the Revised Code or rules
adopted pursuant thereto by any
agency of the state with respect
to investments by
them, and are also acceptable as security for
the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to
principal and interest by the United States,
obligations of this
state or
any political subdivision of this state, and certificates
of deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of financial institutions. If
the law
or the instrument
creating a trust pursuant to division
(J) of this section
expressly permits investment in direct
obligations of the United
States or an agency of the United
States, unless
expressly prohibited by the
instrument, such moneys
also may be invested in no-front-end-load
money market mutual
funds consisting exclusively of obligations
of the United States
or an agency of the United
States and in repurchase
agreements,
including those issued by the fiduciary itself,
secured by
obligations of the United States or an agency of
the United
States;
and in collective
investment funds as defined in division
(A) of section
1111.01 of the Revised Code and consisting
exclusively
of any
such securities.
The income from such
investments shall be credited to such funds
as the issuing
authority determines, and such investments may be
sold at such
times as the issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(2) An action taken under division
(Q)(2) of this section
does not limit the
generality of division (Q)(1) of this section,
and is subject to
division (C) of this section and, if and to the
extent otherwise
applicable, Section 13 of Article VIII,
Ohio
Constitution. The bond proceedings may contain a
covenant that, in
the event the pledged
receipts primarily pledged and required to
be used for the payment of bond
service charges on obligations
issued under this section, and for the
establishment and
maintenance of any reserves, as provided in the bond
proceedings,
are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so
notify the
governor, and shall determine to what extent, if any,
the payment may be made
or moneys may be restored to the reserves
from lawfully available moneys
previously appropriated for that
purpose to the department of transportation.
The covenant also
may
provide that if the payments are not made or the moneys are
not immediately
and
fully restored to the reserves from such
moneys, the director shall
promptly submit to the governor and to
the director of budget and management a
written request for either
or both of the following:
(a) That the next biennial budget submitted by the governor
to
the general assembly include an amount to be appropriated from
lawfully
available
moneys to the department for the purpose of and
sufficient for the payment in
full of bond service charges
previously due and for the full
replenishment of the reserves;
(b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department
in the current biennium sufficient for the purpose of and for
the
payment in full of bond service charges previously due and to come
due in
the biennium and for the full replenishment of the
reserves.
The director of transportation shall include with such
requests a
recommendation that the
payment of the bond service
charges and the replenishment of the reserves be
made in the
interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate
the state
to
pay the bond service charges on such bonds or notes
or to deposit moneys
in a reserve established for such payments
other than from moneys that may be
lawfully available and
appropriated for that purpose during the then-current
biennium.
(R) There is hereby created the state infrastructure bank
revenue
bond service fund, which shall be in the custody of the
treasurer of
state but shall not be a part of the
state treasury.
All moneys received by or on account of the
issuing authority or
state agencies and required by the
applicable bond proceedings,
consistent with this section, to be
deposited, transferred, or
credited to the bond service fund, and all
other moneys
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the
bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service
fund is a trust fund and is
hereby pledged to the payment of bond
service charges to the
extent provided in the applicable bond
proceedings, and payment
thereof from such fund shall be made or
provided for by the
treasurer of state in accordance with such
bond proceedings
without necessity for any act of appropriation.
(S) The obligations issued pursuant to this section, the
transfer
thereof, and the income therefrom, including any profit
made on the sale
thereof, shall at all times be free from taxation
within this state.
Sec. 5533.531. The road known as state route one hundred
eighteen, commencing at the southernmost boundary of the municipal
corporation of St. Henry and extending southward to the
intersection of that state route and state route forty-seven,
shall be known as "Earl Baltes Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5533.632. The road known as state route number two,
running in an easterly and westerly direction, within the
municipal corporation of Willoughby only, shall be known as the
"Brian Montgomery Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5533.91. That part of the road known as state route
number forty-four, located within Lake county and commencing at
the intersection of that state route and state route number two
and extending in a northerly direction and ending at headlands
beach state park, shall be known as the "LCpl Andy Nowacki
Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5537.04. (A) The Ohio turnpike commission may do any
of
the following:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Adopt an official seal, which shall not be the great
seal
of the state and which need not be in compliance with
section 5.10
of the Revised Code;
(3) Maintain a principal office and suboffices at such
places
within the state as it designates;
(4) Sue and be sued in its own name, plead and be
impleaded,
provided any actions against the commission shall be
brought in
the court of common pleas of the county in which the
principal
office of the commission is located, or in the court of
common
pleas of the county in which the cause of action arose if
that
county is located within this state, and all summonses,
exceptions, and notices of every kind shall be served on the
commission by leaving a copy thereof at its principal office with
the secretary-treasurer or executive director of the commission;
(5) Construct, maintain, repair, police, and operate the
turnpike system, and establish rules for the use of any turnpike
project;
(6) Issue revenue bonds of the state, payable solely from
pledged revenues, as provided in this chapter, for the purpose of
paying any part of the cost of constructing any one or more
turnpike projects;
(7) Fix, and revise from time to time, and charge and
collect
tolls;
(8) Acquire, hold, and dispose of property in the exercise
of
its powers and the performance of its duties under this
chapter;
(9) Designate the locations and establish, limit, and
control
such points of ingress to and egress from each turnpike
project as
are necessary or desirable in the judgment of the
commission and
of the director of transportation to ensure the
proper operation
and maintenance of that project, and prohibit
entrance to such a
project from any point not so designated;
(10) Make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this chapter, including
participation in a multi-jurisdiction electronic toll collection
agreement and collection or remittance of tolls, fees, or other
charges to or from entities or agencies that participate in such
an agreement;
(11) Employ or retain or contract for the services of
consulting engineers, superintendents, managers, and any other
engineers, construction and accounting experts, financial
advisers, trustees, marketing, remarketing, and administrative
agents, attorneys, and other employees, independent contractors,
or agents that are necessary in its judgment and fix their
compensation, provided all such expenses shall be payable solely
from the proceeds of bonds or from revenues of the Ohio turnpike
system;
(12) Receive and accept from any federal agency, subject
to
the approval of the governor, and from any other governmental
agency grants for or in aid of the construction, reconstruction,
repair, renovation, maintenance, or operation of any turnpike
project, and receive and accept aid or contributions from any
source or person of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for
which such grants and contributions are made;
(13) Provide coverage for its employees under Chapters
4123.
and 4141. of the Revised Code;
(14) Fix and revise by rule, from time to time, such permit
fees, processing fees, or administrative charges for the
prepayment, deferred payment, or nonpayment of tolls and use of
electronic tolling equipment or other commission property.
(B) The commission may do all acts necessary or proper to
carry out the powers expressly granted in this chapter.
Sec. 5537.16. (A) The Ohio turnpike commission may adopt
such bylaws and rules as it considers advisable for the control
and regulation of traffic on any turnpike project, for the
protection and preservation of property under its jurisdiction
and
control, and for the maintenance and preservation of good
order
within the property under its control, and for the purpose of
establishing owner or operator liability for failure to comply
with toll collection rules. The rules of the
commission with
respect to the speed, use of special engine brakes, axle loads,
vehicle loads,
and vehicle dimensions of vehicles on turnpike
projects, including the issuance of a special permit by the
commission to allow the operation on any turnpike project of a
motor vehicle transporting two or fewer steel coils, shall
apply
notwithstanding sections 4511.21 to 4511.24, 4513.34, and
Chapter
5577. of the Revised Code. Such bylaws and rules shall
be
published in a newspaper of general circulation in Franklin
county, and in such other manner as the commission prescribes.
(B) Such rules shall provide that public police officers
shall be afforded ready access, while in the performance of their
official duty, to all property under the jurisdiction of the
commission and without the payment of tolls.
(C) No person shall violate any such bylaws or rules of
the
commission. All
(D)(1) All fines collected for the violation of
applicable
laws of the state and the bylaws and rules of the
commission or
moneys arising from bonds forfeited for such
violation shall be
disposed of in accordance with section 5503.04
of the Revised
Code.
(2) All fees or charges assessed by the commission against an
owner or operator of a vehicle as a civil violation for failure to
comply with toll collection rules shall be revenues of the
commission.
Sec. 5537.99. Whoever (A) Except as provided in division (B)
of this section, whoever violates division (C) of section 5537.16
of the Revised
Code is guilty of a minor misdemeanor on a first
offense; on each subsequent
offense such person is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates division (C) of section 5537.16 of the
Revised Code when the violation is a civil violation for failure
to comply with toll collection rules is subject to a fee or charge
established by the commission by rule.
Sec. 5703.058. Before January 1, 2008, the tax commissioner
and the treasurer of state shall consult and jointly adopt
policies and procedures for the processing of payments of taxes
administered by the tax commissioner such that payments are
deposited in or credited to the appropriate account or fund within
thirty days after receipt by the commissioner or treasurer. The
policies and procedures shall apply to all such payments received
on or after January 1, 2008. The policies and procedures are
supplemental to rules adopted by the treasurer of state under
section 113.08 of the Revised Code.
Sec. 5703.80. There is hereby created in the state treasury
the property tax administration fund. All money to the credit of
the fund shall be used to defray the costs incurred by the
department of taxation in administering the taxation of property
and the equalization of real property valuation.
Each fiscal year between the first and fifteenth days of
July, the tax commissioner shall compute the following amounts for
the property in each taxing district in each county, and certify
to the director of budget and management the sum of those amounts
for all taxing districts in all counties:
(A) For fiscal year 2006, thirty-three hundredths of one per
cent of the total amount by which taxes charged against real
property on the general tax list of real and public utility
property were reduced under section 319.302 of the Revised Code
for the preceding tax year;
(B) For fiscal year 2007 and thereafter, thirty-five
hundredths of one per cent of the total amount by which taxes
charged against real property on the general tax list of real and
public utility property were reduced under section 319.302 of the
Revised Code for the preceding tax year;
(C) For fiscal year 2006, one-half of one per cent of the
total amount of taxes charged and payable against public utility
personal property on the general tax list of real and public
utility property for the preceding tax year and of the total
amount of taxes charged and payable against tangible personal
property on the general tax list of personal property of the
preceding tax year and for which returns were filed with the tax
commissioner under section 5711.13 of the Revised Code;
(D) For fiscal year 2007, fifty-six hundredths of one per
cent of the total amount of taxes charged and payable against
public utility personal property on the general tax list of real
and public utility property for the preceding tax year and of the
total amount of taxes charged and payable against tangible
personal property on the general tax list of personal property of
the preceding tax year and for which returns were filed with the
tax commissioner under section 5711.13 of the Revised Code;
(E) For fiscal year 2008 and thereafter, six-tenths of one
per cent of the total amount of taxes charged and payable against
public utility personal property on the general tax list of real
and public utility property for the preceding tax year and of the
total amount of taxes charged and payable against tangible
personal property on the general tax list of personal property of
the preceding tax year and for which returns were filed with the
tax commissioner under section 5711.13 of the Revised Code;
(F) For fiscal year 2009 and thereafter, seven hundred
twenty-five one-thousandths of one per cent of the total amount of
taxes charged and payable against public utility personal property
on the general tax list of real and public utility property for
the preceding tax year and of the total amount of taxes charged
and payable against tangible personal property on the general tax
list of personal property of the preceding tax year and for which
returns were filed with the tax commissioner under section 5711.13
of the Revised Code.
After receiving the tax commissioner's certification, the
director of budget and management shall transfer from the general
revenue fund to the property tax administration fund one-fourth of
the amount certified on or before each of the following days: the
first days of August, November, February, and May.
On or before the thirtieth day of June of the fiscal year,
the tax commissioner shall certify to the director of budget and
management the sum of the amounts by which the amounts computed
for a taxing district under this section exceeded the
distributions to the taxing district under division (F) of section
321.24 of the Revised Code, and the director shall transfer that
sum from the property tax administration fund to the general
revenue fund.
Sec. 5705.01. As used in this chapter:
(A) "Subdivision" means any county; municipal corporation;
township; township police district; township fire district; joint
fire district; joint ambulance district; joint emergency medical
services
district; fire and ambulance district; joint recreation
district; township waste disposal district; township road
district; community college district; technical college district;
detention facility district; a district organized under
section
2151.65 of the Revised Code; a combined district organized under
sections 2152.41 and 2151.65 of the Revised Code; a
joint-county
alcohol, drug addiction, and mental health service district; a
drainage improvement district created under section 6131.52 of
the
Revised Code; a union cemetery district; a county school
financing
district; or a city, local, exempted village,
cooperative
education, or joint vocational school district; or a student
special services district created under section 3313.82 of the
Revised Code.
(B) "Municipal corporation" means all municipal
corporations,
including those that have adopted a charter under
Article XVIII,
Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means,
in
the case of any county, the board of county commissioners; in
the
case of a municipal corporation, the council or other
legislative
authority of the municipal corporation; in the case
of a city,
local, exempted village, cooperative education, or
joint
vocational school district, the board of education; in the
case of
a community college district, the board of trustees of
the
district; in the case of a technical college district, the
board
of trustees of the district; in the case of a detention
facility
district, a district organized under section
2151.65 of the
Revised Code, or a combined district organized under sections
2152.41 and 2151.65 of the Revised Code, the joint
board of
county
commissioners of the district; in the case of a township,
the
board of township trustees; in the case of a joint fire
district,
the board of fire district trustees; in the case of a
joint
recreation district, the joint recreation district board of
trustees; in the case of a joint-county alcohol, drug addiction,
and mental health service district, the district's board of
alcohol, drug addiction, and mental health services; in the case
of a joint ambulance district or a fire and ambulance district,
the board of
trustees of the
district; in the case of a union
cemetery district, the
legislative authority of the municipal
corporation and the board
of township trustees, acting jointly as
described in section
759.341 of the Revised Code; in the case of a
drainage
improvement district, the board of county commissioners
of the
county in which the drainage district is located; in the
case of a joint
emergency medical services district, the joint
board of county commissioners
of all counties in which all or any
part of the district lies; and in the case
of a township police
district, a township fire district, a
township road district, or a
township waste disposal district,
the board of township trustees
of the township in which the
district is located. "Taxing
authority" also means the
educational service center governing
board that
serves as the taxing authority of a
county school
financing district as provided in section 3311.50
of the Revised
Code, and the board of directors of a student special services
district created under section 3313.82 of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the
county auditor; in the case of a municipal corporation, the city
auditor or village clerk, or
an officer
who, by virtue of
the
charter, has the duties and functions of the city auditor or
village clerk, except that in the case of a municipal university
the board of directors of which have assumed, in the manner
provided by law, the custody and control of the funds of the
university, the chief accounting officer of the university shall
perform, with respect to the funds, the duties vested in the
fiscal officer of the subdivision by sections 5705.41 and 5705.44
of the Revised Code; in the case of a school district, the
treasurer of the board of education; in the case of a county
school financing district, the treasurer of the educational
service center governing board that serves as the
taxing
authority; in the case of a
township, the township
fiscal
officer;
in the case of a joint fire
district, the clerk of the
board of
fire district trustees; in
the case of a joint ambulance
district,
the clerk of the board of
trustees of the district; in
the case of
a joint emergency medical services
district, the
person appointed
as fiscal officer pursuant to division (D) of
section 307.053 of
the Revised Code; in the case of a fire and
ambulance
district,
the person appointed as fiscal officer
pursuant to division (B) of
section 505.375 of the Revised Code;
in the case of a joint
recreation
district, the person designated
pursuant to section
755.15 of the
Revised Code; in the case of a
union cemetery
district, the clerk
of the municipal corporation
designated in
section 759.34 of the
Revised Code; in the case of a
children's
home district,
educational
service center, general
health
district, joint-county alcohol, drug addiction, and mental
health
service district, county library district, detention
facility
district, district organized under section 2151.65 of the
Revised
Code, a combined district organized under sections
2152.41 and
2151.65 of the Revised Code, or a metropolitan park
district for
which no treasurer has been appointed pursuant to
section 1545.07
of the Revised Code, the county auditor of the
county designated
by law to act as the auditor of the district; in
the case of a
metropolitan park district which has appointed a
treasurer
pursuant to section 1545.07 of the Revised Code, that
treasurer;
in the case of a drainage improvement district, the
auditor of
the
county in which the drainage improvement district
is located; in
the case of a student special services district, the fiscal
officer appointed pursuant to section 3313.82 of the Revised Code;
and in all other cases, the officer responsible for
keeping the
appropriation accounts and drawing warrants for the
expenditure
of
the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any
property, asset, or improvement with an estimated life or
usefulness of five years or more, including land and interests
therein, and reconstructions, enlargements, and extensions
thereof
having an estimated life or usefulness of five years or
more.
(F) "Current operating expenses" and "current expenses"
mean
the lawful expenditures of a subdivision, except those for
permanent improvements, and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and
retirement charges on bonds, notes, or certificates of
indebtedness.
(H) "Taxing unit" means any subdivision or other
governmental
district having authority to levy taxes on the
property in the
district or issue bonds that constitute a charge
against the
property of the district, including conservancy
districts,
metropolitan park districts, sanitary districts, road
districts,
and other districts.
(I) "District authority" means any board of directors,
trustees, commissioners, or other officers controlling a district
institution or activity that derives its income or funds from two
or more subdivisions, such as the educational
service center, the
trustees of district
children's homes, the district board of
health, a joint-county
alcohol, drug addiction, and mental health
service district's
board of alcohol, drug addiction, and mental
health services,
detention facility districts, a joint recreation
district
board of
trustees, districts organized under section
2151.65 of the
Revised Code, combined districts organized under
sections
2152.41 and 2151.65 of the Revised Code, and other such
boards.
(J) "Tax list" and "tax duplicate" mean the general tax
lists
and duplicates prescribed by sections 319.28 and 319.29 of
the
Revised Code.
(K) "Property" as applied to a tax levy means taxable
property listed on general tax lists and duplicates.
(L) "School library district" means a school district in
which a free public library has been established that is under
the
control and management of a board of library trustees as
provided
in section 3375.15 of the Revised Code.
Sec. 5705.219. (A) If the board of directors of a student
special services district created under section 3313.82 of the
Revised Code desires to levy a tax in excess of the ten-mill
limitation throughout the district for the purpose of funding the
services to be provided by the district to students enrolled in
the school districts of which the district is composed and their
immediate family members, the board shall propose the levy to each
of the boards of education of those school districts. The proposal
shall specify the rate or amount of the tax, the number of years
the tax will be levied or that it will be levied for a continuing
period of time, and that the aggregate rate of the tax shall not
exceed three mills per dollar of taxable value in the student
special services district.
(B)(1) If a majority of the boards of education of the school
districts of which the student special services district is
composed approves the proposal for the tax levy, the board of
directors of the student special services district may adopt a
resolution approved by a majority of the board's full membership
declaring the necessity of levying the proposed tax in excess of
the ten-mill limitation throughout the district for the purpose of
funding the services to be provided by the district to students
enrolled in the school districts of which the district is composed
and their immediate family members. The resolution shall provide
for the question of the tax to be submitted to the electors of the
district at a general, primary, or special election on a day to be
specified in the resolution that is consistent with the
requirements of section 3501.01 of the Revised Code and that
occurs at least seventy-five days after the resolution is
certified to the board of elections. The resolution shall specify
the rate or amount of the tax and the number of years the tax will
be levied or that the tax will be levied for a continuing period
of time. The aggregate rate of tax levied by a student special
services district under this section at any time shall not exceed
three mills per dollar of taxable value in the district. A tax
levied under this section may be renewed, subject to section
5705.25 of the Revised Code, or replaced as provided in section
5705.192 of the Revised Code.
(2) The resolution shall take effect immediately upon
passage, and no publication of the resolution is necessary other
than that provided in the notice of election. The resolution shall
be certified and submitted in the manner provided under section
5705.25 of the Revised Code, and that section governs the
arrangements governing submission of the question and other
matters concerning the election.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 or 5705.219 of the Revised Code shall
be
certified
by the taxing authority to the board of elections of
the proper
county not less than seventy-five days before the
general election
in any year, and the board shall submit the
proposal to the
electors of the subdivision at the succeeding
November election.
Except as otherwise provided in this
division,
a resolution to
renew an existing levy, regardless of
the section
of the Revised
Code under which the tax was imposed,
shall not be
placed on the
ballot unless the question is
submitted at the
general election
held during the last year the
tax to be renewed
or replaced may be
extended on the real and
public utility
property tax list and
duplicate, or at any
election held in the
ensuing year. The
limitation of the
foregoing sentence does not
apply to a
resolution
to renew and
increase or to renew part of an
existing
levy that was imposed
under section 5705.191 of the
Revised Code
to supplement the
general fund for the purpose of
making
appropriations for one or
more of the following purposes:
for
public assistance, human or
social services, relief, welfare,
hospitalization, health, and
support of general hospitals.
The
limitation of the second preceding sentence also does not
apply to
a resolution that proposes to renew two or more existing levies
imposed under section 5705.21 of the Revised Code, in which case
the question shall be submitted on the date of the general or
primary election held during the last year at least one of the
levies to be
renewed may be extended on the real and public
utility property tax list and
duplicate, or at any election held
during the ensuing year. For
purposes of this section, a levy
shall be considered to be an
"existing levy" through the year
following the last year it can be
placed on that tax list and
duplicate.
The board shall
make the necessary arrangements for the
submission of such
questions to the electors of such subdivision,
and the election
shall be conducted, canvassed, and certified in
the same manner
as regular elections in such subdivision for the
election of
county officers. Notice of the election shall be
published in a
newspaper of general circulation in the subdivision
once a week
for two consecutive weeks prior to the election,
and,
if the board of elections operates and maintains a web site, the
board of elections shall post notice of the election on its web
site for thirty days prior to the election. The notice shall state
the
purpose, the proposed increase in rate expressed in
dollars
and
cents for each one hundred dollars of valuation as
well as in
mills for each one dollar of valuation, the number of
years
during
which the increase will be in effect, the first
month
and year in
which the
tax will be levied, and the time and place
of the
election.
(B) The form of the ballots cast at an election held
pursuant
to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or
public library) .......... for the purpose of (purpose stated
in
the resolution) .......... at a rate not exceeding ......
mills
for each one dollar of valuation, which amounts to (rate
expressed
in dollars and cents) ............ for each one hundred
dollars of
valuation, for ...... (life of indebtedness or number
of years the
levy is to run).
|
|
For the Tax Levy |
|
|
|
Against the Tax Levy |
" |
(C) If the levy is to be in effect for a continuing period
of
time, the notice of election and the form of ballot shall so
state
instead of setting forth a specified number of years for
the
levy.
If the tax is to be placed on the current tax list, the form
of the
ballot shall be modified by adding, after the statement of
the number of years
the levy is to run, the phrase
", commencing
in
.......... (first year the tax
is to be levied), first due in
calendar year .......... (first
calendar year in which the tax
shall be due)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words
"An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words
"A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words
"A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of
a decrease in the proposed levy.
If the levy submitted is a proposal to renew two or more
existing
levies imposed under section 5705.21 of the Revised Code,
the form
of the ballot specified in division (B) of this section
shall be
modified by substituting for the words
"an additional
tax" the words
"a
renewal of ....(insert the
number of levies to
be renewed) existing taxes."
The question covered by such resolution shall be submitted
as
a separate proposition but may be printed on the same ballot
with
any other proposition submitted at the same election, other
than
the election of officers. More than one such question may
be
submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under
this section shall be certified to the tax commissioner.
In the
first year of the levy, it shall be extended on the
tax lists
after the February settlement succeeding the
election. If the
additional tax is to be placed upon the
tax list of the current
year, as specified in the resolution
providing for its submission,
the result of the election shall be
certified immediately after
the canvass by the board of elections
to the taxing authority, who
shall make the necessary
levy and certify it to the county
auditor, who shall extend it on
the tax lists for collection.
After the first year, the tax levy
shall be included in the annual
tax budget that is certified to
the county budget commission.
Sec. 5705.29. This section does not apply to a subdivision or
taxing unit for which the county budget commission has waived the
requirement to adopt a tax budget pursuant to section 5705.281 of
the Revised Code. The tax budget shall present the following
information in such detail as is prescribed by the auditor of
state:
(A)(1) A statement of the necessary current operating
expenses for the ensuing fiscal year for each department and
division of the subdivision, classified as to personal services
and other expenses, and the fund from which such expenditures are
to be made. Except in the case of a school district, this
estimate
may include a contingent expense not designated for any
particular
purpose, and not to exceed three per cent of the total
amount of
appropriations for current expenses. In the case of a
school
district, this estimate may include a contingent expense
not
designated for any particular purpose and not to exceed
thirteen
per cent of the total amount of appropriations for
current
expenses.
(2) A statement of the expenditures for the ensuing fiscal
year necessary for permanent improvements, exclusive of any
expense to be paid from bond issues, classified as to the
improvements contemplated by the subdivision and the fund from
which such expenditures are to be made;
(3) The amounts required for the payment of final
judgments;
(4) A statement of expenditures for the ensuing fiscal
year
necessary for any purpose for which a special levy is
authorized,
and the fund from which such expenditures are to be
made;
(5) Comparative statements, so far as possible, in
parallel
columns of corresponding items of expenditures for the
current
fiscal year and the two preceding fiscal years.
(B)(1) An estimate of receipts from other sources than the
general property tax during the ensuing fiscal year, which shall
include an estimate of unencumbered balances at the end of the
current fiscal year, and the funds to which such estimated
receipts are credited;
(2) The amount each fund requires from the general
property
tax, which shall be the difference between the
contemplated
expenditure from the fund and the estimated
receipts, as provided
in this section. The section of the
Revised Code under which the
tax is authorized shall be set
forth.
(3) Comparative statements, so far as possible, in
parallel
columns of taxes and other revenues for the current
fiscal year
and the two preceding fiscal years.
(C)(1) The amount required for debt charges;
(2) The estimated receipts from sources other than the tax
levy for payment of such debt charges, including the proceeds of
refunding bonds to be issued to refund bonds maturing in the next
succeeding fiscal year;
(3) The net amount for which a tax levy shall be made,
classified as to bonds authorized and issued prior to January 1,
1922, and those authorized and issued subsequent to such date,
and
as to what portion of the levy will be within and what in
excess
of the ten-mill limitation.
(D) An estimate of amounts from taxes authorized to be
levied
in excess of the ten-mill limitation on the tax rate, and
the fund
to which such amounts will be credited, together with
the
sections
of the Revised Code under which each such tax is
exempted
from all
limitations on the tax rate.
(E)(1) A board of education may include in its budget for
the
fiscal year in which a levy proposed under section 5705.194,
5705.21, or 5705.213, or the original levy under section 5705.212
of the Revised Code is first extended on the tax list and
duplicate an estimate of expenditures to be known as a voluntary
contingency reserve balance, which shall not be greater than
twenty-five per cent of the total amount of the levy estimated to
be available for appropriation in such year.
(2) A board of education may include in its budget for the
fiscal year following the year in which a levy proposed under
section 5705.194, 5705.21, or 5705.213, or the original levy
under
section 5705.212 of the Revised Code is first extended on
the tax
list and duplicate an estimate of expenditures to be
known as a
voluntary contingency reserve balance, which shall not
be greater
than twenty per cent of the amount of the levy
estimated to be
available for appropriation in such year.
(3) Except as provided in division (E)(4) of this section,
the full amount of any reserve balance the board includes in its
budget shall be retained by the county auditor and county
treasurer out of the first semiannual settlement of taxes until
the beginning of the next succeeding fiscal year, and thereupon,
with the depository interest apportioned thereto, it shall be
turned over to the board of education, to be used for the
purposes
of such fiscal year.
(4) A board of education, by a two-thirds vote of all
members
of the board, may appropriate any amount withheld as a
voluntary
contingency reserve balance during the fiscal year for
any lawful
purpose, provided that prior to such appropriation the
board of
education has authorized the expenditure of all amounts
appropriated for contingencies under section 5705.40 of the
Revised Code. Upon request by the board of education, the county
auditor shall draw a warrant on the district's account in the
county treasury payable to the district in the amount requested.
(F)(1) A board of education may include a spending reserve
in
its budget for fiscal years ending on or before
June 30, 2002.
The
spending reserve shall consist of an estimate
of expenditures
not
to exceed the district's spending reserve
balance. A
district's
spending reserve balance is the amount by
which the
designated
percentage of the district's
estimated personal
property taxes to
be settled during the calendar year in which
the
fiscal year ends
exceeds the estimated amount of personal
property
taxes to be so
settled and received by the district
during that
fiscal year.
Moneys from a spending reserve shall be
appropriated
in accordance
with section 133.301 of the Revised
Code.
(2) For the purposes of computing a school district's
spending
reserve balance for a fiscal year, the designated
percentage shall be as
follows:
Fiscal year ending in: |
Designated percentage |
1998 |
50% |
1999 |
40% |
2000 |
30% |
2001 |
20% |
2002 |
10% |
(G) Except as otherwise provided in this division, the
county
budget
commission shall not reduce the taxing authority of
a
subdivision as a
result of the creation of a reserve balance
account. Except as
otherwise provided in this division, the
county
budget commission shall not
consider the amount in a
reserve
balance account of a township, county, or
municipal
corporation as
an
unencumbered balance or as revenue for the
purposes of division
(E)(3) or (4) of section 5747.51 or division
(E)(3) or (4)
of
section 5747.62 of the Revised Code. The county
budget commission
may
require documentation of the reasonableness
of the reserve
balance held in any
reserve balance account. The
commission shall
consider any amount in a
reserve balance account
that it
determines to be unreasonable as unencumbered
and as
revenue for
the purposes of sections 5747.51 and 5747.62 of the
Revised Code
and may take such amounts into consideration
when
determining
whether to reduce the taxing authority of a
subdivision.
Sec. 5705.44. When contracts or leases run beyond the
termination of the
fiscal year in which they are made, the fiscal
officer of the taxing authority
shall make a certification for the
amount required to meet the obligation of
such contract or lease
maturing in such fiscal year. The amount of the
obligation under
such contract or lease remaining unfulfilled at the end of a
fiscal year, and which will become payable during the next fiscal
year, shall
be included in the annual appropriation measure for
the next year as a fixed
charge.
The certificate required by section 5705.41 of the Revised
Code as to money in
the treasury shall not be required for
contracts on which payments are to be
made from the earnings of a
publicly operated water works or public utility,
but in the case
of any such contract made without such certification, no
payment
shall be made on account thereof, and no claim or demand thereon
shall
be recoverable, except out of such earnings.
That
certificate also shall not be required if requiring the
certificate makes it impossible for a county board of mental
retardation and developmental disabilities to pay the nonfederal
share of medicaid expenditures that the county board is required
by division (A) of section
5126.057 sections 5126.059 and
5126.0510 of the Revised Code
to pay.
Sec. 5709.68. (A) On or before the thirty-first day of
March
each year, a municipal corporation or county that has
entered into
an agreement with an enterprise under section
5709.62, 5709.63, or
5709.632 of the Revised Code shall submit to
the director of
development and the board of education of each
school district of
which a municipal corporation or township to
which such an
agreement applies is a part a report on all of
those
agreements in
effect during the preceding calendar year.
The
report shall
include all of the following information:
(1) The designation, assigned by the director of
development,
of each urban jobs and enterprise zone within the
municipal
corporation or county, the date each zone was
certified,
the name
of each municipal corporation or township
within each
zone, and
the total population of each zone according
to the most
recent
data available;
(2) The number of enterprises that are subject to those
agreements and the number of full-time employees subject to those
agreements within each zone, each according to the most recent
data available and identified and categorized by the appropriate
standard industrial code, and the rate of unemployment in the
municipal corporation or county in which the zone is located for
each year since each zone was certified;
(3) The number of agreements approved and executed during
the
calendar year for which the report is submitted, the total
number
of agreements in effect on the thirty-first day of
December
of the
preceding calendar year, the number of agreements
that
expired
during the calendar year for which the report is
submitted, and
the number of agreements scheduled to expire
during
the calendar
year in which the report is submitted. For
each
agreement that
expired during the calendar year for which
the
report is
submitted, the municipal corporation or county
shall
include the
amount of taxes exempted and the estimated
dollar
value of any
other incentives provided under the
agreement.
(4) The number of agreements receiving compliance reviews
by
the tax incentive review council in the municipal corporation
or
county during the calendar year for which the report is
submitted,
including all of the following information:
(a) The number of agreements the terms of which an
enterprise
has complied with, indicating separately for each
agreement the
value of the real and personal property exempted
pursuant to the
agreement and a comparison of the stipulated and
actual schedules
for hiring new employees, for retaining existing
employees, for
the amount of payroll of the enterprise
attributable to these
employees, and for investing in
establishing, expanding,
renovating, or occupying a facility;
(b) The number of agreements the terms of which an
enterprise
has failed to comply with, indicating separately for
each
agreement the value of the real and personal property
exempted
pursuant to the agreement and a comparison of the
stipulated and
actual schedules for hiring new employees, for
retaining existing
employees, for the amount of payroll of the
enterprise
attributable to these employees, and for investing in
establishing, expanding, renovating, or occupying a facility;
(c) The number of agreements about which the tax incentive
review council made recommendations to the legislative authority
of the municipal corporation or county, and the number of
those
recommendations that have not been followed;
(d) The number of agreements rescinded during the calendar
year for which the report is submitted.
(5) The number of enterprises that are subject to
agreements
that expanded within each zone, including the number
of new
employees hired and existing employees retained by each
enterprise, and the number of new enterprises that are
subject to
agreements and that established within each zone,
including the
number of new employees hired by each
enterprise;
(6)(a) The number of enterprises that are subject to
agreements and that closed or reduced employment at any place of
business within the state for the primary purpose of
establishing,
expanding, renovating, or occupying a facility,
indicating
separately for each enterprise the political
subdivision in which
the enterprise closed or reduced employment
at a place of business
and the number of full-time employees
transferred and retained by
each such place of business;
(b) The number of enterprises that are subject to
agreements
and that closed or reduced employment at any place of
business
outside the state for the primary purpose of
establishing,
expanding, renovating, or occupying a facility.
(7) For each agreement in effect during any part of the
preceding year, the number of employees employed by the
enterprise
at the project site immediately prior to formal
approval of the
agreement, the number of employees employed by
the enterprise at
the project site on the thirty-first day of
December of the
preceding year, the payroll of the enterprise for
the preceding
year, the amount of taxes paid on tangible personal
property
situated at the project site and the amount of
those
taxes that
were not paid because of the exemption granted under
the
agreement, and the amount of taxes paid on real property
constituting the project site and the amount of those taxes
that
were not paid because of the exemption granted under the
agreement. If an agreement was entered into under section
5709.632
of the Revised Code with an enterprise described in
division
(B)(2) of that section, the report shall include the
number of
employee positions at all of the enterprise's locations
in this
state. If an agreement is conditioned on a waiver issued
under
division (B) of section 5709.633 of the Revised Code on the
basis
of the circumstance described in division (B)(3)(a) or (b)
of that
section, the report shall include the number of employees
at the
facilities referred to in division (B)(3)(a)(i) or (b)(i)
of that
section, respectively.
(B) Upon the failure of a municipal corporation or county
to
comply with division (A) of this section:
(1) Beginning on the first day of April of the calendar
year
in which the municipal corporation or county fails to comply
with
that division, the municipal corporation or county shall not
enter
into any agreements with an enterprise under section
5709.62,
5709.63, or 5709.632 of the Revised Code until the
municipal
corporation or county has complied with division (A) of
this
section.
(2) On the first day of each ensuing calendar month until
the
municipal corporation or county complies with division
(A) of
this
section,
the director of development shall either order the
proper
county
auditor to deduct from the next succeeding payment
of taxes
to
the municipal corporation or county under section
321.31,
321.32,
321.33, or 321.34 of the Revised Code an amount
equal to
one thousand dollars for each calendar month the
municipal
corporation
or county fails to comply with that
division, or order
the county
auditor to deduct that amount from
the next succeeding
payment
to the municipal corporation or county
from the undivided
local
government fund under section 5747.51 of
the Revised Code.
At
the time such a payment is made, the county
auditor shall
comply
with the director's order by issuing a
warrant, drawn on
the fund
from which the money would have been
paid, to the
director of
development, who shall deposit the
warrant into the
state enterprise zone program administration
fund created in
division (C) of this section.
(C) The director, by rule, shall establish the state's
application fee for applications submitted to a municipal
corporation or county to enter into an agreement under section
5709.62, 5709.63, or 5709.632 of the Revised Code. In
establishing
the amount of the fee, the director shall consider
the state's
cost of administering the enterprise zone program,
including the
cost of reviewing the reports required under
division (A) of this
section. The director may change the amount
of the fee at the
times and in the
increments the director
considers
necessary. Any
municipal corporation or county that
receives an
application shall
collect the application fee and
remit the fee
for deposit in the
state treasury to the credit of
the state
enterprise zone program
administration fund, which is
hereby
created. Money credited to
the fund shall be used by the
department of development to pay the
costs of administering the
enterprise zone program, including the
cost of reviewing the
reports required under division (A) of this
section tax incentive programs operating fund created in section
122.174 of the Revised Code.
(D) On or before the thirtieth day of June each year, the
director of development shall certify to the tax commissioner the
information described under division (A)(7) of this section,
derived from the reports submitted to the director under this
section.
On the basis of the information certified under this
division, the tax commissioner annually shall submit a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the ways and
means committees of the respective houses of the general
assembly,
indicating for each enterprise zone the amount of state
and local
taxes that were not required to be paid because of
exemptions
granted under agreements entered into under section
5709.62,
5709.63, or 5709.632 of the Revised Code and the amount
of
additional taxes paid from the payroll of new employees.
Sec. 5711.01. As used in this chapter:
(A)(1) "Taxable property" includes all the kinds of property
mentioned in division (B) of section 5709.01 and section 5709.02
of the Revised Code, and also the amount or value as of the date
of conversion of all taxable property converted into bonds or
other securities not taxed on or after the first day of November
in the year preceding the date of listing, and of all other
taxable property converted into deposits after the date as of
which deposits are required to be listed in such year, except in
the usual course of the taxpayer's business, to the extent the
taxpayer may
hold or control such bonds, securities, or deposits
on such day,
without deduction for indebtedness created in the
purchase of
such bonds or securities from the taxpayer's credits.
"Taxable
property" does not include such investments and deposits
as are
taxable at the source as provided in sections 5725.01 to
5725.26
of the Revised Code, surrender values under policies of
insurance, or any tangible personal property acquired from a
public utility or interexchange telecommunications company as
defined in section 5727.01 of the Revised Code and leased back
to
the public utility or interexchange telecommunications company
pursuant to a sale and leaseback transaction as defined in
division (I) of section 5727.01 of the Revised Code. For tax year
2007 and thereafter, "taxable property" of a telephone, telegraph,
or interexchange telecommunications company, as defined in section
5727.01 of the Revised Code, includes property subject to such a
sale and leaseback transaction.
(2) For tax year 2007 and thereafter, taxable property leased
to a telephone, telegraph, or interexchange telecommunications
company, as defined in section 5727.01 of the Revised Code, other
than pursuant to a sale and leaseback transaction, shall be listed
and assessed by the owner of the property as follows:
(a) If the property leased to such a company is not governed
by division (C) of section 5711.22 of the Revised Code in tax
years 2007 and 2008, it shall be listed and assessed at the
percentage of true value in money required under division (H)(G)
of section 5711.22 of the Revised Code.
(b) All property leased to such a company in tax years 2009
and 2010 shall be listed and assessed at the percentage of true
value in money required under division (H) of section 5711.22 of
the Revised Code.
(3) For tax years 2009 and 2010, the lessor of property
subject to division (A)(2) of this section shall have the true
value of the property the lessor leases to a telephone, telegraph,
or interexchange telecommunications company determined under
divisions (A)(5) and (E) of section 5727.06 of the Revised Code.
(B) "Taxpayer" means any owner of taxable property,
including
property exempt under division (C) of section 5709.01
of the
Revised Code, and includes every person residing in, or
incorporated or organized by or under the laws of this state, or
doing business in this state, or owning or having a beneficial
interest in taxable personal property in this state and every
fiduciary required by sections 5711.01 to 5711.36 of the Revised
Code, to make a return for or on behalf of another. For tax year
2007 and thereafter, "taxpayer" includes telephone companies,
telegraph companies, and interexchange telecommunications company
as defined in section 5727.01 of the Revised Code. The tax
commissioner may by rule define and designate the taxpayer, as to
any taxable property which would not otherwise be required by
this
section to be returned; and any such rule shall be
considered
supplementary to the enumeration of kinds of taxpayers
following:
(1) Individuals of full age and sound mind residing in
this
state;
(2) Partnerships, corporations, associations, and
joint-stock
companies, under whatever laws organized or existing,
doing
business or having taxable property in this state; and
corporations incorporated by or organized under the laws of this
state, wherever their actual business is conducted;
(3) Fiduciaries appointed by any court in this state or
having title, possession, or custody of taxable personal property
in this state or engaged in business in this state;
(4) Unincorporated mutual funds.
"Taxpayer" excludes all individuals, partnerships,
corporations, associations, and joint-stock companies, their
executors, administrators, and receivers who are defined in Title
LVII of the Revised Code as financial institutions, dealers in
intangibles, domestic insurance companies, or public utilities,
except to the extent they may be required by sections 5711.01 to
5711.36 of the Revised Code, to make returns as fiduciaries, or
by
section 5725.26 of the Revised Code, to make returns of
property
leased, or held for the purpose of leasing, to others if
the owner
or lessor of the property acquired it for the sole
purpose of
leasing it to others or to the extent that property is
taxable
under section 5725.25 of the Revised Code.
(C) "Return" means the taxpayer's annual report of taxable
property.
(D) "List" means the designation, in a return, of the
description of taxable property, the valuation or amount thereof,
the name of the owner, and the taxing district where assessable.
(E) "Taxing district" means, in the case of property
assessable on the classified tax list and duplicate, a municipal
corporation or the territory in a county outside the limits of
all
municipal corporations therein; in the case of property
assessable
on the general tax list and duplicate, a municipal
corporation or
township, or part thereof, in which the aggregate
rate of taxation
is uniform.
(F) "Assessor" includes the tax commissioner and the
county
auditor as deputy of the commissioner.
(G) "Fiduciary" includes executors, administrators,
parents,
guardians, receivers, assignees, official custodians,
factors,
bailees, lessees, agents, attorneys, and employees, but
does not
include trustees unless the sense so requires.
(H) "General tax list and duplicate" means the books or
records containing the assessments of property subject to local
tax levies.
(I) "Classified tax list and duplicate" means the books or
records containing the assessments of property not subject to
local tax levies.
(J) "Investment company" means any corporation, the shares
of
which are regularly offered for sale to the public, engaged
solely
in the business of investing and reinvesting funds in real
property or investments, or holding or selling real property or
investments for the purpose of realizing income or profit which
is
distributed to its shareholders. Investment company does not
include any dealer in intangibles, as defined in section 5725.01
of the Revised Code.
(K) "Unincorporated mutual fund" means any partnership,
each
partner of which is a corporation, engaged solely in the
business
of investing and reinvesting funds in investments, or
holding or
selling investments for the purpose of realizing
income or profit
which is distributed to its partners and which
is subject to
Chapter 1707. of the Revised Code. An
unincorporated mutual fund
does not include any dealer in
intangibles as defined in section
5725.01 of the Revised Code.
Sec. 5713.011. If the county auditor determines under
section 5713.01 of the
Revised Code
that the construction of a
dwelling on a previously vacant parcel of land is
now available
for use or that an additional dwelling is constructed on a
parcel
of land and is now available for use, the county auditor, by
ordinary
mail, shall send to the owner of the dwelling a notice
that the applicant may
apply for a reduction in taxes under
division (A)(2) of section
323.153 of the Revised Code. The notice
shall be substantially in the form of
the notice
prescribed under
division (C)(2)(A)(3)(b) of section 323.131 of the Revised Code.
Sec. 5725.24. (A) As used in this section, "qualifying
dealer" means a dealer in intangibles that is a qualifying dealer
in intangibles as defined in section 5733.45 of the Revised Code
or a member of a qualifying controlled group, as defined in
section 5733.04 of the Revised Code, of which an insurance company
also is a member on the first day of January of the year in and
for which the tax imposed by section 5707.03 of the Revised Code
is required to be paid by the dealer.
(B) The taxes levied by
section
5725.18 of the Revised
Code
and
collected pursuant to this
chapter
shall be paid into the
state
treasury to the credit of
the
general
revenue fund.
(C) The
taxes levied by section 5707.03 of
the Revised Code
on the value of shares in and
capital employed by
dealers in
intangibles
other than those that are qualifying
dealers shall be
for the use
of the general revenue fund of
the
state and the local
government funds of the several counties
in
which the taxes
originate as
provided in
this
division.
On or before the first day of During each month on for which
there is
money in the state treasury for disbursement under this
division,
the tax commissioner shall provide for payment to the
county
treasurer of each county of
five-eighths of the amount of
the
taxes collected
on
account of shares in and capital employed
by
dealers in
intangibles
other than those that are qualifying
dealers,
representing capital employed in the county. The balance
of the
money received and credited on
account
of taxes assessed on
shares
in and capital employed by
such
dealers in
intangibles
shall be
credited to the general
revenue
fund.
Reductions in the amount of taxes collected on account of
credits allowed under section 5725.151 of the Revised Code shall
be applied to reduce the amount credited to the general revenue
fund and shall not be applied to reduce the amount to be credited
to the undivided local government funds of the counties in which
such taxes originate.
For the purpose of this
division, such taxes are
deemed to
originate in the counties in which
such dealers in intangibles
have their offices.
Money received into the treasury of a county pursuant to
this
section shall be credited to the undivided local government
fund
of the county and shall be distributed by the budget
commission as
provided by law.
(D) All of the taxes levied under section 5707.03 of the
Revised Code on the value of the shares in and capital employed by
dealers in intangibles that are qualifying dealers shall be paid
into the state treasury to the credit of the
general revenue fund.
Sec. 5727.06. (A) Except as otherwise provided by law,
the
following constitutes the taxable property of a public
utility,
interexchange telecommunications company, or public utility
property lessor that shall be
assessed by the tax commissioner:
(1) For tax years before tax year 2006:
(a) In the case of a railroad company, all real property
and
tangible personal property owned or operated by the railroad
company in this state on the thirty-first day of December of the
preceding year;
(b) In the case of a water transportation company, all
tangible personal
property, except watercraft, owned or operated
by the water transportation
company in this state on the
thirty-first day of December of the preceding
year and all
watercraft owned or operated by the water transportation company
in this state during the preceding calendar year;
(c) In the case of all other public utilities and
interexchange telecommunications companies, all tangible personal
property that on the thirty-first day of December of the
preceding
year was both located in this state and:
(i) Owned by the public utility or interexchange
telecommunications company; or
(ii) Leased by the public utility or interexchange
telecommunications company under a sale and leaseback
transaction.
(2) For tax years 2006, 2007, and 2008:
(a) In the case of a railroad company, all real property used
in railroad operations and tangible personal property owned or
operated by the railroad company in this state on the thirty-first
day of December of the preceding year;
(b) In the case of a water transportation company, all
tangible personal property, except watercraft, owned or operated
by the water transportation company in this state on the
thirty-first day of December of the preceding year and all
watercraft owned or operated by the water transportation company
in this state during the preceding calendar year;
(c) In the case of all other public utilities except
telephone and telegraph companies, all tangible personal property
that on the thirty-first day of December of the preceding year was
both located in this state and either owned by the public utility
or leased by the public utility under a sale and leaseback
transaction.
(3) For tax year 2009 and each tax year thereafter:
(a) In the case of a railroad company, all real property used
in railroad operations and tangible personal property owned or
operated by the railroad company in this state on the thirty-first
day of December of the preceding year;
(b) In the case of a water transportation company, all
tangible personal property, except watercraft, owned or operated
by the water transportation company in this state on the
thirty-first day of December of the preceding year and all
watercraft owned or operated by the water transportation company
in this state during the preceding calendar year;
(c) In the case of all other public utilities except
telephone and telegraph companies, all tangible personal property
that on the thirty-first day of December of the preceding year was
both located in this state and either owned by the public utility
or leased by the public utility under a sale and leaseback
transaction;
(d) In the case of a public utility property lessor, all
personal property that on the thirty-first day of December of the
preceding year was both located in this state and leased, in other
than a sale and leaseback transaction, to a public utility other
than a railroad, telephone, telegraph, or water transportation
company. The assessment rate used under section 5727.111 of the
Revised Code shall be based on the assessment rate that would
apply if the public utility owned the property.
(4) For tax years 2005 and 2006, in the case of telephone,
telegraph, or interexchange telecommunications companies, all
tangible personal property that on the thirty-first day of
December of the preceding year was both located in this state and
either owned by the telephone, telegraph, or interexchange
telecommunications company or leased by the telephone, telegraph,
or interexchange telecommunications company under a sale and
leaseback transaction.
(5)(a) For tax year 2007 and thereafter, in the case of
telephone, telegraph, or interexchange telecommunications
companies, all tangible personal property shall be listed and
assessed for taxation under Chapter 5711. of the Revised Code, but
the tangible personal property shall be valued in accordance with
this chapter using the composite annual allowances and other
valuation procedures prescribed under section 5727.11 of the
Revised Code by the tax commissioner for such property for tax
year 2006, notwithstanding any section of Chapter 5711. of the
Revised Code to the contrary.
(b) A telephone, telegraph, or interexchange
telecommunications company subject to division (A)(5)(a) of this
section shall file a combined return with the tax commissioner in
accordance with section 5711.13 of the Revised Code even if the
company has tangible personal property in only one county. Such a
company also is subject to the issuance of a preliminary
assessment certificate by the tax commissioner under section
5711.25 of the Revised Code. Such a company is not required to
file a county supplemental return under section 5711.131 of the
Revised Code.
(B) This division applies to tax years before tax year 2007.
In the case of an interexchange telecommunications
company,
all taxable property shall be subject to the provisions
of this
chapter and shall be valued by the commissioner in
accordance with
division (A) of section 5727.11 of the Revised
Code. A person
described
by this division shall file the report required by
section
5727.08 of the Revised Code. Persons described in this
division
shall not be considered taxpayers, as defined in division
(B) of
section 5711.01 of the Revised Code, and shall not be
required to
file a return and list their taxable property under
any provision
of Chapter 5711. of the Revised Code.
(C) The lien of the state for taxes levied each year on
the
real and personal property of public utilities and
interexchange
telecommunications companies and on the personal property of
public utility property lessors shall attach thereto
on the
thirty-first day of December of the preceding year.
(D) Property that is required by division (A)(3)(b) of
this
section to be assessed by the tax commissioner under this
chapter
shall not be listed by the owner of the property under
Chapter
5711. of the Revised Code.
(E) The ten-thousand-dollar exemption provided for in
division (C)(3) of section 5709.01 of the Revised Code does not
apply to any personal property that is valued under this chapter.
(F) The tax commissioner may adopt rules governing the
listing of the taxable property of public utilities and
interexchange telecommunications companies and the determination
of true value.
Sec. 5727.45. Four and two-tenths One hundred per cent of
all excise
taxes and penalties collected under sections 5727.01 to
5727.62
of
the Revised Code shall be credited to the local
government
fund
for distribution in accordance with section
5747.50 of the
Revised
Code, six-tenths of one per cent shall be
credited to the local
government revenue assistance fund for
distribution in accordance
with section 5747.61 of the Revised
Code, and
ninety-five and
two-tenths per cent shall be credited to
the general revenue
fund.
Sec. 5727.81. (A) For
the purpose of raising revenue for
public education and state
and local government operations, an
excise tax is hereby levied
and imposed on an electric
distribution company for all electricity
distributed by such
company beginning with the measurement period that
includes May
1,
2001, at the following rates
per kilowatt hour of electricity
distributed in a thirty-day period by
the company through a meter
of an end user in this state:
|
KILOWATT HOURS DISTRIBUTED |
|
RATE PER |
|
TO AN END USER |
|
KILOWATT HOUR |
|
For the first 2,000 |
|
$.00465 |
|
For the next 2,001 to 15,000 |
|
$.00419 |
|
For 15,001 and above |
|
$.00363 |
If no meter is used to measure the kilowatt hours of
electricity
distributed by the company, the rates shall apply to
the estimated kilowatt
hours of electricity distributed to an
unmetered location in this state.
The electric distribution company shall base the monthly tax
on the
kilowatt hours of electricity distributed to an end user
through the meter of the end user that is not measured for a
thirty-day period
by dividing the days
in the measurement period
into the total kilowatt hours measured during
the measurement
period to obtain a daily average usage. The tax shall
be
determined by obtaining the sum of divisions (A)(1), (2), and
(3)
of this section and multiplying that amount by the number of days
in
the measurement period:
(1) Multiplying $0.00465 per kilowatt hour for the first
sixty-seven kilowatt hours distributed using a daily average;
(2) Multiplying $0.00419 for the next sixty-eight to five
hundred
kilowatt hours distributed using a daily average;
(3) Multiplying $0.00363 for the remaining kilowatt hours
distributed using a daily average.
Until January 1, 2003, except as provided in division
(C) of
this section, the
electric distribution company shall pay
the tax
to the
treasurer
of
state in accordance with section
5727.82 of
the Revised
Code. Beginning January 1, 2003, except Except as
provided
in division (C) of this section, the electric
distribution company
shall pay the tax to the tax commissioner in
accordance with
section 5727.82 of the Revised Code, unless
required to remit
each
tax payment by
electronic funds transfer to
the treasurer of
state
in accordance
with section 5727.83 of the
Revised Code.
Only the distribution of electricity through
a meter of an
end user in
this state shall be used by the electric distribution
company to
compute the amount or estimated amount of tax due. In
the event a meter is
not actually read for a measurement period,
the estimated kilowatt hours
distributed by an electric
distribution company to bill
for its distribution charges shall
be
used.
(B) Except as provided in division (C) of this section,
each
electric distribution company shall pay the tax imposed by this
section in all of the following circumstances:
(1) The electricity is distributed by the company through
a
meter of an end user in this state;
(2) The company is distributing electricity through a
meter
located in another state, but the electricity is consumed
in this
state in the manner prescribed by the tax
commissioner;
(3) The company is distributing electricity in this state
without the use of a meter, but the electricity is consumed in
this state as estimated and in the manner prescribed by
the tax
commissioner.
(C)(1) As used in division (C) of this section:
(a)
"Total price of electricity" means the aggregate value
in
money of anything paid or transferred, or promised to be paid
or
transferred,
to obtain electricity or electric
service,
including
but not limited to the value paid or promised
to be paid
for the
transmission or distribution of electricity and
for
transition
costs as described in Chapter 4928. of the Revised
Code.
(b)
"Package" means the provision or the acquisition, at a
combined price, of electricity with other services or products, or
any
combination thereof, such as natural gas or other fuels;
energy
management products, software, and services; machinery and
equipment acquisition; and financing agreements.
(c)
"Single location" means a facility located on contiguous
property separated only by a roadway, railway, or waterway.
(2) Division (C) of this section applies to any
commercial
or
industrial
purchaser's receipt of electricity
through a meter
of
an end user in this
state or through more than one meter at a
single location
in this state in a quantity that exceeds
forty-five million kilowatt hours
of electricity
over the course
of the
preceding calendar year, or any commercial or industrial
purchaser
that will
consume more than forty-five
million kilowatt
hours
of electricity over the course of the
succeeding twelve
months as
estimated by the tax commissioner.
The tax commissioner
shall
make such an estimate upon the written
request by an
applicant for
registration as a self-assessing
purchaser under
this division.
Such a purchaser
may elect to self-assess the
excise tax imposed
by this section at the
rate of $.00075 per
kilowatt hour on
the first five hundred four
million
kilowatt
hours
distributed to that meter or location during the
registration year, and four per
cent a percentage of the total
price of
all
electricity distributed to that meter
or location
equal to four per cent through the meter reading period that
includes June 30, 2008, and three and one-half per cent beginning
for the meter reading period including July 1, 2008, and
thereafter. A
qualified
end user that receives electricity
through
a meter of an end
user
in this state
or through more than
one
meter at a
single location
in this state and that consumes,
over
the
course of the previous
calendar year, more than
forty-five
million
kilowatt hours in
other than its qualifying
manufacturing
process, may
elect to
self-assess the tax as allowed
by this
division
with respect to
the electricity used in other
than its
qualifying
manufacturing
process.
Until January 1, 2003, payment
of the tax
shall
be made
directly to the
treasurer of state in
accordance
with
divisions
(A)(4) and (5) of
section
5727.82 of the
Revised
Code.
Beginning
January 1, 2003, payment
Payment of the tax shall be made
directly to the
tax
commissioner in accordance with divisions
(A)(4) and (5) of
section 5727.82 of the Revised Code, or the
treasurer of state in
accordance with section 5727.83 of the
Revised Code. If the
electric
distribution
company
serving the
self-assessing purchaser
is a
municipal
electric
utility and the
purchaser is within the
municipal
corporation's
corporate limits,
payment shall be made to
such
municipal
corporation's general fund
and reports shall be
filed in
accordance
with divisions
(A)(4)
and (5) of
section
5727.82 of
the Revised Code,
except that
"municipal corporation"
shall be
substituted for
"treasurer of
state" and
"tax
commissioner." A
self-assessing purchaser that
pays the excise
tax
as provided in
this
division shall not be
required to pay the
tax
to
the
electric distribution company from
which its
electricity is
distributed.
If a self-assessing
purchaser's
receipt of
electricity is not subject to the
tax as
measured under
this
division, the tax on the receipt of such
electricity shall be
measured and paid as provided in division (A)
of this section.
(3) In the case of
the acquisition of a package, unless the
elements of the
package are separately
stated isolating the total
price of electricity from the price of the
remaining elements of
the
package, the tax imposed under this section applies to the
entire
price of the package. If the elements of the package are
separately stated, the tax imposed under this section applies to
the total price of the electricity.
(4) Any electric supplier that sells electricity as part of
a
package shall separately state to the purchaser the total price
of
the
electricity and, upon request by the tax commissioner, the
total price
of each of the other elements of the package.
(5) The tax commissioner may adopt rules relating to the
computation of the total price of electricity with respect to
self-assessing purchasers, which may include rules to establish
the total price of electricity purchased as part of a package.
(6)
An annual application for registration as a
self-assessing
purchaser
shall be made for each qualifying meter
or location on
a form
prescribed by the tax commissioner.
The
registration year begins on the first day of May and ends on the
following thirtieth day of April. Persons may apply after the
first day of May for the remainder of the registration year. In
the case of an
applicant
applying on the basis of an estimated
consumption of
forty-five
million kilowatt hours over the course
of the
succeeding twelve
months, the applicant shall provide such
information as the tax
commissioner considers to be necessary to
estimate such
consumption. At the time of making the
application
and by the first day of May of each year, excluding
May 1, 2000, a
self-assessing purchaser shall pay a fee of five
hundred dollars
to the
tax commissioner, or to the treasurer of state
as provided
in section 5727.83 of the Revised Code, for each qualifying meter
or
location.
The tax commissioner
shall immediately pay to the
treasurer of state all amounts that
the tax commissioner receives
under this section.
The treasurer of state shall deposit such
amounts
into the
kilowatt
hour excise tax administration
fund,
which is hereby
created in
the state treasury. Money in the
fund
shall be used to
defray the
tax commissioner's cost in
administering the tax owed
under
section 5727.81 of the Revised
Code by self-assessing
purchasers.
After the application is
approved by the tax
commissioner, the
registration shall remain in
effect
for the current registration
year, or until canceled by the
registrant upon written
notification to the commissioner of the
election to pay the tax in
accordance with division (A) of this
section, or
until canceled by
the tax commissioner for not paying
the tax or fee
under
division
(C) of this section or
for not
meeting the qualifications
in
division (C)(2) of this section.
The
tax commissioner
shall
give
written notice to the electric
distribution company from
which
electricity is delivered to a
self-assessing purchaser of
the
purchaser's
self-assessing status,
and the electric
distribution
company is relieved of the
obligation
to pay the tax
imposed by
division (A) of this section
for
electricity
distributed to that
self-assessing purchaser
until
it is notified
by
the tax
commissioner that the self-assessing
purchaser's
registration is
canceled. Within fifteen days of
notification of
the canceled
registration, the electric
distribution company shall
be
responsible for payment of the tax
imposed by division (A) of
this
section on electricity distributed
to a purchaser that is no
longer
registered as a
self-assessing
purchaser. A self-assessing
purchaser with a canceled
registration
must file a
report and
remit the tax imposed by
division (A) of
this section
on all
electricity it receives for
any measurement
period prior to the
tax
being reported and paid
by
the electric
distribution company.
A self-assessing purchaser
whose
registration is canceled by the
tax commissioner is not
eligible
to
register as a self-assessing
purchaser for two years
after the
registration is
canceled.
(7) If the tax commissioner cancels the self-assessing
registration of a purchaser registered on the basis of its
estimated consumption because the purchaser does not consume at
least forty-five million kilowatt hours of electricity over the
course of the twelve-month period for which the estimate was made,
the tax commissioner shall assess and collect from the purchaser
the difference between (a) the amount of tax that would have
been
payable under division (A) of this section on the electricity
distributed to the purchaser during that period and (b) the
amount
of tax paid by the purchaser on such electricity pursuant to
division (C)(2)(a) of this section. The assessment shall be
paid
within sixty days after the tax commissioner issues it, regardless
of whether the purchaser files a petition for reassessment under
section 5727.89 of the Revised Code covering that period. If the
purchaser does not pay the assessment within the time prescribed,
the amount assessed is subject to the additional charge and the
interest prescribed by divisions (B) and (C) of section
5727.82 of
the Revised Code, and is subject to assessment under section
5727.89 of the Revised Code. If the purchaser is a qualified end
user, division (C)(7) of this section applies only to electricity
it consumes in other than its qualifying manufacturing process.
(D) The tax imposed by
this section does not apply to the
distribution of any kilowatt hours
of electricity to the federal
government, to an end user located at a federal
facility that uses
electricity for the enrichment of uranium, to a
qualified
regeneration meter, or to an end
user for any day the end
user is
a qualified end user. The exemption under this division for a
qualified end user only applies to the manufacturing location
where the
qualified end user uses more than three million kilowatt
hours per day in a
qualifying manufacturing process.
Sec. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid," for a school district, means the
sum of
state
aid
amounts computed for the
district
under
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (G), (L), and (N) of section 3317.024; and sections
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and
3317.053 of the Revised Code; and the adjustments required by:
division (C) of section 3310.08; division (C)(2) of section
3310.41; section 3310.55; division (C) of section 3314.08;
division (D)(2) of section 3314.091; division (D) of section
3314.13; divisions (E), (K), (L), (M),
(N), and (O) of section
3317.023; division (C) of section 3317.20;
and sections 3313.979
and 3313.981 of the Revised Code. However,
when calculating state
education aid for a school district for
fiscal years 2006 2008
and 2007 2009, include the amount computed
for the district under
Section 206.09.21 269.20.80 of Am. Sub.
H.B. 66 119 of the 126th
127th general assembly, as subsequently
amended, instead of
division (D) of section 3317.022 of the
Revised Code; and include
amounts calculated under Section
206.09.39 269.30.80 of that this
act, as subsequently amended; and
account for adjustments under
division (C)(2) of section 3310.41
of the Revised Code.
(5) "State education aid," for a joint vocational school
district, means the sum of the state aid amounts computed for the
district under division (N) of section 3317.024 and section
3317.16 of the Revised Code. However, when calculating state
education aid for a joint vocational school district for fiscal
years 2006 2008 and 2007 2009, include the amount computed for the
district under Section 206.09.42 269.30.90 of Am. Sub. H.B. 66 119
of the 126th 127th general assembly, as subsequently amended.
(6)
"State education aid offset" means the amount
determined
for
each school district
or joint vocational school
district under
division (A)(1) of section 5727.85
of
the Revised
Code.
(7)
"Recognized valuation" has
the same meaning as
in
section
3317.02 of the Revised Code.
(8)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(9)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(10)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(11)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(12)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(13)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or
levied in excess of the ten-mill limitation to pay
debt
charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(14)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(15)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B)
The kilowatt-hour tax receipts fund is hereby created
in
the state treasury and shall consist of money arising from the
tax
imposed by section
5727.81 of
the Revised Code. All money in
the
kilowatt-hour tax receipts fund shall be credited as follows:
(1) Fifty-nine and nine hundred seventy-six one-thousandths
Sixty-three
per
cent, shall be
credited to the general
revenue
fund.
(2) Two and six hundred forty-six one-thousandths per cent
shall
be credited to the local government fund, for distribution
in accordance
with section 5747.50 of the Revised Code.
(3) Three hundred seventy-eight one-thousandths per cent
shall be
credited to the local government revenue assistance fund,
for
distribution in accordance with section 5747.61 of the Revised
Code.
(4) Twenty-five and
four-tenths per cent
shall
be credited
to
the school district
property tax replacement
fund,
which is
hereby
created in the state
treasury for the
purpose of
making the
payments described in
section 5727.85 of the
Revised
Code.
(5)(3) Eleven and
six-tenths per cent shall be
credited to
the
local
government property tax replacement fund,
which is
hereby
created in the
state treasury for the purpose of
making the
payments described in
section 5727.86 of the Revised
Code.
(C)
The natural
gas tax receipts fund is hereby created
in
the state treasury and
shall consist of money arising from the
tax
imposed by section
5727.811 of the
Revised Code. All money in
the
fund shall be credited as follows:
(1)
Sixty-eight and seven-tenths per cent shall be
credited
to
the school
district property tax replacement fund for
the
purpose
of making
the
payments described in section 5727.85 of
the
Revised
Code.
(2) Thirty-one and three-tenths per cent shall be credited
to
the local
government
property tax replacement fund for the
purpose
of making
the payments
described in section 5727.86 of the
Revised
Code.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the applicable amounts described
in divisions
(D)(1) to (3)(4) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998
of
the assessed value from nuclear fuel materials and
assemblies
assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those
respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power
plant within its territory, any amount, resulting in an electric
company tax value loss, obtained by subtracting the amount
described in division (D)(1) of this section from the difference
obtained by subtracting the amount described in division (D)(3)(b)
of this section from the amount described in division (D)(3)(a) of
this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2000 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2001, and as apportioned to the taxing
district for tax year 2000;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2001 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2002, and as apportioned to the taxing
district for tax year 2001.
(4) In the case of a taxing district having a nuclear power
plant within its territory, the difference obtained by subtracting
the amount described in division (D)(4)(b) of this section from
the amount described in division (D)(4)(a) of this section,
provided that such difference is greater than ten per cent of the
amount described in division (D)(4)(a) of this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2005 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2006, and as apportioned to the taxing
district for tax year 2005;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2006 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2007, and as apportioned to the taxing
district for tax year 2006.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied
by the
tax rate in effect in
tax year 1998, and the
natural gas
company tax value loss multiplied
by the tax rate in
effect in tax
year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation
shall
include school district emergency levies
that existed in
1998
in the case
of the electric company tax value
loss, and 1999
in the case of the natural
gas company tax value
loss, and
all
other fixed-sum levies that existed in 1998 in the
case of the
electric
company tax value loss and 1999 in the case
of the
natural gas company tax
value loss
and continue to be
charged in
the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and
for all
years after 2006 in the case of all other
fixed-sum
levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss
and 1999
in the case of the natural gas company tax
value loss,
but are no
longer in effect in the tax year
preceding
the
distribution year. For the purposes of this section, an
emergency
levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax
value
loss, continues to exist in a year beginning on
or after
January 1, 2007, but before January 1, 2017, if, in
that
year, the
board of education levies a school district emergency
levy for
an
annual sum at least equal to the annual sum levied by
the board in
tax year
1998 or 1999, respectively, less the amount
of the
payment
certified under
this division for 2002.
(2) The total taxable value in tax year
1999 less the tax
value loss in each school
district, joint
vocational school
district, and local taxing unit
multiplied by
one-fourth of one
mill.
If the amount computed under division
(H) of this section
for
any
school district, joint vocational school district, or
local
taxing unit is
greater than zero, that amount shall equal
the
fixed-sum levy loss reimbursed
pursuant to division (E) of
section
5727.85 of the
Revised Code or division (A)(2)
of section
5727.86
of the Revised Code, and the one-fourth of one
mill that
is
subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this
section, in
computing the tax value loss, fixed-rate levy
loss,
and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district, the fixed-rate levy
loss calculated under
division (G) of this section, and the
fixed-sum levy loss
calculated under division (H) of this section.
The calculations
under divisions (G) and (H) of this section shall
separately
display the levy loss for each levy eligible for
reimbursement.
(K)
Not later than September 1, 2001, the tax commissioner
shall
certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5727.85. (A) By the thirty-first day of July of
each
year, beginning in 2002 and
ending in 2016, the department of
education shall determine the following for
each school district
and each joint vocational school district
eligible for payment
under division
(C)
or (D) of this section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division
(A)(1)(b)
of this section from the amount described in division
(A)(1)(a) of
this section:
(a) The state education aid computed for the school district
or joint vocational school district
for
the current fiscal year
as
of the
thirty-first day of July;
(b) The state education aid that would be computed for the
school
district
or joint vocational school district for the
current fiscal year
as of the thirty-first day of July if the
recognized valuation
included the tax
value loss for
the school
district
or joint vocational school district.
(2) The
greater of zero or the difference obtained by
subtracting the state
education
aid offset determined under
division (A)(1) of this
section from
the fixed-rate levy loss
certified under division
(J) of
section
5727.84 of
the Revised
Code for all taxing
districts in each
school district
and joint
vocational school district.
By the fifth day of August of each such year, the department
of education
shall certify the amount so
determined
under division
(A)(1) of this section to the director of budget
and management.
(B) Not later than the thirty-first day of October of
the
years 2006 through 2016, the
department of education shall
determine all of the following for each
school district:
(1) The amount obtained by subtracting the district's state
education aid computed for fiscal year 2002 from the district's
state
education aid computed for the current fiscal year;
(2) The inflation-adjusted property tax loss. The
inflation-adjusted property tax loss equals the fixed-rate levy
loss, excluding the tax loss from levies within the ten-mill
limitation to pay debt charges,
determined
under division (G) of
section 5727.84 of the
Revised
Code for all taxing districts in
each school district, plus
the
product obtained by multiplying
that
loss by the cumulative
percentage
increase in the consumer
price
index from January 1,
2002, to the
thirtieth day of June of
the
current year.
(3) The difference obtained by subtracting the amount
computed
under division (B)(1) from the amount of the
inflation-adjusted
property tax loss. If this difference is zero
or a negative number, no
further payments shall be made under
division (C) of this
section to the school district from the
school district property tax
replacement fund.
(C)
The department of education
shall pay from the school
district property
tax replacement fund
to
each school district
all
of the
following:
(1) In February 2002, one-half of the fixed-rate levy loss
certified under division
(J) of section 5727.84 of the
Revised
Code
between the
twenty-first and twenty-eighth days of February.
(2) From August 2002 through August 2017, one-half of
the
amount
calculated for that fiscal year under division
(A)(2) of
this section
between the twenty-first and twenty-eighth
days of
August and of February, provided the difference computed under
division (B)(3) of this section is not less than or equal to zero.
For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
The department of education shall report to each school
district the apportionment of the payments among the school
district's funds based on the certifications under division (J) of
section 5727.84 of the Revised Code.
(D) Not later than January 1, 2002, for all taxing
districts
in
each joint vocational school district, the tax commissioner
shall certify to
the
department
of education the
fixed-rate levy
loss determined
under
division
(G) of section
5727.84 of the
Revised
Code. From
February 2002 to
August 2016,
the
department
shall pay from
the school
district property tax
replacement fund
to the
joint vocational
school district one-half
of the
amount
calculated for that fiscal year under
division
(A)(2) of this
section between the twenty-first and
twenty-eighth
days of August
and of February.
(E)(1) Not later than January 1, 2002, for each fixed-sum
levy levied
by each school district
or joint vocational school
district and for each year for
which a determination is made
under
division
(H) of section 5727.84
of the Revised Code that a
fixed-sum levy loss is to be reimbursed, the
tax commissioner
shall certify to the
department
of education the
fixed-sum levy
loss determined under
that
division. The
certification shall
cover
a time period sufficient
to include all
fixed-sum
levies
for which
the tax commissioner
made such a
determination. The
department
shall pay from
the
school district
property tax
replacement fund
to the
school
district or joint vocational
school district
one-half
of the
fixed-sum levy
loss so certified
for each year
between the
twenty-first and twenty-eighth days of
August and of
February.
(2) Beginning in 2003, by the thirty-first day of
January of
each year, the tax commissioner shall review the
certification
originally made
under division (E)(1) of this section. If the
commissioner
determines that a
debt levy that had been
scheduled
to be reimbursed in
the current
year has expired, a
revised
certification for that and all
subsequent years shall be
made to
the
department of
education.
(F) If the balance of the half-mill equalization fund created
under section 3318.18 of the Revised Code is insufficient to make
the full amount of payments required under division (D) of that
section, the department of education, at the end of the third
quarter of the fiscal year, shall certify to the director of
budget and management the amount of the deficiency, and the
director shall transfer an amount equal to the deficiency from the
school district property tax replacement fund to the half-mill
equalization fund.
(G)
Beginning in August 2002,
and ending in May 2017,
the
director of budget and management
shall transfer from the
school
district property tax replacement
fund to the general
revenue fund
each of the following:
(1) Between the twenty-eighth day of August and the fifth
day
of September, the lesser of one-half of the amount certified
for
that fiscal year under division (A)(2) of this section or the
balance in the school district property tax replacement fund;
(2) Between the first and fifth days of May, the lesser of
one-half of the amount certified for that fiscal year under
division (A)(2) of this section or the balance in the school
district property tax replacement fund.
(H) On the first day of June each year, the director of
budget and management shall transfer any balance remaining in the
school district property tax replacement fund after the payments
have been made under divisions (C), (D), (E), (F), and (G) of this
section to the half-mill equalization fund created under section
3318.18 of the Revised Code to the extent required to make any
payments in the current fiscal year under that section, and shall
transfer the remaining balance to the general revenue fund.
(I) From fiscal year 2002 through fiscal year 2016,
if the
total amount in the school district property tax
replacement fund
is insufficient to make all payments under
divisions (C), (D),
(E), and (F) of this section
at the time the payments are
to be
made, the
director
of budget and management shall transfer
from
the general
revenue
fund to the school district property tax
replacement fund
the
difference between the total amount to be
paid and the total
amount in the school district property tax
replacement fund, except that no transfer shall be made by reason
of a deficiency to the extent that it results from the amendment
of section 5727.84 of the Revised Code by Amended Substitute House
Bill No. 95 of the 125th general assembly.
(J) If all of the territory of a school
district
or
joint
vocational school district is merged with an existing district, or
if a part of the territory of a school district or joint
vocational school district is
transferred
to
an existing or new
district,
the department of education, in
consultation
with the
tax commissioner, shall adjust the
payments
made under
this
section as follows:
(1) For the merger of all of the territory of two or more
districts, the fixed-rate levy loss and the fixed-sum levy loss of
the successor district shall be equal to the sum of the fixed-rate
levy losses and the fixed-sum levy losses for each of the
districts involved in the merger.
(2) For the transfer of a part of one district's territory to
an existing district, the amount of the fixed-rate levy loss that
is transferred to the recipient district shall be an amount equal
to the transferring district's total fixed-rate levy loss times a
fraction, the numerator of which is the value of electric company
tangible personal property located in the part of the territory
that was transferred, and the denominator of which is the total
value of electric company tangible personal property located in
the entire district from which the territory was transferred. The
value of electric company tangible personal property under this
division shall be determined for the most recent year for which
data is available. Fixed-sum levy losses for both districts shall
be determined under division (J)(4) of this section.
(3) For the transfer of a part of the territory of one or
more districts to create a new district:
(a) If the new district is created on or after January 1,
2000, but before January 1, 2005, the new district shall be paid
its current fixed-rate levy loss through August 2008 2009. From
February 2009 2010 to August 2016, the new district shall be paid
the lesser of: (i) the amount calculated under division (C)(2) of
this section or (ii) an amount equal to the new district's
fixed-rate levy loss multiplied by the percentage prescribed by
the following schedule:
YEAR |
PERCENTAGE |
2009 |
75% |
2010 |
70% |
2011 |
70% |
2012 |
60% |
2013 |
50% |
2014 |
40% |
2015 |
24% |
2016 |
11.5% |
2017 and thereafter |
0% |
Fixed-sum levy losses for the districts shall be determined
under division (J)(4) of this section.
(b) If the new district is created on or after January 1,
2005, the new district shall be deemed not to have any fixed-rate
levy loss or, except as provided in division (J)(4) of this
section, fixed-sum levy loss. The district or districts from which
the territory was transferred shall have no reduction in their
fixed-rate levy loss, or, except as provided in division (J)(4) of
this section, their fixed-sum levy loss.
(4) If a recipient district under division (J)(2) of this
section or a new district under division (J)(3)(a) or (b) of this
section takes on debt from one or more of the districts from which
territory was transferred, and any of the districts transferring
the territory had fixed-sum levy losses, the department of
education, in consultation with the tax commissioner, shall make
an equitable division of the fixed-sum levy losses.
(K) There is hereby created the public utility
property
tax
study
committee, effective January 1, 2011. The committee
shall
consist
of the following seven members: the tax
commissioner,
three
members of the senate appointed by the
president of the
senate,
and three members of the house of
representatives
appointed by the
speaker of the house of
representatives. The
appointments shall
be made not later than
January 31, 2011. The
tax commissioner shall be the
chairperson of
the committee.
The committee shall study the extent to which each school
district
or joint vocational school district has been compensated,
under
sections 5727.84 and 5727.85 of the Revised Code as enacted
by
Substitute Senate Bill No. 3 of the 123rd general assembly and
any
subsequent acts, for the property tax loss caused by the
reduction
in the assessment rates for natural gas, electric, and
rural electric company
tangible personal property. Not later than
June 30, 2011, the
committee shall issue a report of its findings,
including any
recommendations for providing additional
compensation for the
property tax loss or regarding remedial
legislation, to the
president of the senate and the speaker of the
house of
representatives, at which time the committee shall cease
to exist.
The department of taxation and department of education shall
provide such information and assistance as is required for the
committee to carry out its duties.
Sec. 5727.86. (A) Not later than January 1, 2002, the tax
commissioner shall
compute the payments to be made to each local
taxing unit for each year according to divisions (A)(1), (2),
(3),
and (4) and division (E) of this section, and shall
distribute the
payments in the manner prescribed by division (C)
of this section.
The
calculation of the fixed-sum
levy loss shall
cover a time
period sufficient to include all
fixed-sum levies
for which the
tax commissioner determined,
pursuant to division
(H) of section
5727.84 of the Revised Code,
that a fixed-sum levy
loss is
to be
reimbursed.
(1) Except as provided in
divisions (A)(3)
and (4)
of this
section,
for
fixed-rate levy losses determined under
division (G)
of
section
5727.84 of the Revised Code, payments
shall be made in
each of the
following years at the following
percentage of the
fixed-rate levy
loss certified under division
(A) of this section:
|
YEAR |
PERCENTAGE |
|
2002 |
100% |
|
2003 |
100% |
|
2004 |
100% |
|
2005 |
100% |
|
2006 |
100% |
|
2007 |
80% |
|
2008 |
80% |
|
2009 |
80% |
|
2010 |
80% |
|
2011 |
80% |
|
2012 |
66.7% |
|
2013 |
53.4% |
|
2014 |
40.1% |
|
2015 |
26.8% |
|
2016 |
13.5% |
|
2017 and thereafter |
0% |
(2) For fixed-sum levy losses determined under division
(H)
of
section 5727.84 of the Revised Code, payments shall be made in
the amount
of one hundred per cent of the
fixed-sum levy loss
for
payments required
to be made in 2002 and thereafter.
(3) A local taxing unit in a county of less than two hundred
fifty square miles that receives eighty per cent or more of its
combined general fund and bond retirement fund revenues from
property taxes and rollbacks based on 1997 actual revenues as
presented in its 1999 tax budget, and in which electric companies
and rural electric companies comprise over twenty per cent of its
property valuation, shall receive one hundred per cent of its
fixed-rate levy losses from electric company tax value losses
certified
under division (A) of this
section in years 2002 to
2016.
(4) For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
(B) Beginning in 2003, by the thirty-first day of January of
each
year, the tax commissioner shall review the
calculation
originally made under division (A) of this section of
the
fixed-sum levy loss determined under division (H) of
section
5727.84 of the Revised Code. If the commissioner determines that
a
fixed-sum levy that had been scheduled to be reimbursed in the
current year has expired, a revised
calculation for
that and all
subsequent years shall be made.
(C) Payments to local taxing units required to be made under
divisions (A) and (E) of this section shall be paid from the local
government property tax replacement fund to the county undivided
income tax fund in the proper county treasury. One-half of the
amount certified under those divisions shall be paid
between the
twenty-first and twenty-eighth days of August and of February.
The
county
treasurer shall distribute amounts paid under division
(A)
of this
section to the proper local taxing unit as if they had
been levied
and collected as taxes, and the local taxing unit
shall apportion
the amounts so received among its funds in the
same proportions as
if those amounts had been levied and collected
as taxes. Amounts Except in the case of amounts distributed to the
county as a local taxing unit, amounts
distributed under division
(E)(2) of this section
shall be credited
to the general fund of
the local taxing unit
that receives them. Amounts distributed to
each county as a local taxing unit under division (E)(2) of this
section shall be credited in the proportion that the current taxes
charged and payable from each levy of or by the county bears to
the total current taxes charged and payable from all levies of or
by the county.
(D) By February 5, 2002, the tax commissioner shall estimate
the
amount of money in the local government property tax
replacement
fund in excess of the amount necessary to make
payments in that
month under division (C) of this section.
Notwithstanding
division (A) of this section, the tax commissioner
may pay any
local taxing unit, from those excess funds, nine and
four-tenths
times the amount computed for 2002 under division
(A)(1) of this
section. A payment made under this division shall
be in lieu of
the payment to be made in February 2002 under
division (A)(1) of
this section. A local taxing unit receiving a
payment under this
division will no longer be entitled to any
further payments under
division (A)(1) of this section.
A payment
made under this division shall be paid from the local
government
property tax replacement fund to the county undivided income
tax
fund in the proper county treasury. The county treasurer
shall
distribute the payment to the proper local taxing unit as if
it
had been levied and collected as taxes, and the local taxing
unit
shall apportion the amounts so received among its funds in
the
same proportions as if those amounts had been levied and
collected
as taxes.
(E)(1) On the thirty-first day of July of 2002, 2003, 2004,
2005,
and 2006, and on the thirty-first day of January and July of
2007
and each year thereafter, if the amount credited to the local
government property tax replacement fund exceeds the amount needed
to be distributed from the fund under division (A) of this section
in the following month, the
tax
commissioner
shall distribute the
excess to each county as
follows:
(1)(a) One-half shall be distributed to each county in
proportion to
each county's population.
(2)(b) One-half shall be distributed to each county in the
proportion that the amounts determined under divisions (G)
and (H)
of section 5727.84 of the Revised Code for all local taxing
units
in
the county is of the total amounts so determined for all local
taxing
units in the state.
(2) The amounts distributed to each county under this
division (E) of this section
shall
be distributed by the county
treasurer auditor to
each local
taxing
unit in the county in the
proportion that the
unit's
current taxes
charged and payable are
of the total current
taxes
charged and
payable of all the local
taxing units in the
county. If the amount that the county auditor
determines to be distributed to a local taxing unit is less than
five dollars, that amount shall not be distributed, and the amount
not distributed shall remain credited to the county undivided
income tax fund. At the time of the next distribution under
division (E)(2) of this section, any amount that had not been
distributed in the prior distribution shall be added to the amount
available for the next distribution prior to calculation of the
amount to be distributed.
As used in
this division,
"current taxes
charged and
payable"
means the taxes
charged and payable as most
recently
determined
for local taxing
units in the county.
(3) If, in the opinion of the
tax commissioner,
the
excess
remaining in the local government
property tax
replacement
fund in
any year is not sufficient to
warrant
distribution under
this
division (E) of this section, the excess shall remain
to the
credit of the fund.
(F)
From fiscal year 2002 through fiscal year 2016, if the
total amount in the local government property tax
replacement fund
is insufficient to make all payments under
division (C) of this
section
at the times the payments are to be made, the
director of
budget and management shall transfer from the general
revenue fund
to the local government property tax replacement fund
the
difference between the total amount to be paid and the amount
in
the local government property tax replacement fund, except that no
transfer shall be made by reason of a deficiency to the extent
that it results from the amendment of section 5727.84 of the
Revised Code by Amended Substitute House Bill 95 of the 125th
general assembly.
(G) If all or a part of the territories of two or more local
taxing units are merged, or unincorporated territory of a township
is annexed by a municipal corporation, the tax commissioner shall
adjust the payments made under this section to each of the local
taxing units in proportion to the tax value loss apportioned to
the merged or annexed territory, or as otherwise provided by a
written agreement between the legislative authorities of the local
taxing units certified to the tax commissioner not later than the
first day of June of the calendar year in which the payment is to
be made.
Sec. 5727.87. (A) As used in this section:
(1)
"Administrative fees" means the dollar percentages
allowed by
the county auditor for services or by the county
treasurer as
fees, or paid to the credit of the real estate
assessment fund,
under divisions (A) and (B)(C) of section 319.54
and
division (A) of
section 321.26 of the Revised Code.
(2)
"Administrative fee loss" means a county's loss of
administrative fees due to its tax value loss, determined as
follows:
(a) For purposes of the determination made under division
(B)
of
this section in the years 2002 through 2006, the
administrative
fee loss shall be computed by multiplying the
amounts determined
for all taxing districts in the county under
divisions (G)
and (H)
of section 5727.84 of the Revised Code by
nine thousand six
hundred fifty-nine ten-thousandths of
one per
cent if total taxes
collected in the county in
1999
exceeded one
hundred
fifty million
dollars, or one and one
thousand one hundred
fifty-nine
ten-thousandths of
one per cent
if
total taxes
collected
in the
county in
1999 were
one
hundred fifty million
dollars or less;
(b) For purposes of the determination under division (B) of
this
section in the years 2007 through 2011, the administrative
fee
loss shall be the lesser of the amount computed under division
(A)(2)(a) of this section or the amount determined by subtracting
from the dollar amount
of
administrative fees collected in the
county in
1999,
the
dollar amount of administrative fees collected
in the
county
in
the current calendar year.
(3) "Total taxes collected" means all money collected on any
tax duplicate of the county, other than the estate tax duplicates.
"Total taxes collected" does not include amounts received pursuant
to divisions (F) and (G) of section 321.24 or section 323.156 of
the Revised Code.
(B)
Not later than the thirty-first day of December of 2001
through 2005, the tax commissioner shall certify to each county
auditor the tax levy losses calculated under divisions (G) and (H)
of section 5727.84 of the Revised Code for each school district,
joint vocational school district, and local taxing unit in the
county. Not later than the
thirty-first day of
January
of 2002
through
2011,
the county auditor shall determine the
administrative fee
loss for
the county
and apportion that loss
ratably among
the school districts,
joint vocational school
districts, and local
taxing units on the
basis of the tax levy
losses certified under
this division.
(C) On or before each of the days prescribed for the
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code
in the years 2002 through 2011, the county
treasurer
shall
deduct one-half of the amount
apportioned to each school
district, joint vocational school
district, and local taxing unit
from the portions of revenue
payable to them.
(D) On or before each of the days prescribed for
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code
in the years 2002 through 2011, the county auditor
shall cause to
be deposited an amount equal to one-half of the
amount of the
administrative
fee loss
in the same
funds as if allowed as
administrative fees.
After payment of the administrative fee loss on or before
August
10, 2011, all payments under this section shall cease.
Sec. 5733.12. (A) Four and two-tenths per cent of all All
payments received
from the taxes imposed
under sections 5733.06
and 5733.41 of the Revised Code shall be
credited to the local
government fund for distribution
in
accordance with section
5747.50 of the Revised Code, six-tenths of
one
per cent shall be
credited
to the local government revenue
assistance fund for
distribution in accordance
with section
5747.61 of
the Revised
Code, and ninety-five and two-tenths per
cent shall be
credited to
the general revenue fund.
(B) Except as otherwise provided under divisions (C) and
(D)
of this section, an
application to refund to the corporation the
amount
of taxes imposed under section 5733.06 of the Revised Code
that are overpaid,
paid illegally or erroneously, or paid on any
illegal, erroneous, or excessive assessment, with interest
thereon
as provided by section 5733.26 of the Revised Code, shall
be filed
with the tax commissioner, on the form prescribed by
the
commissioner, within three years from the date of the
illegal,
erroneous, or excessive payment of the tax, or within any
additional
period allowed by division (C)(2) of section 5733.031,
division (D)(2)
of section 5733.067, or division (A) of section
5733.11 of the
Revised Code. For purposes of division (B) of this
section, any payment that the applicant made before the due date
or extended due date for filing the report to which the payment
relates shall be deemed to have been made on the due date or
extended due date.
On the filing of the refund application, the commissioner
shall determine the amount of refund
to which the
applicant is
entitled. If the amount is not less than that
claimed the
commissioner shall certify
the amount
to the
director of budget
and management and treasurer of state
for
payment from the tax
refund fund created by section 5703.052
of
the Revised Code. If
the amount is less than that claimed, the
commissioner shall
proceed in accordance with section 5703.70 of
the Revised Code.
(C) "Ninety days" shall
be substituted for "three years" in
division
(B) of this section if the taxpayer satisfies both of
the
following:
(1) The taxpayer has applied for a refund based in whole
or
in part upon section 5733.0611 of the Revised Code;
(2) The taxpayer asserts that the imposition or collection
of
the tax imposed or charged by section 5733.06 of the Revised
Code
or any
portion of such tax violates the Constitution of the
United
States or the
Constitution of this state.
(D)(1) Division (D)(2) of this section applies
only if all
of
the following conditions are satisfied:
(a) A qualifying pass-through entity
pays an amount of the
tax imposed by section 5733.41 of the
Revised Code;
(b) The taxpayer is a qualifying investor as to that
qualifying pass-through
entity;
(c) The taxpayer did not claim the credit provided for in
section 5733.0611
of the Revised Code as to the tax described in
division (D)(1)(a) of this
section;
(d) The three-year period described
in division (B) of this
section has ended as to the taxable year for which the
taxpayer
otherwise would have claimed that credit.
(2) A taxpayer shall file an application for refund
pursuant
to this division within one year after the date the
payment
described in division
(D)(1)(a) of this section is made. An
application filed under this
division shall only claim refund of
overpayments resulting from
the taxpayer's failure to claim the
credit described in division
(D)(1)(c)
of this section. Nothing
in
this division shall be construed to
relieve a taxpayer from
complying with the provisions of
division (I)(14) of section
5733.04 of the Revised Code.
Sec. 5733.39. (A) As used in this section:
(1) "Compliance facility" means property that is designed,
constructed, or installed, and used, at a coal-fired electric
generating facility for the primary purpose of complying with
acid
rain control requirements under Title
IV of the "Clean Air Act
Amendments of 1990," 104
Stat. 2584, 42 U.S.C.A.
7651, and that
controls or limits emissions of sulfur or nitrogen
compounds
resulting from the combustion of coal through the
removal or
reduction of those compounds before, during, or after
the
combustion of the coal, but before the combustion products
are
emitted into the atmosphere. "Compliance facility" also
includes
any of the following:
(a) A facility that removes sulfur compounds from coal
before
the combustion of the coal and that is located off the
premises of
the electric generating facility where the coal
processed by the
compliance facility is burned;
(b) Modifications to the electric generating facility
where
the compliance facility is constructed or installed that
are
necessary to accommodate the construction or installation, and
operation, of the compliance facility;
(c) A byproduct disposal facility, as defined in section
3734.051 of the Revised Code, that exclusively disposes of wastes
produced by the compliance facility and other coal combustion
byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected regardless of
whether the byproduct disposal facility is located on the same
premises as the compliance facility or generating unit that
produces the wastes disposed of at the facility;
(d) Facilities or equipment that is acquired, constructed,
or
installed, and used, at a coal-fired electric generating
facility
exclusively for the purpose of handling the byproducts
produced by
the compliance facility or other coal combustion
byproducts
produced by the generating unit in or to which the
compliance
facility is incorporated or connected;
(e) A flue gas desulfurization system that is
connected to a
coal-fired electric generating unit;
(f) Facilities or equipment acquired, constructed,
or
installed, and used, at a coal-fired electric generating unit
primarily for the purpose of handling the byproducts produced by
a
compliance facility or other coal combustion byproducts
produced
by the generating unit in or to which the compliance
facility is
incorporated or connected.
(2) "Ohio coal" means coal mined from coal deposits in the
ground that are located within this state, regardless of the
location of the mine's tipple.
(3) "Sale and leaseback transaction" has the same meaning
as
in section 5727.01 of the
Revised
Code.
(B) An electric company shall be allowed a
nonrefundable
credit against the tax imposed by section 5733.06 of the
Revised
Code for
Ohio coal used in any of its
coal-fired electric
generating units after April 30, 2001, but before
January 1, 2008
2010. Section
5733.057 of the
Revised
Code shall apply when
calculating the credit allowed by this section. The credit
shall
be claimed at the following rates per ton of
Ohio coal burned in a
coal-fired electric generating unit during the taxable year
ending
immediately preceding the tax year: for tax years before tax year
2006, three dollars per ton; and for tax years 2006, 2007, and
2008, and 2009, one dollar per ton. The credit is
allowed only if
both of the following conditions are met during
such taxable year:
(1) The coal-fired electric generating unit is owned and
used
by the company claiming the credit or leased and used by
that
company under a sale and leaseback transaction.
(2) A compliance facility is attached to, incorporated
in, or
used in conjunction with the coal-fired generating
unit.
(C) The credit shall be
claimed in the order required under
section 5733.98 of the
Revised Code.
The taxpayer may carry
forward any credit amount in excess of
its tax due after allowing
for any other credits that precede the
credit allowed under this
section in the order required under section
5733.98 of the Revised
Code. The excess
credit may be carried forward
for three years
following the tax year for which it is
claimed under this section.
(D) The director of
environmental protection, upon the
request of the tax
commissioner, shall certify whether a facility
is a compliance
facility. In the case of a compliance facility
owned by an
electric company, the public utilities commission
shall certify
to the tax commissioner the cost of the facility as
of the date
it was placed in service. In the case of a compliance
facility
owned by a person other than an electric company, the tax
commissioner shall determine the cost of the facility as of the
date it was placed in service. If the owner of such a facility
fails to furnish the information necessary to make that
determination, no credit shall be allowed.
Sec. 5733.48. (A) As used in this section, "alternative
fuel," "retail dealer," and "retail service station" have the same
meanings as in section 5747.77 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against
the tax imposed by section 5733.06 of the Revised Code for a
retail dealer that sells alternative fuel. The credit may be
claimed for tax years 2008 and 2009. The credit for tax year 2008
shall equal fifteen cents per gallon of alternative fuel sold and
dispensed through a metered pump at the retail dealer's retail
service station during any part of calendar year 2007 that is
included in the dealer's taxable year ending in 2007. The credit
for tax year 2009 shall equal fifteen cents per gallon of
alternative fuel sold and dispensed through a metered pump at the
retail dealer's retail service station during any part of calendar
year 2007 that is included in the dealer's taxable year ending in
2008, plus thirteen cents per gallon of alternative fuel sold and
dispensed in that manner during any part of calendar year 2008
that is included in that taxable year. The credit shall be
calculated separately for each retail service station owned or
operated by the retail dealer.
(C) The retail dealer shall claim the credit under this
section in the order prescribed in section 5733.98 of the Revised
Code. The credit shall not exceed the amount of tax otherwise due
under section 5733.06 of the Revised Code after deducting any
other credits that precede the credit claimed under this section
in that order.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code:
(1) For tax year 2005, the credit for taxes paid by a
qualifying pass-through
entity allowed
under section 5733.0611 of
the Revised Code;
(2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section
5733.067
of the Revised Code;
(5) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code;
(7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code;
(8) The credit for employers that reimburse employee child
care expenses under section 5733.38 of the Revised
Code;
(9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code;
(10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code;
(11) The job retention credit under division (B) of section
5733.0610 of the Revised Code;
(12) The credit for purchases of new manufacturing
machinery
and equipment under section 5733.31 or section 5733.311
tax years
2008 and 2009 for selling alternative fuel under section 5733.48
of the
Revised Code;
(13) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code;
(14) The job training credit under section 5733.42 of
the
Revised
Code;
(15) The credit for qualified research expenses under
section
5733.351 of
the Revised Code;
(16) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(17) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(18) The credit for employers that establish on-site
child
day-care centers under section 5733.37 of the Revised
Code;
(19)
The ethanol plant investment credit under section
5733.46 of the Revised Code;
(20) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code;
(21) The export sales credit under section 5733.069 of
the
Revised Code;
(22) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code;
(23) The enterprise zone credits under section 5709.65
of
the
Revised Code;
(24) The credit for using Ohio coal under section
5733.39
of
the
Revised Code;
(25) The credit for small telephone companies under section
5733.57 of the Revised Code;
(26) The credit for eligible nonrecurring 9-1-1 charges under
section 5733.55 of the Revised Code;
(27) For tax year 2005, the credit for providing programs to
aid the communicatively impaired under division (A) of section
5733.56 of the Revised Code;
(28) The research and development credit under section
5733.352 of the Revised Code;
(29) For tax years 2006 and subsequent tax years, the credit
for taxes paid by a qualifying pass-through entity allowed under
section 5733.0611 of the Revised Code;
(30) The refundable credit for rehabilitating a historic
building under section 5733.47 of the Revised Code;
(31) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(32) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(33) The refundable credit under section 5733.49 of the
Revised Code for losses on loans made to the Ohio venture capital
program under sections 150.01 to 150.10 of the Revised Code;
(34) For tax years 2006, 2007, and 2008, the refundable
credit allowable under division (B) of section 5733.56 of the
Revised Code.
(B) For any credit except the
credits enumerated
in divisions
(A)(30) to (34) of this section, the amount of the
credit for a
tax year shall not
exceed
the tax due after allowing
for any other
credit that
precedes it
in the order required under
this section.
Any excess
amount of a
particular credit may be
carried forward if
authorized
under the
section creating that
credit.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided
in
section
5739.025 of the Revised Code, provided that on and after July 1,
2003, and on or before June 30, 2005, the rate of tax shall be six
per cent. On and after July 1, 2005, the rate of the tax shall be
five and one-half per cent. The tax applies and is collectible
when the sale is made,
regardless of the time when the price is
paid or delivered.
(2) In the case of the lease or rental, with a fixed term of
more than thirty days or an indefinite term with a minimum period
of more than thirty days, of any motor vehicles designed by the
manufacturer to carry a load of not more than one ton, watercraft,
outboard motor, or aircraft, or of any tangible personal property,
other than motor vehicles designed by the manufacturer to carry a
load of more than one ton, to be used by the lessee or renter
primarily for business purposes, the tax shall be collected by the
vendor at the time the lease or rental is consummated and shall be
calculated by the vendor on the basis of the total amount to be
paid by the lessee or renter under the lease agreement. If the
total amount of the consideration for the lease or rental includes
amounts that are not calculated at the time the lease or rental is
executed, the tax shall be calculated and collected by the vendor
at the time such amounts are billed to the lessee or renter. In
the case of an open-end lease or rental, the tax shall be
calculated by the vendor on the basis of the total amount to be
paid during the initial fixed term of the lease or rental, and for
each subsequent renewal period as it comes due. As used in this
division, "motor vehicle" has the same meaning as in section
4501.01 of the Revised Code, and "watercraft" includes an outdrive
unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or
similar provision that applies if the renewal clause is not
exercised is presumed to be a sham transaction. In such a case,
the tax shall be calculated and paid on the basis of the entire
length of the lease period, including any renewal periods, until
the termination penalty or similar provision no longer applies.
The taxpayer shall bear the burden, by a preponderance of the
evidence, that the transaction or series of transactions is not a
sham transaction.
(3) Except as provided in division (A)(2) of this section, in
the case of a sale, the price of which consists in whole
or in
part of the lease or rental of tangible personal property, the
tax
shall be measured by the
installments
of that lease or rental.
(4) In the case of a sale of a physical fitness facility
service or recreation and sports club service, the price of
which
consists in whole or in part of a membership for the
receipt
of
the benefit of the service, the tax applicable to the
sale
shall
be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A)
of section
5735.14 of the Revised Code; and the tax
commissioner
may deduct
the amount of tax levied by this section
applicable to
the price
of motor fuel when granting a
refund of motor fuel tax
pursuant to division (A) of
section 5735.14 of
the Revised Code
and shall cause the amount
deducted to be paid
into the general
revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telegraph company, all terms as defined in section
5727.01 of
the
Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed
directly
by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(a) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year, except as otherwise provided
in division (B)(9)(b) of this section. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that.
(b) The limitation on the number of days on which tax-exempt
sales may be made by a church or organization under division
(B)(9)(a) of this section does not apply to sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by or a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does.
(c) Divisions (B)(9)(a) and (b) of this section do not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) Except for transactions that are sales under division
(B)(3)(r) of section 5739.01 of the Revised Code, the
transportation of persons or property, unless the
transportation
is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to
construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures
or improvements; building and construction
materials
sold to
construction contractors for incorporation into
a
horticulture
structure or livestock structure for a person
engaged
in the
business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons primarily engaged in any of the
activities
mentioned in division (B)(42)(a) or (g) of this
section, to persons engaged in making retail sales, or to
persons
who purchase for sale from a manufacturer tangible
personal
property that was produced by the manufacturer in
accordance with
specific designs provided by the purchaser, of
packages, including
material, labels, and parts for packages, and
of
machinery,
equipment, and material for use primarily in
packaging
tangible
personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to
prepare packages
or products for labeling, or to
label packages or
products, by or on the order
of the person doing
the packaging, or
sold at retail.
"Packages"
includes bags,
baskets, cartons,
crates, boxes, cans, bottles,
bindings,
wrappings, and other
similar devices and containers, but does not include motor
vehicles or bulk tanks, trailers, or similar devices attached to
motor vehicles. "Packaging" means placing in a package. Division
(B)(15) of this section does not apply to persons engaged in
highway transportation for hire.
(16) Sales of food to persons using food stamp
benefits to
purchase the food. As used in this division,
"food" has the same
meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C.
2012, as amended, and federal
regulations
adopted pursuant to that
act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being that may be dispensed
only pursuant to a prescription;
insulin as recognized in the
official
United States pharmacopoeia; urine and blood testing
materials
when used by diabetics or persons with hypoglycemia to
test for
glucose or acetone; hypodermic syringes and needles when
used by
diabetics for insulin injections; epoetin alfa when
purchased for
use in
the treatment of persons with medical
disease;
hospital
beds when purchased
by hospitals, nursing homes,
or other medical facilities;
and medical oxygen and medical
oxygen-dispensing
equipment when purchased by hospitals, nursing
homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment
for home use, or mobility enhancing equipment, when made pursuant
to a prescription and when such devices or equipment are for use
by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this
state, if sold by the manufacturer in this state to a
retailer for
use in the retail business of the retailer outside of
this state
and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the
same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state under the circumstances described
in division (B) of section 5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division
(A) of section 5709.72 of the Revised Code, and sales of
tangible
personal property that qualifies for exemption from
taxation under
section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property
belonging to others by
a
person engaged in highway transportation
for hire, except for packages and packaging used for the
transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting
service vendor of
tangible personal property and services used
directly and
primarily in transmitting, receiving, switching, or
recording any
interactive, one- or two-way electromagnetic
communications, including
voice, image, data, and information,
through the use of any
medium, including, but not limited to,
poles, wires, cables,
switching equipment, computers, and record
storage devices and
media, and component parts for the tangible
personal property.
The exemption provided in this division
shall
be in lieu of all other exemptions under division (B)(42)(a) of
this
section to which the vendor may otherwise be entitled, based
upon the use of
the
thing purchased in providing the
telecommunications, mobile telecommunications, or satellite
broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(35)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(35) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(36) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(37) Sales of personal computers, computer monitors,
computer
keyboards,
modems, and other peripheral computer
equipment to an
individual who is
licensed or certified to teach
in an elementary
or a secondary school in this
state for use by
that individual in
preparation for teaching elementary or
secondary school students;
(38) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in
motor racing vehicles, including
engines, chassis, and all
other
components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(39) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(40) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this
division shall be in lieu of all other exemptions in division
(B)(42)(a) of this section to
which a provider
of electricity may
otherwise be entitled based on the use of the
tangible
personal
property or service purchased in generating,
transmitting, or
distributing electricity.
(41) Sales to a person providing services under division
(B)(3)(r) of section 5739.01 of the Revised Code of tangible
personal property and services used directly and primarily in
providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of
the following:
(a) To incorporate the thing transferred as a material or a
part into tangible personal property to be produced for sale by
manufacturing, assembling, processing, or refining; or to use or
consume the thing transferred directly in producing tangible
personal property for sale by mining, including, without
limitation, the extraction from the earth of all substances that
are classed geologically as minerals, production of crude oil and
natural gas, farming, agriculture, horticulture, or floriculture,
or directly in the rendition of a public utility service, except
that the sales tax levied by this section shall be collected upon
all meals, drinks, and food for human consumption sold when
transporting persons. Persons engaged in rendering farming,
agricultural, horticultural, or floricultural services, and
services in the exploration for, and production of, crude oil and
natural gas, for others are deemed engaged directly in farming,
agriculture, horticulture, and floriculture, or exploration for,
and production of, crude oil and natural gas. This paragraph does
not exempt from "retail sale" or "sales at retail" the sale of
tangible personal property that is to be incorporated into a
structure or improvement to real property.
(b) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as
evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial
fishing;
(e) To incorporate the thing transferred as a material or a
part into, or to use or consume the thing transferred directly in
the production of, magazines distributed as controlled circulation
publications;
(f) To use or consume the thing transferred in the production
and preparation in suitable condition for market and sale of
printed, imprinted, overprinted, lithographic, multilithic,
blueprinted, photostatic, or other productions or reproductions of
written or graphic matter;
(g) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service
contract, or similar agreement, as described in division (B)(7) of
section 5739.01 of the Revised Code, to repair or maintain
tangible personal property, if all of the property that is the
subject of the warranty, contract, or agreement would not be
subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and
development equipment;
(j) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member, or
by means of direct marketing. This division does not apply to
motor vehicles registered for operation on the public highways. As
used in this division, "affiliated group" has the same meaning as
in division (B)(3)(e) of section 5739.01 of the Revised Code and
"direct marketing" has the same meaning as in division (B)(35) of
this section.
(k) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or service
contract, or similar agreement the provision of which is defined
as a sale under division (B)(7) of section 5739.01 of the Revised
Code;
(l) To use or consume the thing transferred in the production
of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service
listed in division (B)(3) of section 5739.01 of the Revised Code,
if the property is or is to be permanently transferred to the
consumer of the service as an integral part of the performance of
the service.
As used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that
activates vacuum equipment or equipment that dispenses water,
whether or not in combination with soap or other cleaning agents
or wax, to the consumer for the consumer's use on the premises in
washing, cleaning, or waxing a motor vehicle, provided no other
personal property or personal service is provided as part of the
transaction.
(44) Sales of replacement and modification parts for engines,
airframes, instruments, and interiors in, and paint for, aircraft
used primarily in a fractional aircraft ownership program, and
sales of services for the repair, modification, and maintenance of
such aircraft, and machinery, equipment, and supplies primarily
used to provide those services.
(45) Sales of telecommunications service that is used
directly and primarily to perform the functions of a call center.
As used in this division, "call center" means any physical
location where telephone calls are placed or received in high
volume for the purpose of making sales, marketing, customer
service, technical support, or other specialized business
activity, and that employs at least fifty individuals that engage
in call center activities on a full-time basis, or sufficient
individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900
service to a subscriber. This division does not apply to
information services, as defined in division (FF) of section
5739.01 of the Revised Code.
(47) Sales of value-added non-voice data service. This
division does not apply to any similar service that is not
otherwise a telecommunications service.
(C) For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the
contrary
is established.
(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
(E) The tax collected by the vendor from the consumer under
this chapter is not part of the price, but is a tax collection for
the benefit of the state, and of counties levying an additional
sales tax pursuant to section 5739.021 or 5739.026 of the Revised
Code and of transit authorities levying an additional sales tax
pursuant to section 5739.023 of the Revised Code. Except for the
discount authorized under section 5739.12 of the Revised Code and
the effects of any rounding pursuant to section 5703.055 of the
Revised Code, no person other than the state or such a county or
transit authority shall derive any benefit from the collection or
payment of the tax levied by this section or section 5739.021,
5739.023, or 5739.026 of the Revised Code.
Sec. 5739.029. (A) Notwithstanding sections 5739.02,
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and
5741.023 of the Revised Code, and except as otherwise provided in
division (B) of this section, the tax due under this chapter on
the sale of a motor vehicle required to be titled under Chapter
4505. of the Revised Code by a motor vehicle dealer to a consumer
that is a nonresident of this state shall be the lesser of the
amount of tax that would be due under this chapter and Chapter
5741. of the Revised Code if the total combined rate were six per
cent, or the amount of tax that would be due, taking into
consideration all applicable credits and exemptions, to the state
in which the consumer titles or registers the motor vehicle or to
which the consumer removes the vehicle for use.
(B) No tax is due under this section, any other section of
this chapter, or Chapter 5741. of the Revised Code under any of
the following circumstances:
(1)(a) The consumer intends to immediately remove the motor
vehicle from this state for use outside this state;
(b) Upon removal of the motor vehicle from this state, the
consumer intends to title or register the vehicle in another state
if such titling or registration is required;
(c) The consumer executes an affidavit as required under
division (C) of this section affirming the consumer's intentions
under divisions (B)(1)(a) and (b) of this section; and
(d) The state in which the consumer titles or registers the
motor vehicle or to which the consumer removes the vehicle for use
provides an exemption under circumstances substantially similar to
those described in division (B)(1) of this section.
(2) The state in which the consumer titles or registers the
motor vehicle or to which the consumer removes the vehicle for use
does not provide a credit against its sales or use tax or similar
excise tax for sales or use tax paid to this state.
(3) The state in which the consumer titles or registers the
motor vehicle or to which the consumer removes the vehicle for use
does not impose a sales or use tax or similar excise tax on the
ownership or use of motor vehicles.
(C) Any nonresident consumer that purchases a motor vehicle
from a motor vehicle dealer in this state under the circumstances
described in divisions (B)(1)(a) and (b) of this section shall
execute an affidavit affirming the intentions described in those
divisions. The affidavit shall be executed in triplicate and in
the form specified by the tax commissioner. The affidavit shall be
given to the motor vehicle dealer.
A motor vehicle dealer that accepts in good faith an
affidavit presented under this division by a nonresident consumer
may rely upon the representations made in the affidavit.
(D) A motor vehicle dealer making a sale subject to the tax
under division (A) of this section shall collect the tax due
unless the sale is subject to the exception under division (B) of
this section or unless the sale is not otherwise subject to taxes
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In
the case of a sale under the circumstances described in division
(B)(1) of this section, the dealer shall retain one copy of the
affidavit and file the original and the other copy with the clerk
of the court of common pleas. If tax is due under division (A) of
this section, the dealer shall remit the tax collected to the
clerk at the time the dealer obtains the Ohio certificate of title
in the name of the consumer as required under section 4505.06 of
the Revised Code. The clerk shall forward the original affidavit
to the tax commissioner in the manner prescribed by the
commissioner.
Unless a sale is excepted from taxation under division (B) of
this section, upon receipt of an application for certificate of
title a clerk of the court of common pleas shall collect the sales
tax due under division (A) of this section. The clerk shall remit
the tax collected to the tax commissioner in the manner prescribed
by the commissioner.
(E) If a motor vehicle is purchased by a corporation
described in division (B)(6) of section 5739.01 of the Revised
Code, the state of residence of the consumer for the purposes of
this section is the state of residence of the corporation's
principal shareholder.
(F) Any provision of this chapter or of Chapter 5741. of the
Revised Code that is not inconsistent with this section applies to
sales described in division (A) of this section.
(G) As used in this section:
(1) For the purposes of this section only, the sale or
purchase of a motor vehicle does not include a lease or rental of
a motor vehicle subject to division (A)(2) or (3) of section
5739.02 or division (A)(2) or (3) of section 5741.02 of the
Revised Code;
(2) "State,"
except in reference to "this state," means any
state, district, commonwealth, or territory of the United States.
Sec. 5739.032. (A) If the total amount of tax required to
be
paid by a permit holder under section 5739.031 of the Revised
Code
for any calendar year
equals or exceeds seventy-five thousand
dollars, the permit holder shall remit each monthly tax payment
in
the second ensuing and each succeeding year by electronic
funds
transfer as prescribed by division (B) of this section.
If a permit holder's tax payment for each of two
consecutive
years is less than
seventy-five thousand dollars, the
permit
holder is relieved of the
requirement to remit taxes by
electronic
funds transfer for the
year that next follows the
second of the
consecutive years in
which the tax payment is less
than that
amount,
and is relieved of that requirement
for each succeeding
year,
unless the tax payment in a subsequent
year equals or
exceeds
seventy-five thousand dollars.
The tax commissioner shall notify each permit holder
required
to remit taxes by electronic funds transfer of the
permit holder's
obligation to do so, shall maintain an updated
list of those
permit holders, and shall timely certify the list
and any
additions thereto or deletions therefrom to the treasurer
of
state. Failure by the tax commissioner to notify a permit
holder
subject to this section to remit taxes by electronic funds
transfer does not relieve the permit holder of its obligation to
remit taxes by electronic funds transfer.
(B) Permit holders required by division (A) of this
section
to remit payments by electronic funds transfer shall
remit such
payments to the treasurer of state in the manner
prescribed by
this section and
rules adopted by the treasurer of state under
section
113.061 of the
Revised Code, and on or before the
following dates as follows:
(1) On or before each of the fifteenth and twenty-fifth days
of each month, a permit holder shall remit an amount equal to
thirty-seven and one-half per cent of the permit holder's total
tax liability for the same month in the preceding calendar year On
or before the twenty-third day of each month, a permit holder
shall remit an amount equal to seventy-five per cent of the
anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a permit
holder shall report the taxes due for the previous month and shall
remit that amount, less any amounts paid for that month as
required by division (B)(1) of this section.
The payment of taxes
by electronic
funds transfer does not
affect a permit holder's
obligation to
file the monthly return as
required under section
5739.031 of the
Revised Code.
(C) A permit holder required by this section to remit taxes
by
electronic funds transfer may apply to the treasurer of state
in
the manner prescribed by the treasurer of state to be excused
from that
requirement. The treasurer of state may excuse the
permit holder
from remittance by electronic funds transfer for
good cause shown
for the period of time requested by the permit
holder or for a
portion of that period. The treasurer of state
shall notify the tax
commissioner and the permit holder of the
treasurer of state's decision as
soon as is practicable.
(D)(1)(a) If a permit holder that is required to remit
payments under division (B) of this section fails to make a
payment, or makes a payment under division (B)(1) of this section
that is less than seventy-five per cent of the actual liability
for that month, the commissioner may impose an additional charge
not to exceed five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the
permit holder's payment under division (B)(1) of this section is
equal to or greater than seventy-five per cent of the permit
holder's reported liability for the same month in the immediately
preceding calendar year.
(2) If a permit holder required by this section to remit
taxes by electronic funds transfer remits those taxes by some
means other than by electronic funds transfer as prescribed by
this section and the rules adopted by the treasurer of state, and
the
tax commissioner determines that such failure was
not due to
reasonable cause or was due to willful neglect, the
commissioner
may impose an additional
charge not to exceed the lesser of five
per
cent of the amount of
the taxes
required to be paid by
electronic
funds transfer or five thousand dollars.
(3) Any
additional charge
imposed
under division (D)(1) or
(2) of this section is in addition to
any other penalty
or charge
imposed under this chapter, and shall
be considered as
revenue
arising from taxes imposed under this
chapter. An additional
charge may be collected by assessment in the manner prescribed by
section 5739.13 of the Revised Code. The tax
commissioner may
waive all or a portion of such
a charge and may
adopt rules
governing such waiver.
No additional charge shall be imposed under division (D)(2)
of this section
against a permit holder that has been notified of
its obligation
to remit taxes under this section and that remits
its first two
tax payments after such notification by some means
other than
electronic funds transfer. The additional charge may be
imposed
upon the remittance of any subsequent tax payment that the
permit
holder remits by some means other than electronic funds
transfer.
Sec. 5739.033. (A) Except as provided in division (B) of
this section, divisions (C) to (I) of this section apply to sales
made on and after May 1, 2006. Sales made before May 1, 2006, are
subject to section 5739.035 of the Revised Code. On and after
January 1, 2005, any January 1, 2008. Any vendor may previously
required to comply with divisions (C) to (I) of this section and
any vendor that irrevocably
elect elects to comply with divisions
(C) to (I) of this section for all
of the vendor's sales and
places of business in this state shall continue to source its
sales under those divisions.
The amount of tax due pursuant to sections
5739.02, 5739.021,
5739.023, and 5739.026 of the Revised Code is
the sum of the taxes
imposed pursuant to those sections at the
sourcing location of the
sale as determined under this
section or, if
applicable, under
division (C) of section 5739.031 or section 5739.034 of the
Revised Code, or at the situs of the sale as determined under
section 5739.035 of the Revised
Code. This section applies only to
a vendor's or seller's obligation to collect and remit sales taxes
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the
Revised Code or use taxes under section 5741.02, 5741.021,
5741.022, or 5741.023 of the Revised Code. Division (A) of this
section does not apply in determining the jurisdiction for which
sellers are required to collect the use tax under section 5741.05
of the Revised Code. This section does not affect the obligation
of a consumer to remit use taxes on the storage, use, or other
consumption of tangible personal property or on the benefit
realized of any service provided, to the jurisdiction of that
storage, use, or consumption, or benefit realized.
(B)(1) As used in this division:
(a) "Delivery sale" means the taxable sale of tangible
personal property or a service that is received by a consumer, or
a donee designated by the consumer, in a taxing jurisdiction that
is not the taxing jurisdiction in which the vendor has a fixed
place of business.
(b) "Agreement" has the same meaning as in section 5740.01 of
the Revised Code.
(c) "Governing board" has the same meaning as in section
5740.02 of the Revised Code.
(2)(a) A If the tax commissioner does not make the
certification under section 5740.10 of the Revised Code, a vendor
that is not required by division (A) of this section to situs
sales
under divisions (C) to (I) of this section on the date of
the
commissioner's certification may continue after that date to
situs
its sales under section 5739.035 of the Revised Code unless
it is
required, under division (B)(5) of this section, to situs
its
sales under divisions (C) to (I) of this section.
(3) Except as otherwise provided in divisions (B)(4) and (5)
of this section, a vendor with total delivery sales within this
state in prior calendar
year 2005 that are years, beginning with
calendar year 2007, of less
than thirty million five hundred
thousand dollars may continue to
situs its sales under section
5739.035 of the Revised Code from
May 1, 2006, through April 30,
2007, except that, if the tax
commissioner does not enter a
determination in the commissioner's
journal under division
(B)(2)(b) of this section, those dates
shall be May 1, 2006,
through December 31, 2007.
(b) On or before February 1, 2007, the tax commissioner shall
determine whether certified service provider services are being
provided by the governing board of the streamlined sales and use
tax agreement for all delivery sales. If the commissioner
determines that such services are being so provided, the
commissioner shall enter the determination in the commissioner's
journal and shall provide notice of the determination on the
department of taxation's official internet web site. If the
commissioner makes such an entry in the journal, then a vendor
with total delivery sales in calendar year 2006 that are less than
five million dollars may continue to situs its sales under section
5739.035 of the Revised Code from May 1, 2007, through December
31, 2007.
(3) Beginning January 1, 2008, all vendors shall source their
sales under divisions (C) to (I) of this section.
(4) Once a vendor has total delivery sales that exceed the
dollar amount in division (B)(2)(a) or (b) of this section in this
state of five hundred thousand dollars or more for a prior
calendar
year, the vendor shall source its sales under divisions
(C) to (I)
of this section and shall continue to source its sales
under those
divisions, regardless of the amount of the vendor's
total delivery
sales in future years.
(5) A vendor permitted under division (B)(3) of this section
to situs its sales under section 5739.035 of the Revised Code that
fails to provide, absent a clerical error, the notices required
under division (I)(1) of
section 5739.035 of the Revised Code
shall situs all subsequent
sales as required under divisions (C)
to (I) of this section.
(C) Except
for sales, other than leases, of titled motor
vehicles, titled
watercraft, or titled outboard motors as provided
in section
5741.05 of the Revised Code, or as otherwise provided
in
this
section
and section
5739.034 of the
Revised Code,
all
sales
shall be sourced as follows:
(1) If the consumer or a
donee designated by the consumer
receives
tangible personal property
or a service at a vendor's
place of business, the sale
shall be sourced to that place of
business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the sale
shall be
sourced to
the location known to the vendor where
the consumer or
the donee designated by the consumer receives the
tangible
personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee.
(3) If divisions (C)(1) and (2) of this section do not
apply,
the sale shall be sourced to
the location indicated by an address
for the
consumer that is
available from the vendor's business
records
that are
maintained in the ordinary course of the
vendor's
business, when
use of that address does not constitute
bad faith.
(4) If divisions (C)(1), (2), and (3) of this section do
not
apply, the sale shall be sourced to
the location indicated by an
address for the
consumer obtained
during the consummation of the
sale, including
the address
associated with the consumer's payment
instrument, if
no other
address is available, when use of that
address does not
constitute
bad faith.
(5) If divisions (C)(1), (2), (3), and (4) of this section
do
not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the sale shall be sourced to
the
address from which tangible
personal property was shipped,
or from
which the service was
provided, disregarding any
location
that
merely provided the
electronic transfer of the
property sold
or
service provided.
(6) As used in division (C) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this
section, a business consumer that is not a holder of
a direct
payment permit granted under section 5739.031 of the
Revised Code,
that purchases a digital good, computer software, except computer
software received in person by a business consumer at a vendor's
place of business, or a
service, and that knows at the time of
purchase that such digital good, software, or service will be
concurrently
available for use in more than one taxing
jurisdiction shall
deliver to the vendor in conjunction with its
purchase an exemption certificate claiming multiple
points of use,
or shall meet the requirements of division (D)(2) of this section.
On receipt of the exemption certificate claiming multiple points
of use, the vendor is relieved of its obligation to
collect, pay,
or remit the tax due, and the business consumer must
pay the tax
directly to the state.
(b) A business consumer that delivers the exemption
certificate claiming multiple points of use to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the digital good, computer software, or service that is
supported by the consumer's business records as they existed at
the
time of the sale. The business consumer shall report and pay
the appropriate tax to each jurisdiction where concurrent use
occurs. The tax due shall be calculated as if the apportioned
amount of the digital good, computer software, or service had been
delivered to each jurisdiction to which the sale is apportioned
under this division.
(c) The exemption certificate claiming multiple points of use
shall remain
in effect for all future sales by the vendor to the
business consumer until
it is revoked in writing by the business
consumer, except as to the business
consumer's specific
apportionment of a subsequent sale under
division (D)(1)(b) of
this section and the facts existing at the time of
the sale.
(2) When the vendor knows that a digital good, computer
software, or service sold will be concurrently available for use
by the business consumer in more than one jurisdiction, but the
business consumer does not provide an exemption certificate
claiming multiple points of use as required by division (D)(1) of
this section, the vendor may work with the business consumer to
produce the correct apportionment. Governed by the principles of
division (D)(1)(b) of this section, the vendor and business
consumer may use any reasonable, but consistent and uniform,
method of apportionment that is supported by the vendor's and
business consumer's books and records as they exist at the time
the sale is reported for purposes of the taxes levied under this
chapter. If the business consumer certifies to the accuracy of the
apportionment and the vendor accepts the certification, the vendor
shall collect and remit the tax accordingly. In the absence of bad
faith, the vendor is relieved of any further obligation to collect
tax on any transaction where the vendor has collected tax pursuant
to the information certified by the business consumer.
(3) When the vendor knows that the digital good, computer
software, or service will be concurrently available for use in
more than one jurisdiction, and the business consumer does not
have a direct pay permit and does not provide to the vendor an
exemption certificate claiming multiple points of use as required
in division (D)(1) of this section, or certification pursuant to
division (D)(2) of this section, the vendor shall collect and
remit the tax based on division (C) of this section.
(4) Nothing in this section shall limit a person's obligation
for sales or use tax to any state in which a digital good,
computer software, or service is concurrently available for use,
nor limit a person's ability under local, state, or federal law,
to claim a credit for sales or use taxes legally due and paid to
other jurisdictions.
(E) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver an
exemption certificate claiming
multiple points of use to a vendor.
But such
permit holder shall comply with division (D)(2) of this
section in
apportioning the tax due on a digital good, computer
software, or a
service for use in business that will be
concurrently available for use in more than
one taxing
jurisdiction.
(F)(1) Notwithstanding divisions (C)(1) to (5) of this
section, the consumer of direct mail that is not a holder of a
direct payment permit shall provide to the vendor in conjunction
with the sale either an exemption certificate claiming direct mail
prescribed by the tax commissioner, or information to show the
jurisdictions to which the direct mail is delivered to recipients.
(2) Upon receipt of such exemption certificate, the vendor is
relieved of all obligations to collect, pay, or remit the
applicable tax and the consumer is obligated to pay that tax on a
direct pay basis. An exemption certificate claiming direct mail
shall remain in effect for all future sales of direct mail by the
vendor to the consumer until it is revoked in writing.
(3) Upon receipt of information from the consumer showing the
jurisdictions to which the direct mail is delivered to recipients,
the vendor shall collect the tax according to the delivery
information provided by the consumer. In the absence of bad faith,
the vendor is relieved of any further obligation to collect tax on
any transaction where the vendor has collected tax pursuant to the
delivery information provided by the consumer.
(4) If the consumer of direct mail does not have a direct
payment permit and does not provide the vendor with either an
exemption certificate claiming direct mail or delivery information
as required by division (F)(1) of this section, the vendor shall
collect the tax according to division (C)(5) of this section.
Nothing in division (F)(4) of this section shall limit a
consumer's obligation to pay sales or use tax to any state to
which the direct mail is delivered.
(5) If a consumer of direct mail provides the vendor with
documentation of direct payment authority, the consumer shall not
be required to provide an exemption certificate claiming direct
mail or delivery information to the vendor.
(G) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the sale shall be sourced to
the
location where the lodging
is
located.
(H)(1) As used in this division and division (I) of this
section, "transportation equipment" means any of the following:
(a) Locomotives and railcars that are utilized for the
carriage of persons or property in interstate commerce.
(b) Trucks and truck-tractors with a gross vehicle weight
rating of greater than ten thousand pounds, trailers,
semi-trailers, or passenger buses that are registered through the
international registration plan and are operated under authority
of a carrier authorized and certificated by the United States
department of transportation or another federal authority to
engage in the carriage of persons or property in interstate
commerce.
(c) Aircraft that are operated by air carriers authorized and
certificated by the United States department of transportation or
another federal authority to engage in the carriage of persons or
property in interstate or foreign commerce.
(d) Containers designed for use on and component parts
attached to or secured on the items set forth in division
(H)(1)(a), (b), or (c) of this section.
(2) A sale, lease, or rental of transportation equipment
shall be sourced pursuant to division (C) of this section.
(I)(1) A lease or rental of tangible personal property that
does not require recurring periodic payments shall be sourced
pursuant to division (C) of this section.
(2) A lease or rental of tangible personal property that
requires recurring periodic payments shall be sourced as follows:
(a) In the case of a motor vehicle, other than a motor
vehicle that is transportation equipment, or an aircraft, other
than an aircraft that is transportation equipment, such lease or
rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental taxed
pursuant to division (A)(2) of section 5739.02 of the Revised Code
shall be sourced to the primary property location at the time the
lease or rental is consummated. Any subsequent taxable charges on
the lease or rental shall be sourced to the primary property
location for the period in which the charges are incurred.
(ii) For a lease or rental taxed pursuant to division (A)(3)
of section 5739.02 of the Revised Code, each lease or rental
installment shall be sourced to the primary property location for
the period covered by the installment.
(b) In the case of a lease or rental of all other tangible
personal property, other than transportation equipment, such lease
or rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental that is
taxed pursuant to division (A)(2) of section 5739.02 of the
Revised Code shall be sourced pursuant to division (C) of this
section at the time the lease or rental is consummated. Any
subsequent taxable charges on the lease or rental shall be sourced
to the primary property location for the period in which the
charges are incurred.
(ii) For a lease or rental that is taxed pursuant to division
(A)(3) of section 5739.02 of the Revised Code, the initial lease
or rental installment shall be sourced pursuant to division (C) of
this section. Each subsequent installment shall be sourced to the
primary property location for the period covered by the
installment.
(3) As used in division (I) of this section, "primary
property location" means an address for tangible personal property
provided by the lessee or renter that is available to the lessor
or owner from its records maintained in the ordinary course of
business, when use of that address does not constitute bad faith.
Sec. 5739.035. This section only applies to sales that are
required to may be sitused under this section pursuant to division
(A) or (B) of section 5739.033 of the Revised Code.
(A) Except as otherwise provided in this section,
the situs
of
all sales
is the
vendor's
place of business.
(1) If the consumer or the consumer's agent takes possession
of the
tangible personal property at a place of business of the
vendor
where the purchase contract or agreement was made,
the
situs of the sale
is
that place of business.
(2) If the consumer or the consumer's agent takes possession
of the
tangible personal property other than at a place of
business of
the vendor, or takes possession at a warehouse or
similar
facility of the vendor,
the situs of the sale is
the
vendor's
place of business where the purchase
contract or
agreement was
made or the purchase order was received.
(3) If the vendor provides a service specified in division
(B)(3)(a), (b), (c), (d), (n),
(o), (q), (r), or (s) of section
5739.01 or makes a sale specified in division (B)(8) of section
5739.01 of the
Revised
Code,
the situs of the sale is
the vendor's
place of
business
where the service is performed or the contract
or
agreement for
the service was made or the purchase order was
received.
(B) If the vendor is a transient vendor as specified in
division (B) of section 5739.17 of the Revised Code,
the situs of
the sale is
the
vendor's
temporary place of business or, if the
transient vendor
is the
lessor of titled motor vehicles, titled
watercraft, or
titled
outboard motors, at the location where the
lessee keeps the
leased
property.
(C) If the vendor makes sales of tangible personal
property
from a stock of goods carried in a motor vehicle, from
which the
purchaser makes selection and takes possession, or from
which the
vendor sells tangible personal property the quantity of
which has
not been determined prior to the time the purchaser
takes
possession,
the situs of the sale is
the location of the motor
vehicle when the sale is
made.
(D) If the vendor is a delivery vendor as specified in
division (D) of section 5739.17 of the Revised Code,
the situs of
the sale is
the place
where the
tangible personal property is
delivered, where the
leased
property
is used, or where the service
is performed or
received.
(E) If the vendor provides a service specified in division
(B)(3)(e), (g), (h), (j), (k), (l),
(m), (p), or (t) of section
5739.01 of
the Revised Code,
the situs of the sale is
the
location
of the
consumer where the
service is
performed or
received.
(F) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code,
the situs of the sale is
the
location where the lodging is
located.
(G) If the vendor sells a warranty, maintenance or service
contract, or similar agreement as specified in division (B)(7) of
section 5739.01 of the Revised Code and the vendor is a delivery
vendor,
the situs of the sale is
the location of the consumer.
If
the vendor is not
a delivery
vendor,
the situs of the sale is
the
vendor's place of business
where the contract or agreement
was
made, unless the warranty or
contract is a component of the
sale
of a titled motor vehicle,
titled watercraft, or titled
outboard
motor, in which case
the
situs of the sale is
the county of
titling.
(H) Except as otherwise provided in this division, if the
vendor
sells a prepaid authorization number or a prepaid telephone
calling card,
the situs of the
sale is
the vendor's place of
business
and shall be
taxed
at the time of sale. If the vendor
sells
a prepaid
authorization
number or prepaid telephone calling
card
through a
telephone call,
electronic commerce, or any other
form
of remote
commerce,
the situs of the
sale is
the consumer's
shipping address, or, if there is no item
shipped, at the
consumer's billing address.
(I) Division (I) of this section applies only if the tax
commissioner makes the certification provided under section
5740.10 of the Revised Code.
(1) In each delivery sale by a vendor permitted to
situs its
sales under this section, the vendor shall clearly
indicate on
the invoice or other similar document provided to the
purchaser
at the time of the sale that the vendor is a vendor
permitted to
situs its sales under this section.
(2) A purchaser that receives tangible personal property or
services in a delivery sale from a vendor permitted to situs its
sales under this section may claim a refund of the tax the vendor
collected and remitted on the sale in an amount equal to the
excess of the tax collected and remitted over the tax that would
have been due if the sale had been sitused to the tax jurisdiction
in which the purchaser received the property or service.
A refund is authorized under this division only if the
invoice or other similar document provided to the purchaser at the
time of the sale includes the notice required under division
(I)(1) of this section.
Refunds shall be filed directly with the tax commissioner and
claimed in the manner prescribed by section
5739.07 of the
Revised Code.
(3) A purchaser of tangible personal property from a vendor
permitted to situs its sales under this section that removes the
property from the tax jurisdiction in which the resident received
the property is liable for additional tax in an amount equal to
the excess of the tax that would have been due on the sale if the
sale had been sitused to the tax jurisdiction to which the
purchaser removed the property over the tax that the vendor
collected and remitted on the sale.
(4) Nothing in this section relieves a person claiming to be
authorized to situs sales under this section, but not so
authorized, from liability for tax, penalty, interest, or
additional charges imposed under this chapter for failure to
collect the amount of tax lawfully due applying the situsing
provisions of divisions (C) to (I) of section 5739.033 of the
Revised Code.
(5) For the purposes of division (I) of this section,
"delivery sale" has the same meaning as in section 5739.033 of the
Revised Code, and "tax jurisdiction" has the same meaning as in
section 5739.24 of the Revised Code.
Sec. 5739.09. (A)(1) A board of county
commissioners may,
by
resolution adopted by a majority of the
members of the board,
levy
an excise tax not to exceed three per
cent on transactions
by
which lodging by a hotel is or is to be
furnished to transient
guests. The board shall establish all
regulations necessary to
provide for the administration and
allocation of the tax.
The
regulations may prescribe the time for
payment of the tax, and
may
provide for the imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per
annum prescribed
pursuant to
section 5703.47 of the Revised Code.
Except
as
provided
in
divisions (A)(2), (3), (4), and (5), (6), and (7) of
this section,
the
regulations
shall
provide, after deducting the real and actual
costs of
administering the tax, for the return to each municipal
corporation or township that does not levy an excise tax on
the
transactions, a uniform percentage of the tax collected in the
municipal corporation or in the unincorporated portion of the
township from each
transaction, not to exceed thirty-three
and
one-third per cent. The remainder of the revenue arising
from
the
tax shall be deposited in a separate fund and shall be
spent
solely to make contributions to the convention and
visitors'
bureau operating within the county, including a pledge
and
contribution of any portion of
the remainder pursuant to an
agreement authorized by section 307.695 of the Revised Code,
provided that if the board of county commissioners of an eligible
county as defined in section 307.695 of the Revised Code adopts a
resolution amending a resolution levying a tax under this division
to provide that the revenue from the tax shall be used by the
board as described in division (H) of section 307.695 of the
Revised Code, the remainder of the revenue shall be used as
described in the resolution making that amendment.
Except as
provided
in division (A)(2), (3), (4), or (5), (6), or (7) or (H)
of
this
section, on
and after May 10, 1994, a board of county
commissioners may not
levy an excise tax pursuant to this
division
in any municipal
corporation or township located wholly
or partly
within the county
that has in effect an ordinance or
resolution
levying an excise
tax pursuant to division (B) of this
section.
The board of a
county that has levied a tax under
division (C) of
this section
may, by resolution adopted within
ninety days after
July 15, 1985,
by a majority of the members of
the board, amend
the resolution
levying a tax under this division
to provide for a
portion of that
tax to be pledged and
contributed in accordance
with an agreement
entered
into under section
307.695 of the
Revised
Code. A tax,
any revenue from which is
pledged pursuant
to
such
an agreement,
shall remain in effect at
the rate at which
it
is
imposed for the
duration of the period
for which the revenue
from the tax has been so
pledged.
The board of county commissioners of an eligible county as
defined in section 307.695 of the Revised Code may, by resolution
adopted by a majority of the members of the board, amend a
resolution levying a tax under this division to provide that the
revenue from the tax shall be used by the board as described in
division (H) of section 307.695 of the Revised Code, in which case
the tax shall remain in effect at the rate at which it was imposed
for the duration of any agreement entered into by the board under
section 307.695 of the Revised Code, the duration during which any
securities issued by the board under that section are outstanding,
or the duration of the period during which the board owns a
project as defined in section 307.695 of the Revised Code,
whichever duration is longest.
(2) A board of county commissioners that levies an excise
tax
under division (A)(1) of this section on June 30,
1997, at a
rate
of
three per cent, and that has pledged revenue from the
tax
to an
agreement entered into under section 307.695 of the Revised
Code
or, in the case of the board of county commissioners of an
eligible county as defined in section 307.695 of the Revised Code,
has amended a resolution levying a tax under division (C) of this
section to provide that proceeds from the tax shall be used by the
board as described in division (H) of section 307.695 of the
Revised Code, may, at any time by a resolution adopted by a
majority of the members of the board, amend the resolution levying
a tax under division (A)(1) of this section
to provide for an
increase in the rate of that tax up to seven per cent on each
transaction; to provide that revenue from the increase in the rate
shall be used as described in division (H) of section 307.695 of
the Revised Code or be
spent solely to make contributions to the
convention and
visitors' bureau
operating within the county to be
used
specifically for promotion,
advertising, and marketing of the
region in which the county is located; and to
provide that the
rate in
excess of the three per cent levied under division
(A)(1)
of this
section shall remain in effect at the rate at which it
is
imposed
for the duration of the period during which any agreement
is in
effect that was entered into under section 307.695 of the
Revised
Code by the
board of county commissioners levying a tax
under
division (A)(1) of this
section, the duration of the period
during which any securities issued by the board under division (I)
of section 307.695 of the Revised Code are outstanding, or the
duration of the period during which the board owns a project as
defined in section 307.695 of the Revised Code, whichever duration
is longest. The amendment also shall provide that no portion of
that revenue need be
returned to townships or municipal
corporations as would otherwise be required
under division (A)(1)
of this section.
(3) A board of county commissioners that levies a tax under
division (A)(1) of this section on March 18, 1999, at a rate of
three per
cent may, by resolution adopted not later
than
forty-five days after March
18, 1999, amend the resolution
levying
the tax to provide for all of the following:
(a) That the rate of the tax shall be increased by not more
than
an additional four per cent on each transaction;
(b) That all of the revenue from the increase in
the rate
shall
be
pledged and contributed to a convention facilities
authority
established by
the board of county commissioners under
Chapter
351. of the
Revised Code on or before November 15, 1998,
and
used
to pay costs of constructing,
maintaining, operating, and
promoting a facility in the county, including
paying bonds, or
notes issued in anticipation of bonds, as provided by that
chapter;
(c) That no portion of the revenue arising from the increase
in
rate need be returned to municipal corporations or townships as
otherwise
required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to
diminution
by initiative or referendum or by law while any bonds,
or notes in
anticipation of bonds, issued by the authority under
Chapter 351. of
the Revised Code to which the revenue is pledged,
remain
outstanding in accordance with their terms, unless
provision is made by law or
by the board of county commissioners
for an adequate substitute therefor that
is satisfactory to the
trustee if a trust agreement secures the bonds.
Division (A)(3) of this
section does not apply to the board
of county commissioners of
any county in which a convention center
or facility exists or is
being constructed on November
15, 1998,
or of any county in which a convention facilities
authority levies
a tax pursuant to section 351.021 of the
Revised Code on that
date.
As used in division (A)(3) of this section,
"cost" and
"facility"
have the same meanings as in section 351.01 of the
Revised
Code, and
"convention center" has the same meaning as in
section
307.695 of the Revised Code.
(4) A board of county commissioners that levies a tax under
division (A)(1) of this section on June 30, 2002, at a rate of
three per cent may, by resolution adopted not later than September
30, 2002, amend the resolution levying the tax to provide for all
of the following:
(a) That the rate of the tax shall be increased by not more
than an additional three and one-half per cent on each
transaction;
(b) That all of the revenue from the increase in rate shall
be pledged and contributed to a convention facilities authority
established by the board of county commissioners under Chapter
351. of the Revised Code on or before May 15, 2002, and be used to
pay costs of constructing, expanding, maintaining, operating, or
promoting a convention center in the county, including paying
bonds, or notes issued in anticipation of bonds, as provided by
that chapter;
(c) That no portion of the revenue arising from the increase
in rate need be returned to municipal corporations or townships as
otherwise required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to
diminution by initiative or referendum or by law while any bonds,
or notes in anticipation of bonds, issued by the authority under
Chapter 351. of the Revised Code to which the revenue is pledged,
remain outstanding in accordance with their terms, unless
provision is made by law or by the board of county commissioners
for an adequate substitute therefor that is satisfactory to the
trustee if a trust agreement secures the bonds.
As used in division (A)(4) of this section, "cost" has the
same meaning as in section 351.01 of the Revised Code, and
"convention center" has the same meaning as in section 307.695 of
the Revised Code.
(5)(a) As used in division (A)(5) of this section:
(i) "Port authority" means a port authority created under
Chapter 4582. of the Revised Code.
(ii) "Port authority military-use facility" means port
authority facilities on which or adjacent to which is located an
installation of the armed forces of the United States, a reserve
component thereof, or the national guard and at least part of
which is made available for use, for consideration, by the armed
forces of the United States, a reserve component thereof, or the
national guard.
(b) For the purpose of contributing revenue to pay operating
expenses of a port authority that operates a port authority
military-use facility, the board of county commissioners of a
county that created, participated in the creation of, or has
joined such a port authority may do one or both of the following:
(i) Amend a resolution previously adopted under division
(A)(1) of this section to designate some or all of the revenue
from the tax levied under the resolution to be used for that
purpose, notwithstanding that division;
(ii) Amend a resolution previously adopted under division
(A)(1) of this section to increase the rate of the tax by not more
than an additional two per cent and use the revenue from the
increase exclusively for that purpose.
(c) If a board of county commissioners amends a resolution to
increase the rate of a tax as authorized in division (A)(5)(b)(ii)
of this section, the board also may amend the resolution to
specify that the increase in rate of the tax does not apply to
"hotels," as otherwise defined in section 5739.01 of the Revised
Code, having fewer rooms used for the accommodation of guests than
a number of rooms specified by the board.
(6) A board of county commissioners of a county organized
under a county charter adopted pursuant to Article X, Section 3,
Ohio Constitution, and that levies an excise tax under division
(A)(1) of this section at a rate of three per cent and levies an
additional excise tax under division (E) of this section at a rate
of one and one-half per cent may, by resolution adopted not later
than January 1, 2008, by a majority of the members of the board,
amend the resolution levying a tax under division (A)(1) of this
section to provide for an increase in the rate of that tax by not
more than an additional one per cent on transactions by which
lodging by a hotel is or is to be furnished to transient guests.
Notwithstanding divisions (A)(1) and (E) of this section, the
resolution shall provide that all of the revenue from the increase
in rate, after deducting the real and actual costs of
administering the tax, shall be used to pay the costs of
improving, expanding, equipping, financing, or operating a
convention center by a convention and visitors' bureau in the
county. The increase in rate shall remain in effect for the period
specified in the resolution, not to exceed ten years. The increase
in rate shall be subject to the regulations adopted under division
(A)(1) of this section, except that the resolution may provide
that no portion of the revenue from the increase in the rate shall
be returned to townships or municipal corporations as would
otherwise be required under that division.
(7) Division (A)(7) of this section applies only to a county
with a population greater than sixty-five thousand and less than
seventy thousand according to the most recent federal decennial
census and in which, on December 31, 2006, an excise tax is levied
under division (A)(1) of this section at a rate not less than and
not greater than three per cent, and in which the most recent
increase in the rate of that tax was enacted or took effect in
November 1984.
The board of county commissioners of a county to which this
division applies, by resolution adopted by a majority of the
members of the board, may increase the rate of the tax by not more
than one per cent on transactions by which lodging by a hotel is
or is to be furnished to transient guests. The increase in rate
shall be for the purpose of paying expenses deemed necessary by
the convention and visitors' bureau operating in the county to
promote travel and tourism. The increase in rate shall remain in
effect for the period specified in the resolution, not to exceed
twenty years, provided that the increase in rate may not continue
beyond the time when the purpose for which the increase is levied
ceases to exist. If revenue from the increase in rate is pledged
to the payment of debt charges on securities, the increase in rate
is not subject to diminution by initiative or referendum or by law
for so long as the securities are outstanding, unless provision is
made by law or by the board of county commissioners for an
adequate substitute for that revenue that is satisfactory to the
trustee if a trust agreement secures payment of the debt charges.
The increase in rate shall be subject to the regulations adopted
under division (A)(1) of this section, except that the resolution
may provide that no portion of the revenue from the increase in
the rate shall be returned to townships or municipal corporations
as would otherwise be required under division (A)(1) of this
section. A resolution adopted under division (A)(7) of this
section is subject to referendum under sections 305.31 to 305.99
of the Revised Code.
(B)(1) The legislative authority of a municipal corporation
or
the board of trustees of a township that is not wholly or
partly
located in a county that has in effect a resolution
levying
an
excise tax pursuant to division (A)(1) of this section
may, by
ordinance or resolution, levy an excise tax not to exceed
three
per
cent on transactions by which lodging by a hotel is or
is to
be
furnished to transient guests. The legislative
authority of
the
municipal corporation or
the board of trustees of the township
shall deposit
at least fifty per
cent of the revenue from the tax
levied
pursuant to this division
into a separate fund, which shall
be
spent solely to make
contributions to convention and visitors'
bureaus operating within
the county in which the municipal
corporation or township is
wholly or partly located, and the
balance of
that revenue shall be
deposited in the general
fund.
The municipal corporation or
township shall establish all
regulations necessary to provide for
the administration and
allocation of the tax.
The
regulations may
prescribe the time for
payment of the tax, and
may provide for the
imposition of a
penalty or interest, or both, for late
payments,
provided
that the
penalty does not exceed ten per cent of the
amount of tax due, and
the
rate at which interest accrues does not
exceed the rate per
annum prescribed
pursuant to section 5703.47
of the Revised Code.
The levy of a tax
under this division is
in
addition to any tax
imposed on the same
transaction by a
municipal
corporation or a
township as authorized
by division
(A) of
section
5739.08 of the
Revised Code.
(2) The legislative authority of the most populous
municipal
corporation located wholly or partly in a county in
which the
board of county commissioners has levied a tax under
division
(A)(4) of this section may amend, on or before September 30, 2002,
that municipal
corporation's ordinance or resolution that levies
an excise tax on
transactions by which lodging by a hotel is or is
to be furnished
to transient guests, to provide for all of the
following:
(a) That the rate of the tax shall be increased by not more
than an additional one per cent on each transaction;
(b) That all of the revenue from the increase in rate shall
be pledged and contributed to a convention facilities authority
established by the board of county commissioners under Chapter
351. of the Revised Code on or before May 15, 2002, and be used
to
pay costs of constructing, expanding, maintaining, operating,
or
promoting a convention center in the county, including paying
bonds, or notes issued in anticipation of bonds, as provided by
that chapter;
(c) That the increase in rate shall not be subject to
diminution by initiative or referendum or by law while any bonds,
or notes in anticipation of bonds, issued by the authority under
Chapter 351. of the Revised Code to which the revenue is pledged,
remain outstanding in accordance with their terms, unless
provision is made by law, by the board of county commissioners, or
by the
legislative authority, for an adequate substitute therefor
that is satisfactory to the
trustee if a trust agreement secures
the bonds.
As used in division (B)(2) of this section, "cost" has the
same meaning as in section 351.01 of the Revised Code, and
"convention center" has the same meaning as in section 307.695 of
the Revised Code.
(C) For the purposes described in
section 307.695 of the
Revised Code and to cover the costs of
administering the tax, a
board of county commissioners of a
county
where a tax imposed
under division (A)(1) of this section is
in
effect may, by
resolution adopted within ninety days after
July
15, 1985, by a
majority of the members of
the board, levy an
additional excise
tax not to exceed three per
cent on transactions
by which lodging
by a hotel is or is to be
furnished to transient
guests. The tax
authorized by this
division shall be in addition
to any tax that
is levied pursuant
to division (A) of this
section, but it shall
not apply to
transactions subject to a tax
levied by a municipal
corporation
or township pursuant to the
authorization granted by
division
(A) of section
5739.08 of the
Revised Code. The board
shall
establish all
regulations necessary
to provide for the
administration and
allocation of the tax.
The
regulations may
prescribe the time for
payment of the tax, and
may
provide for the
imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent of the
amount of tax due, and
the
rate at which interest
accrues does not
exceed the rate per
annum prescribed
pursuant to
section 5703.47
of the Revised Code.
All
revenues arising
from
the
tax shall be
expended in accordance
with
section 307.695
of
the
Revised Code.
The board of county commissioners of an eligible county as defined
in section 307.695 of the Revised Code may, by resolution adopted
by a majority of the members of the board, amend the resolution
levying a tax under this division to provide that the revenue from
the tax shall be used by the board as described in division (H) of
section 307.695 of the Revised Code. A tax imposed under
this
division shall
remain
in
effect at the rate at which it is
imposed
for the
duration of
the
period during which any agreement entered
into by the board under section 307.695 of the Revised Code is in
effect, the duration of the period during which any securities
issued by the board under division (I) of section 307.695 of the
Revised Code are outstanding, or the duration of the period during
which the board owns a project as defined in section 307.695 of
the Revised Code, whichever duration is longest.
(D) For the purpose of providing contributions under
division
(B)(1) of section 307.671 of the Revised Code to enable
the
acquisition, construction, and equipping of a port authority
educational and cultural facility in the county and, to the
extent
provided for in the cooperative agreement authorized by
that
section, for the purpose of paying debt service charges on
bonds,
or notes in anticipation
of bonds, described in division
(B)(1)(b)
of that section, a board of county commissioners, by
resolution
adopted within ninety days after December 22,
1992, by
a majority
of the members of the board, may
levy an additional
excise tax not
to exceed one and one-half per
cent on transactions
by which
lodging by a hotel is or is to be
furnished to transient
guests.
The excise tax authorized by this
division shall be in
addition to
any tax that is levied pursuant
to divisions (A), (B),
and (C) of
this section, to any excise tax
levied pursuant to
section
5739.08
of the Revised
Code, and to any excise tax
levied
pursuant
to
section 351.021 of
the Revised Code. The board
of
county
commissioners shall
establish all regulations necessary
to
provide
for the
administration and allocation of the tax that
are
not
inconsistent with this section or section 307.671 of the
Revised
Code.
The
regulations may prescribe the time for payment
of the
tax, and
may provide for the imposition of a penalty or
interest,
or both, for late
payments,
provided
that the penalty
does not
exceed ten per cent of the amount of tax due, and
the
rate at
which interest accrues does not exceed the rate per annum
prescribed
pursuant to section 5703.47 of the Revised Code. All
revenues arising from the tax shall be expended
in
accordance with
section 307.671 of the Revised Code and
division
(D) of this
section. The levy of a tax imposed under
this
division
may not
commence prior to the first day of the month
next
following the
execution of the cooperative agreement
authorized
by
section
307.671 of the Revised Code by all parties
to that
agreement.
The
tax shall remain in effect at the rate at
which
it is imposed
for
the period of time described in division
(C) of
section
307.671 of
the Revised Code for which the revenue
from
the tax has
been
pledged by the county to the corporation
pursuant to
that
section,
but, to any extent provided for in
the
cooperative
agreement, for
no lesser period than the period of
time required
for payment of
the debt service charges on bonds,
or
notes in
anticipation
of
bonds, described in division
(B)(1)(b)
of
that
section.
(E) For the purpose of paying the costs of acquiring,
constructing, equipping, and improving a municipal educational
and
cultural facility, including debt service charges on bonds
provided for in division (B) of section 307.672 of the Revised
Code, and for
any additional purposes
determined by
the
county
in
the resolution levying the tax or amendments
to the
resolution,
including subsequent amendments providing for
paying
costs of
acquiring,
constructing, renovating,
rehabilitating,
equipping,
and improving a port
authority
educational and cultural
performing
arts facility, as defined in
section 307.674 of the
Revised Code,
and
including debt service
charges on bonds provided
for in
division
(B) of section 307.674
of the Revised Code, the
legislative
authority of a county, by
resolution adopted
within
ninety days
after June 30, 1993, by a
majority of the members of
the
legislative authority, may levy an
additional excise tax not
to
exceed one
and one-half per cent on
transactions by which
lodging
by a hotel
is or is to be furnished
to transient guests.
The
excise tax
authorized by this division
shall be in addition to
any
tax that
is levied pursuant to
divisions (A), (B), (C), and
(D) of
this
section, to any excise
tax levied pursuant to
section
5739.08 of the Revised Code, and
to any excise tax
levied
pursuant
to section 351.021 of the
Revised Code. The
legislative
authority
of the county shall
establish all
regulations necessary
to provide
for the
administration and
allocation of the tax.
The
regulations
may
prescribe the time for
payment of the tax, and
may
provide for
the
imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent
of the
amount of tax due, and
the
rate at which interest
accrues
does not
exceed the rate per
annum prescribed
pursuant to
section
5703.47
of the Revised Code.
All
revenues arising from the
tax
shall be
expended in accordance
with
section 307.672 of the
Revised Code
and
this division. The levy of a tax
imposed
under
this division shall not
commence prior to the first
day of
the
month next following the
execution of the cooperative
agreement
authorized by section
307.672 of the Revised Code by all
parties
to that agreement.
The
tax shall remain in effect at
the
rate at
which it is
imposed for
the period of time determined
by
the
legislative
authority of the
county, but. That period of time
shall not to exceed
fifteen
years, except that the legislative
authority of a county with a population of less than two hundred
fifty thousand according to the most recent federal decennial
census, by resolution adopted by a majority of its members before
the original tax expires, may extend the duration of the tax for
an additional period of time. The additional period of time by
which a legislative authority extends a tax levied under this
division shall not exceed fifteen years.
(F) The legislative authority of a county that has levied a
tax
under division (E) of this section may, by resolution adopted
within
one hundred eighty days after
January 4, 2001, by a
majority of the members of the
legislative
authority, amend the
resolution levying a tax under
that
division
to
provide for the
use of the
proceeds of that
tax, to the extent
that it is no
longer needed
for its original
purpose as
determined
by the
parties to a
cooperative agreement
amendment pursuant to
division
(D) of
section 307.672 of the
Revised Code, to pay costs
of
acquiring,
constructing, renovating,
rehabilitating, equipping,
and improving
a port
authority
educational and cultural performing
arts
facility, including debt
service charges on bonds provided
for in
division (B) of section
307.674 of the Revised Code, and to
pay
all obligations under any
guaranty agreements,
reimbursement
agreements, or other credit
enhancement agreements described in
division (C) of section
307.674 of the Revised Code. The
resolution may also
provide
for
the extension of the tax at
the
same rate for the longer of the
period of time determined by the
legislative authority of the
county, but not to exceed an
additional
twenty-five years, or the
period of time required to
pay all debt service
charges on bonds
provided for in division (B)
of section 307.672 of the Revised
Code
and on port authority
revenue bonds provided for in division
(B) of
section 307.674 of
the Revised Code. All revenues arising
from the amendment and
extension
of the tax shall be expended in
accordance with section
307.674 of the Revised Code, this division, and
division
(E)
of
this
section.
(G) For purposes of a tax levied by a county, township, or
municipal corporation under this section or
section
5739.08 of
the
Revised Code, a board of county
commissioners, board of
township
trustees,
or
the legislative
authority of a municipal
corporation
may adopt a resolution or
ordinance at any time
specifying that
"hotel," as otherwise
defined in
section 5739.01
of the Revised
Code, includes
establishments in which fewer than
five rooms
are
used for the
accommodation of guests. The
resolution or ordinance
may
apply to
a tax imposed pursuant to
this section prior to the
adoption of
the
resolution or ordinance
if the resolution or
ordinance so
states, but the tax
shall not
apply to transactions
by which
lodging by such an establishment is
provided to transient
guests
prior to the adoption of the
resolution or
ordinance.
(H)(1) As used in this division:
(a) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(b) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(2) Notwithstanding any contrary provision of division (D) of
this section, the legislative authority of a county with a
population of one million or more according to the most recent
federal decennial census that has levied a tax under division (D)
of this section may, by resolution adopted by a majority of the
members of the legislative authority, provide for the extension of
such levy and may provide that the proceeds of that tax, to the
extent that they are no longer needed for their original purpose
as defined by a cooperative agreement entered into under section
307.671 of the Revised Code, shall be deposited into the county
general revenue fund. The resolution shall provide for the
extension of the tax at a rate not to exceed the rate specified in
division (D) of this section for a period of time determined by
the legislative authority of the county, but not to exceed an
additional forty years.
(3) The legislative authority of a county with a population
of one million or more that has levied a tax under division (A)(1)
of this section may, by resolution adopted by a majority of the
members of the legislative authority, increase the rate of the tax
levied by such county under division (A)(1) of this section to a
rate not to exceed five per cent on transactions by which lodging
by a hotel is or is to be furnished to transient guests.
Notwithstanding any contrary provision of division (A)(1) of this
section, the resolution may provide that all collections resulting
from the rate levied in excess of three per cent, after deducting
the real and actual costs of administering the tax, shall be
deposited in the county general fund.
(4) The legislative authority of a county with a population
of one million or more that has levied a tax under division (A)(1)
of this section may, by resolution adopted on or before August 30,
2004, by a majority of the members of the legislative authority,
provide that all or a portion of the proceeds of the tax levied
under division (A)(1) of this section, after deducting the real
and actual costs of administering the tax and the amounts required
to be returned to townships and municipal corporations with
respect to the first three per cent levied under division (A)(1)
of this section, shall be deposited in the county general fund,
provided that such proceeds shall be used to satisfy any pledges
made in connection with an agreement entered into under section
307.695 of the Revised Code.
(5) No amount collected from a tax levied, extended, or
required to be deposited in the county general fund under division
(H) of this section shall be contributed to a convention
facilities authority, corporation, or other entity created after
July 1, 2003, for the principal purpose of constructing,
improving, expanding, equipping, financing, or operating a
convention center unless the mayor of the municipal corporation in
which the convention center is to be operated by that convention
facilities authority, corporation, or other entity has consented
to the creation of that convention facilities authority,
corporation, or entity. Notwithstanding any contrary provision of
section 351.04 of the Revised Code, if a tax is levied by a county
under division (H) of this section, the board of county
commissioners of that county may determine the manner of
selection, the qualifications, the number, and terms of office of
the members of the board of directors of any convention facilities
authority, corporation, or other entity described in division
(H)(5) of this section.
(6)(a) No amount collected from a tax levied, extended, or
required to be deposited in the county general fund under division
(H) of this section may be used for any purpose other than paying
the direct and indirect costs of constructing, improving,
expanding, equipping, financing, or operating a convention center
and for the real and actual costs of administering the tax,
unless, prior to the adoption of the resolution of the legislative
authority of the county authorizing the levy, extension, increase,
or deposit, the county and the mayor of the most populous
municipal corporation in that county have entered into an
agreement as to the use of such amounts, provided that such
agreement has been approved by a majority of the mayors of the
other municipal corporations in that county. The agreement shall
provide that the amounts to be used for purposes other than paying
the convention center or administrative costs described in
division (H)(6)(a) of this section be used only for the direct and
indirect costs of capital improvements, including the financing of
capital improvements.
(b) If the county in which the tax is levied has an
association of mayors and city managers, the approval of that
association of an agreement described in division (H)(6)(a) of
this section shall be considered to be the approval of the
majority of the mayors of the other municipal corporations for
purposes of that division.
(7) Each year, the auditor of state shall conduct an audit of
the uses of any amounts collected from taxes levied, extended, or
deposited under division (H) of this section and shall prepare a
report of the auditor of state's findings. The auditor of state
shall submit the report to the legislative authority of the county
that has levied, extended, or deposited the tax, the speaker of
the house of representatives, the president of the senate, and the
leaders of the minority parties of the house of representatives
and the senate.
(I)(1) As used in this division:
(a) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(b) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(2) Notwithstanding any contrary provision of division (D) of
this section, the legislative authority of a county with a
population of one million two hundred thousand or more according
to the most recent federal decennial census or the most recent
annual population estimate published or released by the United
States census bureau at the time the resolution is adopted placing
the levy on the ballot, that has levied a tax under division (D)
of this section may, by resolution adopted by a majority of the
members of the legislative authority, provide for the extension of
such levy and may provide that the proceeds of that tax, to the
extent that the proceeds are no longer needed for their original
purpose as defined by a cooperative agreement entered into under
section 307.671 of the Revised Code and after deducting the real
and actual costs of administering the tax, shall be used for
paying the direct and indirect costs of constructing, improving,
expanding, equipping, financing, or operating a convention center.
The resolution shall provide for the extension of the tax at a
rate not to exceed the rate specified in division (D) of this
section for a period of time determined by the legislative
authority of the county, but not to exceed an additional forty
years.
(3) The legislative authority of a county with a population
of one million two hundred thousand or more that has levied a tax
under division (A)(1) of this section may, by resolution adopted
by a majority of the members of the legislative authority,
increase the rate of the tax levied by such county under division
(A)(1) of this section to a rate not to exceed five per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests. Notwithstanding any contrary provision of
division (A)(1) of this section, the resolution shall provide that
all collections resulting from the rate levied in excess of three
per cent, after deducting the real and actual costs of
administering the tax, shall be used for paying the direct and
indirect costs of constructing, improving, expanding, equipping,
financing, or operating a convention center.
(4) The legislative authority of a county with a population
of one million two hundred thousand or more that has levied a tax
under division (A)(1) of this section may, by resolution adopted
on or before July 1, 2008, by a majority of the members of the
legislative authority, provide that all or a portion of the
proceeds of the tax levied under division (A)(1) of this section,
after deducting the real and actual costs of administering the tax
and the amounts required to be returned to townships and municipal
corporations with respect to the first three per cent levied under
division (A)(1) of this section, shall be used to satisfy any
pledges made in connection with an agreement entered into under
section 307.695 of the Revised Code or shall otherwise be used for
paying the direct and indirect costs of constructing, improving,
expanding, equipping, financing, or operating a convention center.
(5) Any amount collected from a tax levied or extended under
division (I) of this section may be contributed to a convention
facilities authority created before July 1, 2005, but no amount
collected from a tax levied or extended under division (I) of this
section may be contributed to a convention facilities authority,
corporation, or other entity created after July 1, 2005, unless
the mayor of the municipal corporation in which the convention
center is to be operated by that convention facilities authority,
corporation, or other entity has consented to the creation of that
convention facilities authority, corporation, or entity.
Sec. 5739.12. (A)
Each person who has or is required to have
a
vendor's
license, on or before the twenty-third day of each
month,
shall
make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The commissioner may require a
vendor that operates from multiple locations or has multiple
vendor's licenses to report all tax liabilities on one
consolidated return. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties
that may
become
due under this chapter and may adopt
rules relating
thereto. Such
return shall be filed by mailing
it to the
tax
commissioner,
together with payment of the
amount of tax
shown to
be due thereon
after deduction of any
discount provided
for under
this section.
Remittance shall be made payable to the
treasurer of
state. The
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner.
(B)(1) If the return
is filed and the amount of tax
shown
thereon to
be due is paid on
or before the date such return
is
required to be
filed, the vendor
shall be entitled to the
following a
discount of:
(1)(a) On and after July 1, 2005, and on and before June 30,
2007, nine-tenths of one per cent of the amount shown to be due on
the return;
(2)(b) On and after July 1, 2007, three-fourths
of one per
cent
of the amount shown to
be due on the return.
(2) A
vendor that has selected a certified service provider
as its agent
shall not be entitled to the discount if the
certified service provider receives a monetary allowance pursuant
to section 5739.06 of the Revised Code for performing the vendor's
sales and use tax functions in this state. Amounts paid to the
clerk
of courts
pursuant to section 4505.06 of the Revised Code
shall be
subject
to the applicable discount.
The
discount shall be
in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax.
(C)(1) Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of
the amount of tax
shown to be due
thereon after deduction of
any
discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
(2) The commissioner may authorize vendors whose tax
liability
is
not such as to merit monthly returns, as
ascertained
by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount
provided in this section in consideration for
prompt payment
with
the return, provided the return is filed
together with
payment of
the amount of tax shown to be due
thereon, at the time
specified
by the commissioner, but a vendor that has selected a
certified
service provider as its agent shall not be entitled to
the
discount.
(D) Any vendor who fails to
file a
return or pay the full
amount
of the tax shown on the
return to
be due under this section
and
the rules of the
commissioner
may, for each such return the
vendor
fails to file or
each
such tax the vendor fails to pay in
full as
shown on the
return within the period
prescribed by this
section
and the rules
of the commissioner,
be required to forfeit
and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the
imposition
and remission of
the additional charge.
(E) If the amount required to be collected by a vendor from
consumers is in excess of the applicable percentage of the
vendor's
receipts
from
sales
that are taxable under section
5739.02 of the
Revised
Code, or in the case of sales subject to a
tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of
the Revised
Code, in
excess of the percentage equal to the
aggregate rate of
such
taxes
and the tax levied by section 5739.02
of the Revised
Code,
such
excess shall be remitted along with the
remittance of
the
amount
of tax due under section 5739.10 of the
Revised Code.
(F) The commissioner, if the commissioner deems it necessary
in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's
authorized agent.
(G) Any vendor required to file a return and pay the tax
under
this section, whose total payment equals or
exceeds the
amount shown in division (A) of section 5739.122 of the Revised
Code, shall make each payment
required by
this section in the
second ensuing and each
succeeding year by
electronic funds
transfer as prescribed by, and on or before the dates specified
in,
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section. For a vendor that operates from
multiple locations or has multiple vendor's licenses, in
determining whether the vendor's total payment equals or exceeds
the amount shown in division (A) of that section, the vendor's
total payment amount shall be the amount of the vendor's total tax
liability for the previous calendar year for all of the vendor's
locations or licenses.
Sec. 5739.122. (A) If the total amount of tax required to
be
paid by a vendor under section 5739.12 of the Revised Code for
any
calendar year equals or
exceeds seventy-five thousand dollars, the
vendor shall remit each monthly tax payment in the second ensuing
and each succeeding tax year by electronic funds transfer as
prescribed by divisions (B) and (C) of this section.
If a vendor's tax payment for each of two consecutive years
is less than
seventy-five thousand dollars,
the vendor is relieved
of the requirement to remit taxes by
electronic funds transfer for
the year that next follows the
second of the consecutive years in
which the tax payment is less
than that amount, and is relieved of
that
requirement for each succeeding year, unless the tax payment
in a
subsequent year equals or exceeds seventy-five thousand
dollars.
The tax commissioner shall notify each vendor required to
remit taxes by electronic funds transfer of the vendor's
obligation to do so, shall maintain an updated list of those
vendors, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure
by the tax commissioner to notify a vendor subject to
this section
to remit taxes by electronic funds transfer does not
relieve the
vendor of its obligation to remit taxes by electronic
funds
transfer.
(B) Vendors required by division (A) of this section to
remit
payments by electronic funds transfer shall remit such
payments to
the treasurer of state in the manner prescribed by this section
and
rules adopted by the treasurer of state under section 113.061
of the
Revised Code, and on or before the following dates as
follows:
(1) On or before the fifteenth day of each month, a vendor
shall remit an amount equal to the taxes collected during the
first eleven days of the month. On or before the twenty-fifth day
of each month, a vendor shall remit an amount equal to the taxes
collected on the twelfth through the twenty-first day of the
month.
(2) In lieu of remitting the actual amounts collected for the
periods specified in division (B)(1) of this section, a vendor
may, on or before each of the fifteenth and twenty-fifth days of
each month, remit an amount equal to thirty-seven and one-half per
cent of the vendor's total tax liability for the same month in the
preceding calendar year.
(3) On or before the twenty-third day of each month, a vendor
shall remit an amount equal to seventy-five per cent of the
anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a vendor
shall report the taxes collected for the previous month and shall
remit that amount, less any amounts paid for that month as
required by division (B)(1) or (2) of this section.
The payment of taxes by electronic
funds transfer does not
affect a vendor's obligation to file the
monthly return as
required under section 5739.12 of the Revised
Code.
(C) A vendor required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from
that
requirement. The treasurer of state may excuse the vendor
from
remittance by electronic funds transfer for good cause shown
for
the period of time requested by the vendor or for a portion of
that period. The treasurer of state shall notify the tax
commissioner and
the vendor of the treasurer of state's decision
as soon as is practicable.
(D)(1)(a) If a vendor that is required to remit payments
under division (B) of this section fails to make a payment, or
makes a payment under division (B)(1) of this section that is less
than seventy-five per cent of the actual liability for that month,
the commissioner may impose an additional charge not to exceed
five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the
vendor's payment under division (B)(1) of this section is equal to
or greater than seventy-five per cent of the vendor's reported
liability for the same month in the immediately preceding calendar
year.
(2) If a vendor required by this section to remit taxes by
electronic funds transfer remits those taxes by some means other
than by electronic funds transfer as prescribed by this section
and the rules adopted by the treasurer of state, and the
treasurer
of state determines that such failure was not due to reasonable
cause or was due to willful neglect, the treasurer of state shall
notify
the tax commissioner of the failure to remit by electronic
funds
transfer and shall provide the commissioner with any
information
used in making that determination. The tax
commissioner may
impose an additional charge not to exceed the
lesser of five per cent of the amount of the
taxes required to be
paid by electronic funds transfer or five thousand dollars.
(3) Any additional charge imposed
under division (D)(1) or
(2) of this section is in addition to any other penalty or charge
imposed under this chapter, and shall be considered as revenue
arising from taxes imposed under this chapter. An additional
charge may be collected by assessment in the manner prescribed by
section 5739.13 of the Revised Code. The tax
commissioner may
waive all or a portion of such a charge and may
adopt rules
governing such waiver.
No additional charge shall be imposed under division (D)(2)
of this section
against a vendor that has been notified of its
obligation to
remit taxes under this section and that remits its
first two tax
payments after such notification by some means other
than
electronic funds transfer. The additional charge may be
imposed
upon the remittance of any subsequent tax payment that the
vendor
remits by some means other than electronic funds transfer.
Sec. 5739.123. (A) As used in this section,
"destination-based sourcing requirements" means the manner in
which sales are required to be sourced under divisions (C) to (I)
of section 5739.033 of the Revised Code.
(B) A vendor who holds a license issued prior to May 1, 2006,
under division (A) of section 5739.17 of the Revised Code may
apply for temporary compensation to assist the vendor in complying
with the destination-based sourcing requirements for the first six
months those sourcing requirements become applicable to the vendor
under section 5739.033 of the Revised Code. The vendor shall file
the application in accordance with division (C) of this section.
The compensation shall be the actual amount of tax collected per
county for each month of the six-month period, not to exceed
twenty-five dollars per county per month, for sales of tangible
personal property delivered to each county in which the vendor
does not have a fixed place of business and does not, or is not
required to, hold a license issued under division (A) of section
5739.17 of the Revised Code for that business. Only amounts paid
by the vendor for which the vendor is eligible for a discount
under division (B) of section 5739.12 of the Revised Code and that
are shown on returns filed during that six-month period shall be
considered in calculating the compensation. In no event shall a
vendor receive compensation that exceeds its total cost of
complying with the destination-based sourcing requirements. For
purposes of the six-month compensation period, a partial month
shall be considered a month.
(C) A vendor that applies for compensation under this section
shall file an application with the tax commissioner on a form
prescribed by the commissioner. The application shall be filed
within sixty days after the end of the reporting period that
includes the last day of the last month of the six-month period
for which the vendor is requesting compensation. The commissioner
shall determine the amount of compensation to which the vendor is
entitled, and if that amount is equal to or greater than the
amount claimed on the application, the commissioner shall certify
that amount to the director of budget and management and the
treasurer of state for payment from the general revenue fund. If
the commissioner determines that the amount of compensation to
which the vendor is entitled is less than the amount claimed on
the vendor's application, the commissioner shall proceed in
accordance with section 5703.70 of the Revised Code.
(D) The compensation provided under this section shall not
reduce the amount required to be returned to counties and transit
authorities under section 5739.21 of the Revised Code.
Sec. 5739.124. (A) If required by the tax commissioner, a
person required to make payments by electronic funds transfer
under section 5739.032 or 5739.122 of the Revised Code shall file
all returns and reports electronically. The commissioner may
require the person to use the Ohio business gateway, as defined in
section 718.051 of the Revised Code, or any other electronic
means, to file the returns and reports, or to remit the tax, in
lieu of the manner prescribed by the treasurer of state under
sections 5739.032 and 5739.122 of the Revised Code.
(B) A person required under this section to file reports and
returns electronically may apply to the commissioner to be excused
from that requirement. Applications shall be made on a form
prescribed by the commissioner. The commissioner may approve the
application for good cause.
(C)(1) If a person required to file a report or return
electronically under this section fails to do so, the commissioner
may impose an additional charge not to exceed the following:
(a) For each of the first two failures, five per cent of the
amount required to be reported on the report or return;
(b) For the third and any subsequent failure, ten per cent of
the amount required to be reported on the report or return.
(2) The charges authorized under division (C)(1) of this
section are in addition to any other charge or penalty authorized
under this chapter, and shall be considered as revenue arising
from taxes imposed under this chapter. An additional charge may be
collected by assessment in the manner prescribed by section
5739.13 of the Revised Code. The commissioner may waive all or a
portion of such a charge and may adopt rules governing such
waiver.
Sec. 5739.21. (A) Four and two-tenths One hundred per cent
of all
money deposited into the state treasury under sections
5739.01 to
5739.31 of the Revised Code and not required to be
distributed as
provided in section 5739.102 of the Revised Code or
division (B)
of this section shall be credited to the local
government fund
for distribution in accordance with section
5747.50 of the
Revised Code, six-tenths of one per cent
shall be
credited to the local
government revenue assistance fund for
distribution in accordance with section
5747.61 of the Revised
Code, and ninety-five and two-tenths per cent shall be
credited to
the general revenue fund.
(B)(1) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5739.021, 5739.023, or
5739.026 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and
certify
to the director of budget and management the amount of
the
proceeds of such tax or taxes
received during that month from
billings and assessments, or associated with tax returns or
reports filed during that month, to be returned to the county or
transit
authority levying the tax or taxes. The amount to be
returned to
each county and transit authority shall be a fraction
of the
aggregate amount of money collected with respect to each
area in
which one or more of such taxes are concurrently in effect
with
the tax levied by section 5739.02 of the Revised Code. The
numerator of the fraction is the rate of the tax levied by the
county or
transit authority and the denominator of the fraction is
the aggregate
rate of such taxes applicable to such area. The
amount to be returned to each county or transit authority shall be
reduced by the amount of any refunds of county or transit
authority tax paid pursuant to section 5739.07 of the Revised Code
during the same month, or transfers made pursuant to division
(B)(2) of section 5703.052 of the Revised Code.
(2) On a periodic basis, using the best information
available, the tax commissioner shall distribute any amount of a
county or transit authority tax that cannot be distributed under
division (B)(1) of this section. Through audit or other means, the
commissioner shall attempt to obtain the information necessary to
make the distribution as provided under that division and, on
receipt of that information, shall make adjustments to
distributions previously made under this division.
(C) The
aggregate amount to be returned to any county or
transit
authority shall be reduced by one per cent, which shall be
certified directly to the credit of the local sales tax
administrative fund, which is hereby created in the state
treasury. For the purpose of determining the amount to be returned
to a
county and transit authority in which the rate of tax imposed
by the transit
authority has been reduced under section
5739.028
of the Revised Code, the tax commissioner
shall use the respective
rates of tax imposed by the county or transit
authority that
results from the change in the rates authorized
under that
section.
(D) The director of budget and management
shall transfer,
from the same funds and in the same proportions specified in
division (A) of this section, to the permissive tax distribution
fund created by division (B)(1) of section 4301.423 of the
Revised
Code and to the local sales tax administrative fund, the
amounts
certified by the tax commissioner. The tax commissioner
shall
then, on or before the twentieth day of the month in which
such
certification is made, provide for payment of such
respective
amounts to the county treasurer and to the fiscal
officer of the
transit authority levying the tax or taxes. The
amount transferred
to the local sales tax administrative fund is
for use by the tax
commissioner in defraying costs incurred in
administering such
taxes levied by a county or transit authority.
Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of
the Revised Code, of the revenue collected from the tax due under
division (A) of section 5739.029 of the Revised Code, an amount
equal to one-half per cent of the price of each transaction
subject to taxation under that division shall be distributed to
the county where the sale is sitused as provided in section
5739.035 of the Revised Code. The amount to be so distributed to
each county shall be credited to the funds of the county as
provided by divisions (A) and (B) of section 5739.211 of the
Revised Code.
Sec. 5740.10. (A) As used in this section, "delivery sale"
has the same meaning as in section 5739.033 of the Revised Code.
(B) It is the intent of the General Assembly for this state
to become a full member in the streamlined sales and use tax
agreement to enhance collection of the taxes imposed under
Chapters 5739. and 5741. of the Revised Code by remote multi-state
sellers. This state's participation has been jeopardized, however,
because the agreement does not resolve issues relating to the
situsing of certain sales and because of the impact the agreement
has on businesses located within and outside this state that have
annual delivery sales in this state of less than five hundred
thousand dollars.
If the tax commissioner determines, on or before October 1,
2007, that the agreement has been amended or interpreted by the
streamlined sales tax governing board to allow, beginning January
1, 2008, a vendor with total
annual delivery sales within this
state of less than five hundred thousand dollars in a prior
calendar year, beginning with calendar year 2007,
to situs its
sales under section 5739.035 of the Revised Code, the
commissioner shall certify that determination by journal entry on
or before that date, shall provide notice of the determination on
the department of taxation's web site, and shall notify vendors
and sellers the commissioner reasonably believes to be affected by
the certification.
Sec. 5741.02. (A)(1) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The
tax shall be collected as provided in section
5739.025 of the
Revised Code, provided that on and after July 1, 2003, and on or
before June 30, 2005, the rate of the tax shall be six per cent.
On and after July 1, 2005, the rate of the tax shall be five and
one-half per cent.
(2) In the case of the lease or rental, with a fixed term of
more than thirty days or an indefinite term with a minimum period
of more than thirty days, of any motor vehicles designed by the
manufacturer to carry a load of not more than one ton, watercraft,
outboard motor, or aircraft, or of any tangible personal property,
other than motor vehicles designed by the manufacturer to carry a
load of more than one ton, to be used by the lessee or renter
primarily for business purposes, the tax shall be collected by the
seller at the time the lease or rental is consummated and shall be
calculated by the seller on the basis of the total amount to be
paid by the lessee or renter under the lease or rental agreement.
If the total amount of the consideration for the lease or rental
includes amounts that are not calculated at the time the lease or
rental is executed, the tax shall be calculated and collected by
the seller at the time such amounts are billed to the lessee or
renter. In the case of an open-end lease or rental, the tax shall
be calculated by the seller on the basis of the total amount to be
paid during the initial fixed term of the lease or rental, and for
each subsequent renewal period as it comes due. As used in this
division, "motor vehicle" has the same meaning as in section
4501.01 of the Revised Code, and "watercraft" includes an outdrive
unit attached to the watercraft.
(3) Except as provided in division (A)(2) of this section, in
the case of a transaction, the price of which consists in whole or
part of the lease or rental of tangible personal property, the tax
shall be measured by the installments of those leases or rentals.
(B) Each consumer, storing, using, or otherwise consuming
in
this state tangible personal property or realizing in this
state
the benefit of any service provided, shall be liable for the
tax,
and such liability shall not be extinguished until the tax
has
been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised
Code or prepaid by the seller in accordance with section
5741.06
of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property
or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by
sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from
taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has
come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state
by a nonresident tourist or vacationer, or a nonbusiness
use
within this state by a nonresident of this state, if the
property
so used was purchased outside this state for use outside
this
state and is not required to be registered or licensed under
the
laws of this state;
(5) Tangible personal property or services rendered, upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant
to section 5741.021, 5741.022, or 5741.023 of the
Revised Code
exceeds the amount paid to another jurisdiction, the
difference
shall be allocated between the tax imposed by this
section and any
tax imposed by a county or a transit authority
pursuant to section
5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion
to the respective rates of such
taxes.
As used in this subdivision, "taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or
similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile
home,
as defined by section 5739.0210 of the Revised Code,
made on
or after January 1, 2000;
(7) Drugs that are or are intended to be distributed free of
charge to a
practitioner licensed to prescribe, dispense, and
administer drugs to a human
being in the course of a professional
practice and that by law may be
dispensed only by or upon the
order of such a practitioner.
(8) Computer equipment and related software leased from a
lessor located outside this state and initially received in this
state on behalf of the consumer by a third party that will retain
possession of such property for not more than ninety days and that
will, within that ninety-day period, deliver such property to the
consumer at a location outside this state. Division (C)(8) of this
section does not provide exemption from taxation for any otherwise
taxable charges associated with such property while it is in this
state or for any subsequent storage, use, or consumption of such
property in this state by or on behalf of the consumer.
(9) Cigarettes that have a wholesale value of three hundred
dollars or less used, stored, or consumed, but not for resale, in
any month.
(10) Tangible personal property held for sale by a person but
not for that person's own use and donated by that person, without
charge or other compensation, to either of the following:
(a) A nonprofit organization operated exclusively for
charitable purposes in this state, no part of the net income of
which inures to the benefit of any private shareholder or
individual and no substantial part of the activities of which
consists of carrying on propaganda or otherwise attempting to
influence legislation; or
(b) This state or any political subdivision of this state,
but only if donated for exclusively public purposes.
For the purposes of division (C)(10) of this section,
"charitable purposes" has the same meaning as in division (B)(12)
of section 5739.02 of the Revised Code.
(D) The tax applies to the storage, use, or other
consumption
in this state of tangible personal property or
services, the
acquisition of which at the time of sale was
excepted under
division (E) of section 5739.01 of the Revised
Code from the tax
imposed by section 5739.02 of the Revised Code,
but which has
subsequently been temporarily or permanently
stored,
used, or
otherwise consumed in a taxable manner.
(E)(1)(a) If any transaction is claimed to be exempt under
division (E)
of
section 5739.01 of the Revised Code or under
section 5739.02
of the Revised Code, with the exception of
divisions (B)(1) to (11)
or (28) of section 5739.02 of the Revised
Code, the consumer shall
provide to the seller, and the
seller
shall obtain from the consumer,
a
certificate specifying
the
reason that the
transaction is
not subject to the tax.
The
certificate shall be in such form, and shall be provided either in
a hard copy form or
electronic form, as the tax commissioner
prescribes.
(b) A seller that obtains a fully completed exemption
certificate from a consumer is relieved of liability for
collecting and remitting tax on any sale covered by that
certificate. If it is determined the exemption was improperly
claimed, the consumer shall be liable for any tax due on that sale
under this chapter. Relief under this division from liability does
not apply to any of the following:
(i) A seller that fraudulently fails to collect tax;
(ii) A seller that solicits consumers to participate in the
unlawful claim of an exemption;
(iii) A seller that accepts an exemption certificate from a
consumer that claims an exemption based on who purchases or who
sells property or a service, when the subject of the transaction
sought to be covered by the exemption certificate is actually
received by the consumer at a location operated by the seller in
this state, and this state has posted to its web site an exemption
certificate form that clearly and affirmatively indicates that the
claimed exemption is not available in this state;
(iv) A seller that accepts an exemption certificate from a
consumer who claims a multiple points of use exemption under
division (D) of section 5739.033 of the Revised Code, if the item
purchased is tangible personal property, other than prewritten
computer software.
(2) The seller shall maintain records, including exemption
certificates, of all sales on which a consumer has claimed an
exemption, and provide them to the tax commissioner on request.
(3) If no
certificate is
provided or obtained
within ninety
days after the date on which
the
transaction is consummated,
it
shall be
presumed that the tax
applies. Failure to have so
provided
or obtained a
certificate shall not preclude a seller,
within one hundred twenty days
after the tax commissioner gives
written notice of intent to levy an
assessment,
from either
establishing that the transaction is not subject to the tax, or
obtaining, in good faith, a fully completed exemption certificate.
(4) If a transaction is claimed to be exempt under division
(B)(13) of section 5739.02 of the Revised Code, the contractor
shall obtain certification of the claimed exemption from the
contractee. This certification shall be in addition to an
exemption certificate provided by the contractor to the seller. A
contractee that provides a certification under this division shall
be deemed to be the consumer of all items purchased by the
contractor under the claim of exemption, if it is subsequently
determined that the exemption is not properly claimed. The
certification shall be in such form as the tax commissioner
prescribes.
(F) A seller who files a petition for reassessment
contesting
the
assessment of tax on transactions for which the
seller
obtained no valid
exemption certificates, and for which the
seller
failed
to establish that
the transactions were not subject
to the
tax
during the
one-hundred-twenty-day period allowed under
division
(E) of this
section, may present to the tax commissioner
additional
evidence
to prove that the transactions were exempt.
The seller
shall file
such evidence within ninety days of the
receipt by the
seller of
the notice of assessment, except that,
upon application
and for
reasonable cause, the tax commissioner
may extend the
period for
submitting such evidence thirty days.
(G) For the purpose of the proper administration of
sections
5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion
of the tax hereby levied, it shall be presumed that
any use,
storage, or other consumption of tangible personal
property in
this state is subject to the tax until the contrary
is
established.
(H) The tax collected by the seller from the consumer under
this chapter is not part of the price, but is a tax collection for
the benefit of the state, and of counties levying an additional
use tax pursuant to section 5741.021 or 5741.023 of the Revised
Code and of transit authorities levying an additional use tax
pursuant to section 5741.022 of the Revised Code. Except for the
discount authorized under section 5741.12 of the Revised Code and
the effects of any rounding pursuant to section 5703.055 of the
Revised Code, no person other than the state or such a county or
transit authority shall derive any benefit from the collection of
such tax.
Sec. 5741.03. (A) Four and two-tenths One hundred per cent
of all
money deposited into the state treasury under sections
5741.01 to
5741.22 of the Revised Code that is not required to be
distributed as provided in division (B) or (C) of this section
shall be
credited to the local government fund for distribution in
accordance with section 5747.50 of the Revised Code, six-tenths of
one per
cent shall be credited to the local
government revenue
assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per
cent shall be
credited to the general revenue fund.
(B) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5741.021, 5741.022, or
5741.023 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and certify
to the director of budget and management the amount of the
proceeds of such tax or taxes
from billings and assessments
received during that month, or shown on tax returns or reports
filed during that month, to be returned to the county or transit
authority levying the tax or taxes, which amounts shall be
determined in the manner provided in section 5739.21 of the
Revised Code. The director of budget and management shall
transfer, from the same funds and in the same proportions
specified in division (A) of this section general revenue fund, to
the permissive tax
distribution fund created by division (B)(1) of
section 4301.423
of the Revised Code and to the local sales tax
administrative
fund created by division (B)(C) of section 5739.21
of the Revised
Code, the amounts certified by the tax
commissioner. The tax
commissioner shall then, on or before the
twentieth day of the
month in which such certification is made,
provide for payment of
such respective amounts to the county
treasurer or to the fiscal
officer of the transit authority
levying the tax or taxes. The
amount transferred to the local
sales tax administrative fund is
for use by the tax commissioner
in defraying costs the
commissioner incurs in administering such
taxes levied by a county or
transit authority.
(C) Of the revenue deposited into the state treasury from
taxes paid under division (B) of section 5741.05 of the Revised
Code, a percentage shall be distributed each fiscal year to all
counties and transit authorities that levy a tax under section
5739.021, 5739.023, or 5739.026 of the Revised Code. The
percentage to be distributed each fiscal year shall be computed by
dividing the amount described in division (C)(1) by the amount
described in division (C)(2) of this section:
(1) The total sales and use tax revenue distributed to
counties and transit authorities in the calendar year that ended
in the preceding fiscal year;
(2) The sum of the total sales and use tax revenue
distributed to such counties and transit authorities in that
calendar year plus the total revenue collected in that calendar
year from the taxes levied under sections 5739.02 and 5741.02 of
the Revised Code.
(D) Each county and transit authority shall receive a
quarterly
distribution each fiscal year from the revenue to be
distributed
as provided in division (C) of this section. The
amount of the
distribution for each such county and transit
authority shall
equal one-fourth of a percentage of the revenue
to be distributed in the fiscal
year under that division. The
percentage shall be computed by
dividing the amount described in
division (D)(1) by the amount
described in division (D)(2) of
this section:
(1) The total sales and use tax revenue distributed to the
county or transit authority under division (B) of section 5739.21
of the Revised Code in the calendar year that ended in the
preceding fiscal year;
(2) The total sales and use tax revenue distributed to all
counties and transit authorities under division (B) of section
5739.21 of the Revised Code in that calendar year.
Sec. 5741.05. (A) Beginning January 1, 2005 Except as
provided in division (B) of this section, a seller that collects
the tax levied by
sections 5741.02, 5741.021, 5741.022, or
5741.023 of the Revised
Code on transactions, other than sales of
titled motor vehicles,
titled watercraft, or titled outboard
motors, shall determine
under
section 5739.033 or 5739.034 of the
Revised Code
the
jurisdiction for which to
collect the tax. A
vendor or seller of
motor vehicles, watercraft, or
outboard motors
required to be
titled in this state shall collect the tax levied
by section
5739.02 or
5741.02 of the Revised Code and the
additional taxes
levied by
division (A)(1) of section 5741.021,
division (A)(1) of
section
5741.022, and division (A)(1) of
section 5741.023 of the
Revised
Code for the consumer's county of
residence as provided in
section 1548.06 and division (B) of
section 4505.06 of the Revised
Code.
(B)(1) Divisions (B) and (C) of this section apply only if
the tax commissioner makes the certification under section 5740.10
of the Revised Code.
(2) For the purposes of this division and division (C) of
this section, "delivery sale" has the same meaning as in section
5739.033 of the Revised Code, and "tax jurisdiction" has the same
meaning as in section 5739.24 of the Revised Code.
(3) Except as otherwise provided in division (B)(4) of this
section, and notwithstanding sections 5741.02, 5741.021, 5741.022,
and 5741.023 of the Revised Code, beginning January 1, 2008, a
seller with total delivery
sales in this state in calendar year
2007 and each calendar year
thereafter of less than five hundred
thousand dollars may elect to
collect the tax due under this
chapter at a rate equal to the sum
of the tax levied under
section 5741.02 of the Revised Code and
the lowest combined rate
of tax levied in any tax jurisdiction in
this state under
sections 5741.021, 5741.022, and 5741.023 of the
Revised Code.
(4) Once a seller has total delivery sales in this state of
five hundred thousand dollars or more for a prior calendar year,
the
seller shall source its sales pursuant to division (A) of
this
section regardless of the amount of the seller's total
delivery
sales in future years.
(C)(1) In each sale by a seller permitted to collect use tax
under division (B) of this section, the seller shall clearly
indicate on each invoice or other similar document provided to the
purchaser at the time of the sale that the seller is authorized to
collect use tax at the rate prescribed in division (B)(3) of this
section.
(2) If a purchaser purchases tangible personal property from
a seller permitted to collect use tax pursuant to division (B) of
this section and pays the tax due under that division to the
seller, no assessment may be made against the purchaser for
additional tax due under section 5741.021, 5741.022, or 5741.023
of the Revised Code unless the purchaser subsequently removes the
property from the tax jurisdiction in which the resident received
the property to another tax jurisdiction with a higher tax rate.
(3) Nothing in this section relieves a person that claims to
be authorized to collect the tax as provided in division (B) of
this section, but that is not so authorized, from liability for
tax, penalties, interest, or additional charges imposed under this
chapter for failure to collect the amount of tax lawfully due
applying the situsing provisions of division (A) of this section.
(D) A vendor or seller
is not responsible for collecting or
remitting additional tax if a
consumer subsequently stores, uses,
or consumes the tangible
personal property or service in another
jurisdiction with a rate
of tax imposed by sections 5741.02,
5741.021, 5741.022, or
5741.023 of the Revised Code that is higher
than the amount
collected by the vendor or seller pursuant to
Chapter 5739. or
5741. of the Revised Code.
Sec. 5741.121. (A) If the total amount of tax required to
be
paid by a seller or consumer under section 5741.12 of the Revised
Code
for any year equals or
exceeds seventy-five thousand dollars,
the seller or
consumer shall remit each monthly tax payment in the
second
ensuing and each succeeding year by electronic funds
transfer as
prescribed by division (B) of this section.
If a seller's or consumer's tax payment for each of two
consecutive
years is less than
seventy-five thousand
dollars, the
seller or consumer is relieved of the requirement to remit
taxes
by electronic funds transfer for the year that next follows
the
second of the consecutive years in which the tax payment is
less
than that amount, and is relieved of
that
requirement for each
succeeding year, unless the tax payment in a
subsequent year
equals or exceeds seventy-five thousand
dollars.
The tax commissioner shall notify each seller or consumer
required to
remit taxes by electronic funds transfer of the
seller's or consumer's
obligation to do so, shall maintain an
updated list of those sellers and
consumers, and shall timely
certify the list and any additions
thereto or deletions therefrom
to the treasurer of state.
Failure by the tax commissioner to
notify a seller or consumer subject to
this section to remit taxes
by electronic funds transfer does not
relieve the seller or
consumer of the obligation to remit
taxes by electronic funds
transfer.
(B) Sellers and consumers required by division (A) of this
section to
remit payments by electronic funds transfer shall remit
such
payments to the treasurer of state in the manner prescribed
by this section and
rules adopted by the treasurer of state under
section 113.061 of the
Revised Code, and on or before the
following dates as follows:
(1)(a) On or before the fifteenth day of each month, a seller
shall remit an amount equal to the taxes collected during the
first eleven days of the month. On or before the twenty-fifth day
of each month, a seller shall remit an amount equal to the taxes
collected on the twelfth through the twenty-first day of the
month.
(b) In lieu of remitting the actual amounts collected for the
periods specified in division (B)(1)(a) of this section, a seller
may, on or before each of the fifteenth and twenty-fifth days of
each month, remit an amount equal to thirty-seven and one-half per
cent of the seller's total tax liability for the same month in the
preceding calendar year.
(2) On or before each of the fifteenth and twenty-fifth days
of each month, a consumer shall remit an amount equal to
thirty-seven and one-half per cent of the consumer's total tax
liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a seller
or consumer shall remit an amount equal to seventy-five per cent
of the anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a seller
shall report the taxes collected and a consumer shall report the
taxes due for the previous month and shall remit that amount, less
any amounts paid for that month as required by division (B)(1)(a)
or (b) or (B)(2) of this section.
The payment of taxes by electronic
funds transfer does not
affect a seller's or consumer's obligation to file
the monthly
return as required under section 5741.12 of the
Revised Code.
(C) A seller or consumer required by this section to remit
taxes by
electronic funds transfer may apply to the treasurer of
state in
the manner prescribed by the treasurer of state to be
excused from that
requirement. The treasurer of state may excuse
the seller or consumer from
remittance by electronic funds
transfer for good cause shown for
the period of time requested by
the seller or consumer or for a portion of
that period. The
treasurer of state shall notify the tax commissioner and
the
seller or consumer of the treasurer of state's decision as soon as
is
practicable.
(D)(1)(a) If a seller or consumer that is required to remit
payments under division (B) of this section fails to make a
payment, or makes a payment under division (B)(1) of this section
that is less than seventy-five per cent of the actual liability
for that month, the commissioner may impose an additional charge
not to exceed five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the
seller's or consumer's payment under division (B)(1) of this
section is equal to or greater than seventy-five per cent of the
seller's or consumer's reported liability for the same month in
the immediately preceding calendar year.
(2) If a seller or consumer required by this section to remit
taxes
by electronic funds transfer remits those taxes by some
means
other than by electronic funds transfer as prescribed by the
rules adopted by the treasurer of state, and the treasurer of
state
determines that such failure was not due to reasonable cause
or
was due to willful neglect, the treasurer of state shall notify
the tax
commissioner of the failure to remit by electronic funds
transfer
and shall provide the commissioner with any information
used in
making that determination. The tax commissioner may impose
an
additional charge not to exceed the lesser of five per cent of
the amount of the taxes required to be
paid by electronic funds
transfer or five
thousand dollars.
(3) Any additional charge imposed under this
section is in
addition to any other penalty or charge imposed
under this
chapter, and shall be considered as revenue arising
from taxes
imposed under this chapter. An additional charge may be collected
by assessment in the manner prescribed by section 5741.13 of the
Revised Code. The tax commissioner may
waive all or a portion of
such a charge and may adopt rules
governing such waiver.
No additional charge shall be imposed under division (D)(2)
of this section
against a seller or consumer that has been
notified of the
obligation to remit taxes under this section and
that remits its first two tax
payments after such notification by
some means other than
electronic funds transfer. The additional
charge may be imposed
upon the remittance of any subsequent tax
payment that the seller or
consumer remits by some means other
than electronic funds
transfer.
Sec. 5741.122. (A) If required by the tax commissioner, a
person required to make payments by electronic funds transfer
under section 5739.032 or 5741.121 of the Revised Code shall file
all returns and reports electronically. The commissioner may
require the person to use the Ohio business gateway, as defined in
section 718.051 of the Revised Code, or any other electronic
means, to file the returns and reports, or to remit the tax, in
lieu of the manner prescribed by the treasurer of state under
sections 5739.032 and 5741.121 of the Revised Code.
(B) A person required under this section to file reports and
returns electronically may apply to the commissioner to be excused
from that requirement. Applications shall be made on a form
prescribed by the commissioner. The commissioner may approve the
application for good cause.
(C)(1) If a person required to file a report or return
electronically under this section fails to do so, the commissioner
may impose an additional charge not to exceed the following:
(a) For each of the first two failures, five per cent of the
amount required to be reported on the report or return;
(b) For the third and any subsequent failure, ten per cent of
the amount required to be reported on the report or return.
(2) The charges authorized under division (C)(1) of this
section are in addition to any other charge or penalty authorized
under this chapter, and shall be considered as revenue arising
from taxes imposed under this chapter. An additional charge may be
collected by assessment in the manner prescribed by section
5741.13 of the Revised Code. The commissioner may waive all or a
portion of such a charge and may adopt rules governing such
waiver.
Sec. 5743.01. As used in this chapter:
(A) "Person" includes individuals, firms, partnerships,
associations, joint-stock companies, corporations, combinations
of
individuals of any form, and the state and any of its
political
subdivisions.
(B) "Wholesale dealer" includes only those persons:
(1) Who bring in or cause to be brought into this state
unstamped cigarettes purchased directly from the manufacturer,
producer, or importer of cigarettes for sale in this state but
does not include persons who bring in or cause to be brought into
this state cigarettes with respect to which no evidence of tax
payment is required thereon as provided in section 5743.04 of the
Revised Code; or
(2) Who are engaged in the business of selling cigarettes
or
tobacco products to others for the purpose of resale.
"Wholesale dealer" does not include any cigarette
manufacturer, export warehouse proprietor, or importer with a
valid permit under 26 U.S.C. 5713 if that person sells cigarettes
in this state only to wholesale dealers holding valid and current
licenses under section 5743.15 of the Revised Code or to an export
warehouse proprietor or another manufacturer.
(C) "Retail dealer" includes:
(1) In reference to dealers in cigarettes, every person
other
than a wholesale dealer engaged in the business of selling
cigarettes in this state, regardless of whether the person is
located in this state or elsewhere, and regardless of quantity,
amount, or
number of sales;
(2) In reference to dealers in tobacco products, any
person
in this state engaged in the business of selling tobacco
products
to ultimate consumers in this state, regardless of
quantity,
amount, or number of sales.
(D) "Sale" includes exchange, barter, gift, offer for
sale,
and distribution, and includes transactions in interstate
or
foreign commerce.
(E) "Cigarettes" includes any roll for smoking made wholly
or
in part of tobacco, irrespective of size or shape, and whether
or
not such tobacco is flavored, adulterated, or mixed with any
other
ingredient, the wrapper or cover of which is made of paper,
reconstituted cigarette tobacco, homogenized cigarette tobacco,
cigarette tobacco sheet, or any similar materials other than
cigar
tobacco.
(F) "Package" means the individual package, box, or other
container in or from which retail sales of cigarettes are
normally
made or intended to be made.
(G) "Stamp" includes an impression made by a metering
device
as provided for in section 5743.04 of the Revised Code.
(H) "Storage" includes any keeping or retention of
cigarettes
or tobacco products for use or consumption in this
state.
(I) "Use" includes the exercise of any right or power
incidental to the ownership of cigarettes or tobacco products.
(J) "Tobacco product" or "other tobacco product" means any
product made from tobacco,
other than cigarettes, that is made for
smoking or chewing, or
both, and snuff.
(K) "Wholesale price" means the invoice price, including
all
federal excise taxes, at which the manufacturer of the
tobacco
product sells the tobacco product to unaffiliated
distributors,
excluding any discounts based on the method of
payment of the
invoice or on time of payment of the invoice. If
the taxpayer buys
from other than a manufacturer, "wholesale
price" means the
invoice price, including all federal excise
taxes and excluding
any discounts based on the method of payment
of the invoice or on
time of payment of the invoice.
(1) Any manufacturer who sells, barters, exchanges,
or
distributes tobacco products to a retail dealer in the
state,
except when selling to a retail dealer that has filed with
the
manufacturer a signed statement agreeing to pay and be liable for
the tax
imposed by section 5743.51 of the Revised Code;
(2) Any wholesale dealer located in the state who receives
tobacco products from a manufacturer, or who receives tobacco
products on which the tax imposed by this chapter has not been
paid;
(3) Any wholesale dealer located outside the state who
sells,
barters, exchanges, or distributes tobacco products to a
wholesale
or retail dealer in the state; or
(4) Any retail dealer who receives tobacco products on
which
the tax has not or will not be paid by another
distributor,
including a retail dealer that has
filed a signed statement with a
manufacturer in
which the retail dealer agrees to pay and be
liable for
the tax that would otherwise be imposed on the
manufacturer by section 5743.51 of the Revised Code.
(M) "Taxpayer" means any person liable for the tax imposed
by
section 5743.51, 5743.62, or 5743.63 of the Revised Code.
(N) "Seller" means any person located outside this state
engaged in the business of selling tobacco products to consumers
for storage, use, or other consumption in this state.
(O) "Manufacturer" means any person who manufactures and
sells cigarettes or tobacco products.
(P) "Importer" means any person that imports is authorized,
under a valid permit issued under Section 5713 of the Internal
Revenue Code, to import finished cigarettes into the United
States, either directly or indirectly.
Sec. 5743.20. No person shall sell any cigarettes both as a
retail dealer and
as a wholesale dealer at the same place of
business. No person other than a licensed wholesale dealer shall
sell
cigarettes to a licensed retail dealer. No retail dealer
shall purchase cigarettes from any person other than a licensed
wholesale dealer.
Subject to section 5743.031 of the Revised Code, a licensed
wholesale dealer may not sell cigarettes to any person in this
state other than a licensed retail dealer, except a licensed
wholesale dealer may sell cigarettes to another licensed wholesale
dealer if the tax commissioner has authorized the sale of the
cigarettes between those wholesale dealers and the wholesale
dealer that sells the cigarettes received them directly from a
licensed manufacturer or licensed importer.
The tax commissioner shall adopt rules governing sales of
cigarettes between licensed wholesale dealers, including rules
establishing criteria for authorizing such sales.
No manufacturer or importer shall sell cigarettes to any
person in this state other than to a licensed wholesale dealer or
licensed importer. No importer shall purchase cigarettes from any
person other than a licensed manufacturer or licensed importer.
A retail dealer may purchase other tobacco products only from
a licensed distributor. A licensed distributor may sell tobacco
products only to a retail dealer, except a licensed distributor
may sell tobacco products to another licensed distributor if the
tax commissioner has authorized the sale of the tobacco products
between those distributors and the distributor that sells the
tobacco products received them directly from a manufacturer or
importer of tobacco products.
The tax commissioner may adopt rules governing sales of
tobacco products between licensed distributors, including rules
establishing criteria for authorizing such sales.
The identities of licensed distributors cigarette
manufacturers and importers, licensed cigarette wholesalers,
licensed distributors of other tobacco products, and registered
manufacturers, importers, and brokers of other tobacco products
are subject to public disclosure. The tax commissioner shall
maintain an alphabetical list of all such distributors
manufacturers, importers, wholesalers, distributors, and brokers,
shall post the list on a web site accessible to the public through
the internet, and shall periodically update the web site posting.
As used in this section, "licensed" means the manufacturer,
importer, wholesale dealer, retail dealer, or distributor holds a
current and valid license issued under section 5743.15 or 5743.61
of the Revised Code, and "registered" means registered with the
tax commissioner under section 5743.66 of the Revised Code.
Sec. 5743.99. (A) Whoever (1) Except as provided in
division (A)(2) of this section, whoever violates section 5743.10,
5743.11,
or 5743.12 or division (C) of section 5743.54 of
the
Revised Code
is guilty of a misdemeanor of the first degree. If
the offender
has been previously convicted of an offense under
this division,
violation is a felony of the fourth degree.
(2) Unless the total number of cigarettes exceeds one
thousand two hundred, an individual who violates section 5743.10
of the Revised Code is guilty of a minor misdemeanor. If the
offender has been previously convicted of an offense under this
division, violation is a misdemeanor of the first degree.
(B) Whoever violates section 5743.111, 5743.112, 5743.13,
5743.14,
5743.59, or 5743.60 of the Revised Code is guilty of a
felony of
the fourth degree. If the offender has been previously
convicted
of an offense under this division, violation is a felony
of the
second degree.
(C) Whoever violates section 5743.41 or 5743.42 of the
Revised Code is guilty of a misdemeanor of the fourth degree. If
the offender has been previously convicted of an offense under
this division, violation is a misdemeanor of the third degree.
(D) Whoever violates section 5743.21 of the Revised Code is
guilty of a misdemeanor of
the
first degree. If the offender has
been previously convicted of an offense
under this division,
violation is a felony of the fifth degree.
(E) Whoever violates division (F) of section 5743.03 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(F) Whoever violates any provision of this chapter, or any
rule promulgated by the tax commissioner under authority of this
chapter, for the violation of which no penalty is provided
elsewhere, is guilty of a misdemeanor of the fourth degree.
(G) In addition to any other penalty imposed upon a person
convicted of a violation of section 5743.112 or 5743.60 of the
Revised Code who was the operator of a motor vehicle used in the
violation, the
court shall suspend
for not less than thirty days
or more than three years the
offender's
driver's
license,
commercial driver's license, temporary instruction permit,
probationary
license, or nonresident operating privilege.
The
court shall send
a copy of its suspension order and
determination
to the
registrar
of motor vehicles, and the
registrar, pursuant to
the
order and
determination,
shall impose a
suspension of the
same
duration. No judge shall suspend the first
thirty days of
suspension of an offender's license, permit, or
privilege required
by this division.
Sec. 5745.02. (A) The annual report filed under section
5745.03
of the Revised Code determines a taxpayer's Ohio net
income and
the portion of Ohio net income to be apportioned to a
municipal
corporation.
(B) A taxpayer's Ohio net income is determined by
multiplying
the
taxpayer's adjusted
federal taxable income by the
sum of the
property factor multiplied
by one-third, the payroll
factor
multiplied by one-third, and the sales factor
multiplied by
one-third.
If the denominator of one of the factors is zero, the
remaining two factors
each shall be multiplied by one-half instead
of one-third; if the denominator
of two of the factors is zero,
the remaining factor shall be multiplied by
one.
The property,
payroll, and sales factors shall be determined in the manner
prescribed by divisions (B)(1), (2), and (3) of this section.
(1) The property factor is a fraction, the numerator of
which
is the average value of the taxpayer's real and tangible
personal
property owned or rented, and used in
business in this state
during the taxable year, and the
denominator of which is the
average value of all the
taxpayer's real and tangible personal
property owned or
rented, and used in business everywhere during
such
year.
Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer is valued at
eight
times the net annual rental rate.
"Net annual rental rate"
means
the annual rental rate paid by the taxpayer less any
annual rental
rate received by the taxpayer from subrentals.
The average value
of property shall be determined by
averaging the values at the
beginning and the end of the taxable
year, but the tax
commissioner may require the averaging of
monthly values during
the taxable year, if reasonably required to
reflect properly the
average value of the taxpayer's property.
(2) The payroll factor is a fraction, the numerator of
which
is the total amount paid in this state during the taxable
year by
the taxpayer for compensation, and the denominator of
which is the
total compensation paid everywhere by the
taxpayer during such
year. Compensation means any form of remuneration paid
to an
employee for personal services. Compensation is paid in this
state
if:
(a) the
recipient's service is performed entirely
within this
state, (b)
the recipient's service is performed both
within and
without this
state, but the service performed without
this state
is incidental
to the recipient's service within this
state, or (c)
some of the
service is performed within this state
and either the
base of
operations, or if there is no base of
operations, the
place from
which the service is directed or
controlled is within
this state,
or the base of operations or the
place from which the
service is
directed or controlled is not in
any state in which
some part of
the service is performed, but the
recipient's
residence is in
this state.
(3) The sales factor is a fraction, the
numerator of which
is
the total sales in this state by the taxpayer during the
taxable
year, and the denominator of which is the total sales by
the
taxpayer everywhere during such year.
Sales of electricity shall
be sitused to this state in the manner
provided under section
5733.059 of the Revised Code.
In determining the
numerator and
denominator of the sales factor, receipts from the
sale or other
disposal of a capital asset or an asset described
in section 1231
of the Internal Revenue Code shall
be eliminated.
Also, in
determining the numerator and denominator of the sales
factor, in
the case of a reporting taxpayer owning at least
eighty per cent
of the issued and outstanding common stock of one
or more
insurance companies or public utilities, except an electric
company, a combined company, or a telephone company,
or owning at
least twenty-five per cent of the issued and
outstanding common
stock of one or more financial institutions,
receipts received by
the reporting taxpayer from such utilities,
insurance
companies,
and financial institutions shall be
eliminated.
For the purpose of division (B)(3) of this
section, sales of
tangible personal property are in this
state where such property
is received in this state by the
purchaser. In the case of
delivery of tangible personal property
by common carrier or by
other means of transportation, the place
at which such property is
ultimately received after all
transportation has been completed
shall be considered as the
place at which such property is
received by the purchaser.
Direct delivery in this state, other
than for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
this state, and direct
delivery outside this state to a person or
firm designated by a
purchaser does not constitute delivery to the
purchaser in this
state, regardless of where title passes or other
conditions of
sale.
Sales, other than sales of electricity or tangible personal
property, are
in this state if either
the income-producing
activity
is performed solely in this
state, or
the
income-producing
activity is performed both
within and without
this state and a
greater proportion of the
income-producing
activity is
performed
within this state than in
any other state,
based on costs of
performance.
For the purposes of division (B)(3) of this section, the tax
commissioner may adopt rules to apportion sales within this state.
(C) The portion of a taxpayer's Ohio net income taxable
by
each
municipal corporation imposing an income tax shall be
determined by
multiplying the taxpayer's Ohio net income by the
sum of the
municipal
property factor multiplied by one-third, the
municipal payroll factor
multiplied by
one-third, and the
municipal sales factor multiplied by one-third,
and subtracting
from the product so obtained any
"municipal net
operating loss
carryforward from prior taxable years."
If the denominator of one
of the factors is zero, the remaining two factors
each shall be
multiplied by one-half instead of one-third; if the denominator
of
two of the factors is zero, the remaining factor shall be
multiplied by one.
In calculating the
"municipal net operating
loss carryforward from prior
taxable years" for each municipal
corporation, net operating losses are
apportioned in and out of a
municipal corporation for the taxable year in which
the net
operating loss occurs in the same manner that positive net income
would
have been so apportioned. Any net operating loss for a
municipal corporation
may be applied to subsequent net income in
that municipal corporation to reduce
that income to zero or until
the net operating loss has been fully used as a
deduction. The
unused portion of net operating losses for each taxable year
apportioned to a municipal corporation may only be applied against
the income
apportioned to that municipal corporation for five
subsequent taxable years.
Net operating losses occurring in
taxable years ending before 2002 may not be
subtracted under this
section.
A taxpayer's municipal property, municipal payroll, and
municipal
sales factors for a municipal corporation shall be
determined as provided in
divisions (C)(1), (2), and (3) of this
section.
(1) The municipal property factor is the quotient obtained
by
dividing (a) the average value of real and tangible personal
property owned or rented by the taxpayer and used in business in
the municipal
corporation during the taxable
year by (b) the
average value of all of the taxpayer's real
and
tangible personal
property owned or rented and used in business during that
taxable
year in this
state. The
value and average value of such property
shall be determined in the same
manner provided in
division (B)(1)
of this section.
(2) The municipal payroll factor is the quotient obtained by
dividing (a) the total amount of compensation earned in the
municipal corporation by the
taxpayer's employees during the
taxable year for services performed for the taxpayer and that is
subject to income tax
withholding by the
municipal corporation by
(b) the total amount of compensation paid by the
taxpayer to its
employees in this state during the taxable year.
Compensation has
the same meaning as in division (B)(2) of this section.
(3) The municipal sales
factor is a fraction, the numerator
of which
is the taxpayer's total sales in a municipal corporation
during the
taxable year, and the denominator of which is the
taxpayer's total sales
in this state during such year.
For the purpose of division (C)(3) of this section, sales of
tangible personal property are in the municipal corporation
where
such property is received in the municipal corporation by the
purchaser. Sales of electricity directly to the consumer customer,
as
defined in
section 5733.059 of the Revised Code, shall be
considered sales of tangible
personal property. In the case of
the
delivery of tangible personal property
by common carrier or by
other means of transportation, the place at which such
property
ultimately is received after all transportation has been completed
shall be considered as the place at which the property is received
by the
purchaser. Direct delivery in the municipal corporation,
other than
for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
that municipal corporation, and
direct
delivery outside the
municipal corporation to a person or firm designated by a
purchaser does not constitute delivery to the purchaser in that
municipal
corporation, regardless of where title passes or other
conditions of
sale. Sales, other than sales of tangible personal
property, are
in the municipal corporation if either:
(a) The income-producing activity is performed solely in
the
municipal corporation;
(b) The income-producing activity is performed both
within
and without the municipal corporation and a greater proportion of
the
income-producing activity is
performed within that municipal
corporation than
any other location in this state, based on costs
of performance.
For the purposes of division (C)(3) of this section, the tax
commissioner may adopt rules to apportion sales within each
municipal corporation.
(D) If a taxpayer is a combined company as defined in
section
5727.01 of the Revised Code, the municipal property,
payroll, and
sales
factors under
division (C) of this section
shall be adjusted
as follows:
(1) The numerator of the municipal property factor shall
include only the
value, as determined under division (C)(1) of
this
section, of the company's real and tangible property in the
municipal
corporation attributed to
the company's activity as an
electric company using the same
methodology prescribed under
section 5727.03 of the Revised Code
for taxable tangible personal
property.
(2) The numerator of the municipal payroll factor shall
include only
compensation paid in the municipal corporation by the
company to its employees
for
personal services rendered in the
company's activity as an
electric company.
(3) The numerator of the municipal sales factor shall
include
only the
sales of tangible personal property and services,
as
determined under division
(C)(3) of this section, made in the
municipal corporation in the
course of the company's activity as
an electric company.
(E)(1) If the provisions for apportioning adjusted federal
taxable income or Ohio net income under
divisions (B),
(C), and
(D)
of this section do not fairly represent
business activity in
this
state or among municipal corporations, the tax
commissioner
may
adopt rules for apportioning such income by an alternative
method
that fairly represents business activity in this state or
among
municipal corporations.
(2) If any of the factors determined under division (B),
(C),
or (D) of this
section does not fairly represent the extent
of a
taxpayer's business
activity in this state or among municipal
corporations, the taxpayer may
request, or the
tax commissioner
may require,
that the taxpayer's adjusted federal taxable income
or Ohio net
income
be determined by an alternative method,
including
any of the alternative methods enumerated in division
(B)(2)(d) of section 5733.05 of the Revised Code.
A taxpayer
requesting an alternative
method shall make the request in
writing
to the tax commissioner either with the annual report, a
timely
filed amended report, or a timely filed petition for
reassessment.
When the tax commissioner requires or permits an
alternative
method under division (E)(2) of this section, the tax
commissioner
shall cause a written
notice to that effect to be delivered to any
municipal corporation
that would be affected by application of the
alternative method.
Nothing in this division shall be construed
to extend any statute
of limitations under this chapter.
(F)(1) The tax commissioner may adopt rules providing for
the
combination of
adjusted
federal taxable incomes of taxpayers
satisfying the ownership or control
requirements of section
5733.052 of the Revised Code if the tax commissioner
finds that
such
combinations are necessary to properly reflect adjusted
federal taxable
income,
Ohio net income, or the portion of Ohio
net income to be
taxable by municipal corporations.
(2) A taxpayer satisfying the ownership or control
requirements
of section 5733.052 of the Revised Code with respect
to one or
more other taxpayers may not combine their adjusted
federal taxable incomes
for the purposes of
this section unless
rules are adopted under division (F)(1) of this
section allowing
such a combination or the tax commissioner finds
that such a
combination is necessary to properly reflect the taxpayers'
adjusted federal
taxable incomes, Ohio
net incomes, or the portion
of Ohio net incomes to be subject to
taxation within a municipal
corporation.
(G) The tax commissioner may adopt rules providing for
alternative apportionment methods for a telephone company.
Sec. 5745.05. (A) Prior to the first day of March,
June,
September, and December, the tax
commissioner shall certify to the
director of budget and management the amount
to be paid to each
municipal corporation, as indicated on the declaration of
estimated tax
reports and annual reports received under sections
5745.03 and 5745.04 of the
Revised Code, less any amounts
previously distributed and net of any audit adjustments made by
the tax
commissioner. Not later
than the first day of March,
June,
September, and
December, the
director of budget and
management
shall provide for payment of the amount
certified to
each
municipal corporation from the municipal income tax fund,
plus a
pro rata share of any investment earnings
accruing to the
fund
since the previous payment under this section
apportioned
among
municipal corporations entitled to such payments
in
proportion to
the amount certified by the tax commissioner.
(B) If the tax commissioner determines that the amount of
tax
paid by a taxpayer and distributed to a municipal corporation
under this
section for a taxable year exceeds the amount payable
to that municipal
corporation under this chapter after accounting
for amounts remitted with the
annual report and as estimated
taxes, the tax commissioner shall permit the
taxpayer to credit
the excess against the taxpayer's payments to the
municipal
corporation of estimated taxes remitted for an ensuing taxable
year
under section
5745.04 of the Revised Code. If, upon the
written request of the taxpayer,
the tax commissioner determines
that the excess to be so credited is likely to exceed the amount
of estimated taxes payable by the taxpayer to the
municipal
corporation during the ensuing twelve months, the tax
commissioner
shall so notify the municipal corporation and the
municipal
corporation shall issue a refund of the excess to the
taxpayer
within ninety days after receiving such a notice.
Interest shall
accrue on the amount to be
refunded and is payable to the taxpayer
at the rate per annum
prescribed by section 5703.47 of the Revised
Code from the
ninety-first day after the notice is received by the
municipal corporation
until the day the refund is
paid.
Immediately after notifying a municipal corporation under this
division of an excess to be refunded, the commissioner also shall
notify the director of budget and management of the amount of the
excess, and the director shall transfer from the municipal income
tax administrative fund to the municipal income tax fund one and
one-half per cent of the amount of the excess. The commissioner
shall include the transferred amount in the computation of the
amount due the municipal corporation in the next certification to
the director under division (A) of this section.
Sec. 5745.13. If, upon examination of any books, records,
reports, or other documents of a taxpayer, the tax commissioner
determines that an adjustment shall be made in the portion of the
taxpayer's
income that is to be apportioned to a municipal
corporation, the tax
commissioner shall notify the taxpayer and,
if the adjustment causes an adjustment in the taxpayer's tax owed
to a municipal corporation for the taxpayer's taxable year of
more
than five hundred dollars, shall notify each affected that
municipal corporation that the
taxpayer's tax has been adjusted.
Any municipal corporation to which such a notice is issued
may
request a review and redetermination of the taxpayer's federal
taxable
income, Ohio net income, or the portion of Ohio net income
apportioned to the municipal corporation by filing a petition with
the tax
commissioner not later than sixty days after the tax
commissioner issues the
notice. The petition shall be filed
either
personally or by
certified mail, and shall indicate the
objections
of the municipal
corporation.
Upon receiving such a petition, if a hearing is requested the
tax
commissioner shall assign
a time and place for a hearing on
the petition and shall notify the
petitioner of the time and place
of the hearing by ordinary mail. The
tax commissioner may
continue
the hearing from time to time as
necessary. The tax
commissioner
shall make any correction to the
taxpayer's federal
taxable
income, Ohio net income, or apportionment
of Ohio net
income that
the commissioner finds proper,
and
issue notice of any
correction
by ordinary mail
to the petitioner, to each other
municipal
corporation affected by
the correction of the
apportionment, and
to the taxpayer. The tax
commissioner's
decision on the matter is
final, and is not subject to further
appeal.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
that is not otherwise defined in this section
has the same meaning
as when used in a comparable context in the
laws of the United
States
relating to federal income taxes or if not used in a
comparable context in those laws, has the same meaning as in
section 5733.40 of the Revised Code. Any reference in this chapter
to the Internal Revenue Code includes other laws of the United
States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of
any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted
gross income but exempt
from state income taxes under the
laws of
the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act
and tier 1 railroad retirement benefits to the extent
included
in
federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust
that makes an accumulation distribution as defined in
section 665
of the Internal Revenue Code,
add, for the
beneficiary's taxable
years
beginning before 2002,
the portion, if
any, of
such
distribution
that does not exceed the
undistributed
net
income of
the trust for
the three taxable years
preceding the
taxable year
in which the
distribution is made
to
the extent that the portion
was not included in the trust's
taxable income for any of the
trust's taxable years beginning in
2002 or thereafter.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition units purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702B(c) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable
year beginning after December 31, 2005, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross
income of the taxpayer and the taxpayer's
spouse for the
taxable
year does not exceed one hundred thousand dollars, or
if
the
taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts
paid during the
taxable year for qualified tuition and
fees paid
to an eligible institution
for the taxpayer, the
taxpayer's
spouse, or any dependent of the taxpayer, who
is a
resident of
this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The
deduction
may be claimed only to the extent that qualified
tuition
and fees are not
otherwise deducted or excluded for any
taxable
year from federal or
Ohio adjusted gross income. The
deduction
may
not be claimed for educational expenses for which
the taxpayer
claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax
commissioner, under procedures established by the
commissioner,
may waive the add-backs related to a pass-through
entity if the
taxpayer owns, directly or indirectly, less than
five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall
be apportioned, subject to one or more of the four
alternative
methods of apportionment enumerated in section 5747.21
of the
Revised Code.
(d) For the purposes of division (A) of this section, net
operating loss carryback and carryforward shall not include
five-sixths of the allowance of any net operating loss deduction
carryback or carryforward to the taxable year to the extent such
loss resulted from depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179
depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to one or more of the
four alternative
methods of apportionment enumerated in section
5747.21 of the
Revised Code.
(c) No deduction is available under division (A)(21)(a) of
this section with regard to any depreciation allowed by section
168(k) of the Internal Revenue Code and by the qualifying section
179 depreciation expense amount to the extent that such
depreciation resulted in or increased a federal net operating loss
carryback or carryforward to a taxable year to which division
(A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
reimbursement for life insurance premiums under section 5919.31 of
the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
a death benefit paid by the adjutant general under section 5919.33
of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross
income and not otherwise allowable as a deduction or exclusion in
computing federal or Ohio adjusted gross income for the taxable
year, military pay and allowances received by the taxpayer during
the taxable year for active duty service in the United States
army, air force, navy, marine corps, or coast guard or reserve
components thereof or the national guard. The deduction may not be
claimed for military pay and allowances received by the taxpayer
while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year and not otherwise compensated for by
any other source, the amount of qualified organ donation expenses
incurred by the taxpayer during the taxable year, not to exceed
ten thousand dollars. A taxpayer may deduct qualified organ
donation expenses only once for all taxable years beginning with
taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human
bone marrow.
(b) "Qualified organ donation expenses" means travel
expenses, lodging expenses, and wages and salary forgone by a
taxpayer in connection with the taxpayer's donation, while living,
of one or more of the taxpayer's human organs to another human
being.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business
income and may include, but is not limited to,
compensation, rents
and royalties from real or tangible personal
property, capital
gains, interest, dividends and distributions,
patent or copyright
royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months
ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code are not controlling for purposes of
division
(I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in
whole or
in part,
of assets, net of any related
liabilities, that
were
transferred, or caused to be transferred,
directly or
indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or
instrumentality on account of the death of a decedent, but only if
the trust is described in division (I)(3)(e)(i)
or (ii) of this
section;
(ii) A person who
was domiciled in this state
for the
purposes of
this chapter when the person directly or indirectly
transferred
assets to an irrevocable trust, but only if at least
one of the
trust's qualifying beneficiaries is domiciled in this
state for
the purposes of this chapter during all or some portion
of the
trust's current taxable year;
(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if at least
one
of
the trust's qualifying beneficiaries is a
resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year. If
a trust document or instrument became irrevocable upon the death
of a person who at the time of death was domiciled in this state
for purposes of this chapter, that person is a person described in
division (I)(3)(a)(iii) of this section.
(b) A trust is
irrevocable to
the extent that the transferor
is not
considered to
be the owner
of the net assets of the trust
under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of
the sources enumerated in division (I)(3)(a) of this section shall
be ascertained without regard to the domicile of the trust's
beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent
before the decedent's death and while the decedent was
domiciled
in this state for the purposes of this chapter, and,
prior to the
death of the decedent, the trust became irrevocable
while the
decedent was domiciled in this state for the purposes of
this
chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of
a testator.
(vi) The transfer is made to a trust created by or caused
to
be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a
resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by
section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to
estates
and
trusts,
and means
federal
taxable income, as
defined
and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent
that such net amount is not otherwise includible in Ohio
taxable
income and is described in either division (S)(1)(a) or
(b) of
this section:
(a) The net amount is not attributable to the S portion of
an
electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-through entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002 or thereafter.
(T) "School district income" and "school district income
tax"
have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to
the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable
income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical
assets in this state and everywhere, as of the last day
of the
qualifying investee's fiscal or calendar year ending
immediately
prior to the date on which the trust recognizes the
gain or loss,
is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a)
to (c) of this section:
(a)
The fraction,
calculated under section 5747.013, and
applying
section 5747.231 of the Revised Code, multiplied by the
sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in
section 5747.012 of the Revised Code, but only to the extent
the
qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the
numerator of which is the sum of the
book value of
the
qualifying
investee's physical assets in this state
on the last day of the
qualifying
investee's fiscal or calendar year ending immediately
prior to the
day on which the trust recognizes the qualifying
trust amount, and
the denominator of which is the sum of the book
value of the
qualifying investee's total physical assets
everywhere
on the last day of the qualifying investee's
fiscal or
calendar year ending immediately prior to the day on
which the
trust recognizes the qualifying trust amount.
If, for a
taxable
year, the trust
recognizes a qualifying
trust amount
with
respect
to more than one
qualifying investee, the amount
described
in
division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is
a resident as ascertained in accordance
with division (I)(3)(d) of
this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided
in division (BB)(4)(c)(ii) of this section. With respect to a
trust or portion of a trust that is not a resident as ascertained
in accordance with division (I)(3)(d) of this section, the trust's
portion of modified nonbusiness income recognized from the sale,
exchange, or other disposition of a debt interest in or equity
interest in a section 5747.212 entity, as defined in section
5747.212 of the Revised Code, without regard to division (A) of
that section, shall not be allocated to this state in accordance
with section 5747.20 of the Revised Code but shall be apportioned
to this state in accordance with division (B) of section 5747.212
of the Revised Code without regard to division (A) of that
section.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this
section, "qualifying investee" means a person
in which a trust
has
an equity or ownership interest, or a person
or unit of
government
the debt obligations of either of which are
owned by a
trust.
For
the purposes of division (BB)(2)(a) of this
section and for the
purpose of computing the fraction described in
division (BB)(4)(b)
of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also
a qualifying investee, is deemed to own, on the last day of
the
upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division
(BB)(5)(a)(iii) of this section shall be construed to
provide for
any deduction or
exclusion in computing any trust's
Ohio taxable
income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is
able to learn of the information by the due date plus
extensions,
if any, for filing the return for the taxable year in
which the
trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in
section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a
qualifying corporation.
(b) "Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:
(i) A corporation that has made an election under subchapter
S, chapter one, subtitle A, of the Internal Revenue Code for its
taxable year ending within, or on the last day of, the investor's
taxable year;
(ii) A subsidiary that is wholly owned by any corporation
that has made an election under subchapter S, chapter one,
subtitle A of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated
otherwise, no qualifying person indirectly owns any asset directly
or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the
Revised Code:
(1) "Trust" does not include a qualified pre-income tax
trust.
(2) A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an
election by a pre-income tax trust to subject to the tax imposed
by section 5751.02 of the Revised Code the pre-income tax trust
and all pass-through entities of which the trust owns or controls,
directly, indirectly, or constructively through related interests,
five per cent or more of the ownership or equity interests. The
trustee shall notify the tax commissioner in writing of the
election on or before April 15, 2006. The election, if timely
made, shall be effective on and after January 1, 2006, and shall
apply for all tax periods and tax years until revoked by the
trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of
the following requirements:
(a) The document or instrument creating the trust was
executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the
trust; and
(c) The grantor was domiciled in this state at the time the
trust was created.
Sec. 5747.03. (A) All money collected under this chapter
arising from the taxes imposed by section 5747.02 or
5747.41 of
the Revised
Code shall be credited to the general revenue fund,
except
that
the treasurer of state shall:
(1) Credit an amount equal to four and two-tenths
per cent of
those taxes collected under this chapter to the local
government
fund, which is hereby created in the state treasury, for
distribution in accordance with section 5747.50 of the Revised
Code;
(2) Credit an amount equal to five and seven-tenths per cent
of those taxes
collected under this chapter to the library and
local government support fund, which is hereby created in the
state treasury, for distribution in accordance with section
5747.47 of the Revised Code;
(3) At, at the beginning of each calendar quarter, credit to
the Ohio political party fund, pursuant to section 3517.16 of the
Revised Code, an amount equal to the total dollar value realized
from the taxpayer exercise of the income tax checkoff option on
tax forms processed during the preceding calendar quarter;
(4) Credit an amount equal to six-tenths
of one per cent of
those taxes collected under this chapter to the local
government
revenue assistance fund for distribution in accordance with
section 5747.61 of the Revised Code.
(B)(1) Following the crediting of moneys pursuant to
division
(A) of this section, the remainder deposited in the
general
revenue fund shall be distributed pursuant to division
(F) of
section 321.24 and section 323.156 of the Revised Code; to
make
subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; to support
expenditures for programs and services for the mentally ill,
mentally retarded, developmentally disabled, and elderly; for
primary and secondary education; for medical assistance; and for
any other purposes authorized by law, subject to the limitation
that at least fifty per cent of the income tax collected by the
state from the tax imposed by section 5747.02 of the Revised Code
shall be returned pursuant to Section 9 of Article XII, Ohio
Constitution.
(2) To ensure that such constitutional requirement is
satisfied the tax commissioner shall, on or before the thirtieth
day of June of each year, from the best information available to
the tax commissioner, determine and certify for each county
to the
director of
budget and management the amount of taxes collected
under this
chapter from the tax imposed under section 5747.02 of
the Revised Code during the
preceding calendar year that are
required to
be returned to the county by Section 9 of Article XII,
Ohio
Constitution. The director shall provide for payment from the
general revenue fund to the county in the amount, if any, that
the
sum of the amount so certified for that county exceeds the
sum of
the following:
(a) The sum of the payments from the general revenue fund
for
the preceding calendar year credited to the credit of the county's
undivided income tax fund pursuant to division (F) of section
321.24 and section 323.156 of the Revised Code or made directly
from the general revenue fund to political subdivisions located in
the county;
(b) The sum of the amounts from the general revenue fund
distributed in the county during the preceding calendar year for
subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; for programs and
services for mentally ill, mentally retarded, developmentally
disabled, and elderly persons; for primary and secondary
education; and for medical assistance.
(c) The In the case of payments made by the director under
this division in 2007, the total amount distributed to the county
during the
preceding calendar year from the local government fund
and the local government revenue assistance fund, and, in the case
of payments made by the director under this division in subsequent
calendar years, the amount distributed to the county from the
local government fund;
(d) The In the case of payments made by the director under
this division, the total amount distributed to the county during
the
preceding calendar year from the library and local government
support fund;
(e) The amount distributed to the county during the
preceding
calendar year from the local government revenue
assistance fund.
Payments under this division shall be credited to the
county's undivided income tax fund, except that, notwithstanding
section 5705.14 of the Revised Code, such payments may be
transferred by the board of county commissioners to the county
general fund by resolution adopted with the affirmative vote of
two-thirds of the members thereof.
(C) All payments received in each month from taxes imposed
under Chapter 5748. of the Revised Code and any penalties or
interest thereon shall be paid into the school district income
tax
fund, which is hereby created in the state treasury, except
that
an amount equal to the following portion of such
payments
shall be
paid into the general school district income tax
administrative
fund, which is hereby created in the state
treasury:
(1) One and three-quarters of one per cent of those
received
in fiscal year 1996;
(2) One and one-half per cent of those received in fiscal
year 1997 and thereafter.
Money in the school district income tax administrative fund
shall be used by the tax commissioner to defray costs incurred in
administering the school district's income tax, including the
cost
of providing employers with information regarding the rate
of tax
imposed by any school district. Any moneys remaining in
the fund
after such use shall be deposited in the school district
income
tax fund.
All interest earned on moneys in the school district income
tax fund shall be credited to the fund.
(D)(1)(a) Within thirty days of the end of each calendar
quarter ending on the last day of March, June, September, and
December, the director of budget and management shall make a
payment from the school district income tax fund to each school
district for which school district income tax revenue was
received
during that quarter. The amount of the payment shall
equal the
balance in the school district's account at the end of
that
quarter.
(b) After a school district ceases to levy an income tax, the
director of budget and management shall adjust the payments under
division
(D)(1)(a) of this section to retain sufficient money in
the school district's account to pay refunds. For the calendar
quarters ending
on the last day of March and December of the
calendar year
following the last calendar year the tax is levied,
the director shall make the
payments in the amount required under
division (D)(1)(a)
of this section. For the calendar quarter
ending on the last day of
June of the calendar year following the
last calendar year the tax is
levied, the director shall make a
payment equal to nine-tenths of the balance
in the account at the
end of that quarter. For the calendar quarter ending on
the last
day of September of the calendar year following the last
calendar
year the tax is levied, the director shall make no payment. For
the
second and succeeding calendar years following the last
calendar year the tax
is levied, the director shall make one
payment each year, within thirty days
of
the last day of June, in
an amount equal to the balance in the
district's account on the
last day of June.
(2) Moneys paid to a school district under this division
shall be deposited in its school district income tax fund. All
interest earned on moneys in the school district income tax fund
shall be apportioned by the tax commissioner pro rata among the
school districts in the proportions and at the times the
districts
are entitled to receive payments under this division.
Sec. 5747.47. (A)(1) By the twentieth day of July of each
year, the tax commissioner shall estimate and certify the
following for each county to its county auditor:
(a) Its guaranteed share of the ensuing year's fund balance;
(b) Its share of the excess of the ensuing year's fund
balance;
(c) Its total entitlement.
(2) In December and in June following such estimations and
certifications, the commissioner shall revise such estimates and
certify such revised estimates to the respective county auditors.
(B) By the tenth day of each month the commissioner shall
distribute the amount credited to the library and local government
support fund from taxes collected under this chapter during the
preceding month in the current month under section 131.51 of the
Revised Code. The distributions shall be made as follows:
(1) During the first six months of each year, each county
shall be paid a percentage of the balance that is the same per
cent that the revised estimate of the county's total entitlement
certified in December under division (A)(2) of this section is of
the sum of such revised estimates of the total entitlements for
all counties.
(2) During the last six months, each county shall be paid a
percentage of the balance that is the same per cent that the
revised estimate of the county's total entitlement certified in
June under division (A)(2) of this section is of the sum of such
revised estimates of the total entitlements for all counties.
(3) During each of the first six months of each year, the
payments made to each county shall be adjusted as follows:
(a) If the county received an overpayment during the
preceding distribution year, reduce the sum of the payments by the
amount of such overpayment. The reduction shall be apportioned
over the six months.
(b) If the county received an underpayment during the
preceding distribution year, increase the sum of the payments by
the amount of such underpayment. The increase shall be apportioned
over the six months.
(C) By the twentieth day of December of each year, the tax
commissioner shall determine and certify to the auditor of each
county each of the following with respect to the current
distribution year:
(1) The year's fund balance;
(2) Each county's guaranteed share;
(3) Each county's share of the excess;
(4) Each county's total entitlement;
(5) Each county's net distribution;
(6) The amount by which each county's net distribution
exceeded or was less than its total entitlement, which amount
shall constitute the county's overpayment or underpayment for
purposes of division (B)(3) of this section in the ensuing
distribution year.
Sec. 5747.50. (A) As used in this section:
(1) "County's proportionate share of the calendar year 2007
LGF and LGRAF distributions" means the percentage
computed for the
county under division (B)(1)(a) of section 5747.501 of
the Revised
Code for use in the current calendar year.
(2) "1983 share" means the sum of all payments made to a
county under section 5747.50 of the Revised Code during 1983
under
all versions of such section that were in effect during
such year
plus the payments made to the county's undivided local
government
fund in 1983 from the tax imposed on deposits under
division (C)
of section 5707.03 of the Revised Code.
(3) "Amount available for distribution under division (B)
of
this section" means for any calendar year, both of the
following:
(a) Nine-tenths of the difference between the amount
available for distribution under this section during that year
and
the deposit tax revenue of all counties;
(b) The deposit tax revenue of all counties less six
million
dollars.
Each year, an amount equal to the amount available for
distribution under division (B) of this section shall be
distributed from the local government fund as provided in that
division. The balance in the fund available for distribution in
that year under this section and not available for distribution
under this division shall be distributed in accordance with
division (C) of this section. The tax commissioner shall
determine
in each month what proportion of that month's local
government
fund balance shall be distributed under division (B)
of this
section and what proportion shall be distributed under
division
(C) of this section "County's proportionate share of the total
amount of the local government fund additional revenue formula"
means each county's proportionate share of the state's population
as determined for and certified to the county for distributions to
be made during the current calendar year under division (B)(2)(a)
of section 5747.501 of the Revised Code. If prior to the first day
of January of the current calendar year the federal government has
issued a revision to the population figures reflected in the
estimate produced pursuant to division (B)(2)(a) of section
5747.501 of the Revised Code, such revised population figures
shall be used for making the distributions during the current
calendar year.
(3) "2007 LGF and LGRAF county distribution base available in
that month" means the lesser of the amounts described in division
(A)(3)(a) and (b) of this section, provided that the amount shall
not be less than zero:
(a) The total amount available for distribution to counties
from the local government fund during the current month.
(b) The total amount distributed to counties from the local
government fund and the local government revenue assistance fund
to counties in calendar year 2007 less the total amount
distributed to counties under division (B)(1) of this section
during previous months of the current calendar year.
(4) "Local government fund additional revenue distribution
base available during that month" means the total amount available
for distribution to counties during the month from the local
government fund, less any amounts to be distributed in that month
from the local government fund under division (B)(1) of this
section, provided that the local government fund additional
revenue distribution base available during that month shall not be
less than zero.
(5) "Total amount available for distribution to counties"
means the total amount available for distribution from the local
government fund during the current month less the total amount
available for distribution to municipal corporations during the
current month under division (C) of this section.
(B) On or before the tenth day of each month, the tax
commissioner shall provide for payment to the county treasurer of
each county of an amount equal to the sum of:
(1) The county's proportionate share of the calendar year
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and
LGRAF county distribution base available in that month, provided
that if the 2007 LGF and LGRAF county distribution base available
in that month is zero, no payment shall be made under division
(B)(1) of this section for the month or the remainder of the
calendar year; and
(2) The county's proportionate
share of the total amount of
the local government fund additional revenue formula multiplied by
the local government fund additional revenue distribution base
available
for distribution during that month under this division,
except as
otherwise provided and in such a way that on the last
day of each
calendar year, each county shall have received an
amount equal to
its proportionate share of the amount available
for distribution
under this division during that year. Counties
whose
proportionate shares are less than their 1983 shares shall
receive an amount equal to their 1983 shares during the year in
lieu of their proportionate shares, and the amounts required to
be
paid to all other counties shall be proportionately reduced to
fund such deficiency. If any county receives payments in any
year
that exceed the amount to which it is entitled, that excess
shall
be deducted from the payments due the county in the ensuing
calendar year and apportioned among and paid to the counties that
did not receive any such excess.
The amount paid to any county in any month shall not be
less
than twenty-five thousand dollars unless a smaller payment
is
required in order to avoid paying that county more during the
year
than the amount to which it is entitled for that year.
Money received into the treasury of a county under this
division shall be credited to the undivided local government fund
in the treasury of the county on or before the fifteenth day of
each month. The On or before the twentieth day of each month, the
county auditor shall issue warrants against all
of the undivided
local government fund in the county treasury in
the respective
amounts allowed as provided in section 5747.51 of
the Revised
Code, and the treasurer shall distribute and pay such
sums to the
subdivision therein.
(C)(1) As used in division (C) of this section:
(a) "Total amount available for distribution to
municipalities during the current month" means the product
obtained by multiplying the total amount available for
distribution from the local government fund during the current
month by the aggregate municipal share.
(b) "Aggregate municipal share" means the quotient obtained
by dividing the total amount distributed directly from the local
government fund to municipal corporations during calendar year
2007 by the total distributions from the local government fund and
local government revenue assistance fund during calendar year
2007.
(2) On or before the tenth day of each month, the tax
commissioner shall provide for payment from the local government
fund to each municipal
corporation which had in effect during the
preceding calendar
year a tax imposed under Chapter 718. of the
Revised Code. The
amount paid to each municipal corporation shall
bear the same an amount equal to the product derived by
multiplying the municipal corporation's
percentage to of the total
amount to be distributed to all such
municipal corporations under
this division as the total income
taxes collected by such
municipal corporation during the second calendar
year preceding
the year in which distribution is made bears to
the total amount
of such taxes collected by all municipal
corporations during such
period 2007 by the total amount available for distribution to
municipal corporations during the current month. Payments
(3) Payments received by a
municipal corporation under this
division shall be paid into its
general fund and may be used for
any lawful purpose.
(4) The amount distributed to municipal corporations under
this division during any calendar year shall not exceed the amount
distributed directly from the local government fund to municipal
corporations during calendar year 2007. If that maximum amount is
reached during any month, distributions to municipal corporations
in that month shall be as provided in divisions (C)(1) and (2) of
this section, but no further distributions shall be made to
municipal corporations under division (C) of this section during
the remainder of the calendar year.
(5) Upon being informed of a municipal corporation's
dissolution, the tax commissioner shall cease providing for
payments to that municipal corporation under division (C) of this
section. The proportionate shares of the total amount available
for distribution to each of the remaining municipal corporations
under this division shall be increased on a pro rata basis.
(D) Each municipal corporation which has in effect a tax
imposed under Chapter 718. of the Revised Code shall, no later
than the thirty-first day of August of each year, certify to the
tax commissioner the total amount of income taxes collected by
such municipal corporation pursuant to such chapter during the
preceding calendar year. The tax commissioner shall may withhold
payment of local government fund moneys pursuant to division (C)
of this section from any municipal corporation for failure to
comply with this reporting requirement.
Sec. 5747.501. (A) By On or before the fifteenth
twenty-fifth day of December July of
each year, the tax
commissioner shall estimate and certify to each county auditor the
amount to be paid into distributed from the local government fund
for distribution
to each undivided local government fund during
the following calendar year under section 5747.50 of the
Revised
Code. The commissioner estimate shall then determine equal the sum
of the separate
amounts that would be paid to each county if the
amount so
certified were distributed computed under divisions
(A)(B)(1) and (2) of this
section as follows:
(1)(a) As used in this division and in section 5747.50 of
the
Revised Code, "deposit tax revenue" means one hundred
forty-five
and forty-five one-hundredths per cent of the payments
made to the
county's undivided local government fund in 1983 from
the tax
imposed on deposits under division (C) of section 5707.03
of the
Revised Code.
(b) Compute each county's deposit tax revenue.
(c) Determine how much each county would receive if
nine-tenths of the difference between the amount certified under
division (A) of this section and the sum of all counties' deposit
tax revenues, less six million dollars, were allocated among the
counties in the following year as follows:
(i) Seventy-five per cent of said amount shall be
apportioned
in the ratio that the total of the real, public
utility, and
tangible personal property tax duplicates of the
municipal
corporations, or parts thereof, in the county for the
year next
preceding the year in which the computation is made
bears to the
total aggregate real, public utility, and tangible
personal
property tax duplicates of all the municipal
corporations in the
state for the same year.
(ii) Twenty-five per cent shall be apportioned among all
the
counties in the ratio that the population of the county at
the
last federal decennial census bears to the total population
of the
state.
(iii) Adjust the sum of the allocations under divisions
(A)(1)(c)(i) and (ii) for each county so that the sum allocated
to
each county under those divisions is at least two hundred
twenty-five thousand dollars. If such an adjustment is made, the
sum of the apportionments to the counties for which no adjustment
is necessary shall be proportionately reduced so that the sum of
the allocations to all counties equals the amount to be allocated
under divisions (A)(1)(c)(i) to (iii) of this section.
(d) Add the amount allocated to each county under division
(A)(1)(c) to its deposit tax revenue.
(2) Determine how much each county would receive if
nine-tenths of the amount certified by the commissioner, less six
million dollars, were allocated in the manner prescribed by
division (A)(1)(c) of this section.
(B) Upon the completion of the computations required by
division (A) of this section, the commissioner shall assign to
each county, the amount computed for it under division (A)(1)(d)
of this section or the amount computed under division (A)(2) of
this section, whichever is the higher amount, and compute the per
cent that the assigned amount for each county is of the sum of
the
assigned amounts for all counties. The percentage so
computed
shall be the proportionate share of the county for the
following
calendar year for purposes of making the distributions
required by
section 5747.50 of the Revised Code (1) The product obtained by
multiplying the percentage described in division (B)(1)(a) of this
section by the amount described in division (B)(1)(b) of this
section.
(a) Each county's proportionate share of the total amount
distributed to the counties from the local government fund and the
local government revenue assistance fund during calendar year
2007.
(b) The total amount distributed to counties from the local
government fund and the local government revenue assistance fund
during calendar year 2007 adjusted downward if, and to the extent
that, total local government fund distributions to counties for
the following year are projected to be less than what was
distributed to counties from the local government fund and local
government revenue assistance fund during calendar year 2007.
(2) The product obtained by multiplying the percentage
described in division (B)(2)(a) of this section by the amount
described in division (B)(2)(b) of this section.
(a) Each county's proportionate share of the state's
population as reflected in the most recent federal decennial
census or the federal government's most recent census estimates,
whichever represents the most recent year.
(b) The amount by which total estimated distributions from
the local government fund during the immediately succeeding
calendar year, less the total estimated amount to be distributed
from the fund to municipal corporations under division (C) of
section 5747.50 of the Revised Code during the immediately
succeeding calendar year, exceed the total amount distributed to
counties from the local government fund and local government
revenue assistance fund during calendar year 2007.
Sec. 5747.51. (A) Within ten days after On or before the
fifteenth twenty-fifth day
of July of each year, the tax
commissioner shall make and certify
to the county auditor of each
county an estimate of the amount of
the local government fund to
be allocated to the undivided local
government fund of each county
for the ensuing calendar year and
the estimated amount to be
received by the undivided local
government fund of each county
from the taxes levied pursuant to
section 5707.03 of the Revised
Code for the ensuing calendar
year.
(B) At each annual regular session of the county budget
commission convened pursuant to section 5705.27 of the Revised
Code, each auditor shall present to the commission the
certificate
of the commissioner, the annual tax budget and
estimates, and the
records showing the action of the commission
in its last preceding
regular session. The estimates shown on
the certificate of the
commissioner of the amount to be allocated
from the local
government fund and the amount to be received from
taxes levied
pursuant to section 5707.03 of the Revised Code
shall be combined
into one total comprising the estimate of the
undivided local
government fund of the county. The commission,
after extending to
the representatives of each subdivision an
opportunity to be
heard, under oath administered by any member of
the commission,
and considering all the facts and information
presented to it by
the auditor, shall determine the amount of the
undivided local
government fund needed by and to be apportioned
to each
subdivision for current operating expenses, as shown in
the tax
budget of the subdivision. This determination shall be
made
pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53
of the Revised Code.
Nothing in this section prevents the budget
commission, for
the purpose of apportioning the undivided local
government fund,
from inquiring into the claimed needs of any
subdivision as stated
in its tax budget, or from adjusting
claimed needs to reflect
actual needs. For the purposes of this
section,
"current
operating
expenses" means the lawful
expenditures of a
subdivision, except
those for permanent
improvements and except
payments for interest,
sinking fund, and
retirement of bonds,
notes, and certificates of
indebtedness of
the subdivision.
(C) The commission shall determine the combined total of
the
estimated expenditures, including transfers, from the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities operated by a subdivision, as shown in
the
subdivision's tax budget for the ensuing calendar year.
(D) From the combined total of expenditures calculated
pursuant to division (C) of this section, the commission shall
deduct the following expenditures, if included in these funds in
the tax budget:
(1) Expenditures for permanent improvements as defined in
division (E) of section 5705.01 of the Revised Code;
(2) In the case of counties and townships, transfers to
the
road and bridge fund, and in the case of municipalities,
transfers
to the street construction, maintenance, and repair
fund and the
state highway improvement fund;
(3) Expenditures for the payment of debt charges;
(4) Expenditures for the payment of judgments.
(E) In addition to the deductions made pursuant to
division
(D) of this section, revenues accruing to the general
fund and any
special fund considered under division (C) of this
section from
the following sources shall be deducted from the
combined total of
expenditures calculated pursuant to division
(C) of this section:
(1) Taxes levied within the ten-mill limitation, as
defined
in section 5705.02 of the Revised Code;
(2) The budget commission allocation of estimated county
library and local government support fund revenues to be
distributed pursuant to section 5747.48 of the Revised Code;
(3) Estimated unencumbered balances as shown on the tax
budget as of the thirty-first day of December of the current year
in the general fund, but not any estimated balance in any special
fund considered in division (C) of this section;
(4) Revenue, including transfers, shown in the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities, from all other sources except those
that a
subdivision receives from an additional tax or service
charge
voted by its electorate or receives from special
assessment or
revenue bond collection. For the purposes of this
division, where
the charter of a municipal corporation prohibits
the levy of an
income tax, an income tax levied by the
legislative authority of
such municipal corporation pursuant to
an amendment of the charter
of that municipal corporation to
authorize such a levy represents
an additional tax voted by the
electorate of that municipal
corporation. For the purposes of
this division, any measure
adopted by a board of county
commissioners pursuant to section
322.02, 324.02, 4504.02, or
5739.021 of the Revised Code,
including those measures upheld by
the electorate in a referendum
conducted pursuant to section
322.021, 324.021, 4504.021, or
5739.022 of the Revised Code,
shall not be considered an
additional tax voted by the
electorate.
Subject to division (G) of section 5705.29 of the
Revised
Code, money in a reserve balance account
established by a county,
township, or municipal corporation
under section 5705.13 of the
Revised Code shall not
be considered an unencumbered balance or
revenue under division
(E)(3) or (4) of this section. Money in a
reserve balance account established by a township under section
5705.132 of the Revised Code shall not be considered an
unencumbered balance or revenue under division (E)(3) or (4) of
this section.
If a county, township, or municipal corporation has created
and
maintains a nonexpendable trust fund under
section 5705.131 of
the Revised Code,
the principal of the fund, and any additions to
the principal
arising from sources other than the reinvestment of
investment
earnings arising from such a fund, shall not be
considered an
unencumbered balance or revenue under division
(E)(3) or (4) of this section. Only investment earnings arising
from
investment of the
principal or investment of such additions
to principal may be
considered an unencumbered balance or revenue
under those divisions.
(F) The total expenditures calculated pursuant to division
(C) of this section, less the deductions authorized in divisions
(D) and (E) of this section, shall be known as the
"relative
need"
of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of
all participating subdivisions in the county, and shall compute a
relative need factor by dividing the total estimate of the
undivided local government fund by the total relative need of all
participating subdivisions.
(H) The relative need of each subdivision shall be
multiplied
by the relative need factor to determine the
proportionate share
of the subdivision in the undivided local
government fund of the
county; provided, that the maximum
proportionate share of a county
shall not exceed the following
maximum percentages of the total
estimate of the undivided local
government fund governed by the
relationship of the percentage of
the population of the county
that resides within municipal
corporations within the county to
the total population of the
county as reported in the reports on
population in Ohio by the
department of development as of the
twentieth day of July of the
year in which the tax budget is filed
with the budget commission:
Percentage of |
Percentage share |
municipal population |
of the county |
within the county: |
shall not exceed: |
Less than forty-one per cent |
Sixty per cent |
Forty-one per cent or more but less |
|
than eighty-one per cent |
Fifty per cent |
Eighty-one per cent or more |
Thirty per cent |
Where the proportionate share of the county exceeds the
limitations established in this division, the budget commission
shall adjust the proportionate shares determined pursuant to this
division so that the proportionate share of the county does not
exceed these limitations, and it shall increase the proportionate
shares of all other subdivisions on a pro rata basis. In
counties
having a population of less than one hundred thousand,
not less
than ten per cent shall be distributed to the townships
therein.
(I) The proportionate share of each subdivision in the
undivided local government fund determined pursuant to division
(H) of this section for any calendar year shall not be less than
the product of the average of the percentages of the undivided
local government fund of the county as apportioned to that
subdivision for the calendar years 1968, 1969, and 1970,
multiplied by the total amount of the undivided local government
fund of the county apportioned pursuant to former section 5735.23
of the Revised Code for the calendar year 1970. For the purposes
of this division, the total apportioned amount for the calendar
year 1970 shall be the amount actually allocated to the county in
1970 from the state collected intangible tax as levied by section
5707.03 of the Revised Code and distributed pursuant to section
5725.24 of the Revised Code, plus the amount received by the
county in the calendar year 1970 pursuant to division (B)(1) of
former section 5739.21 of the Revised Code, and distributed
pursuant to former section 5739.22 of the Revised Code. If the
total amount of the undivided local government fund for any
calendar year is less than the amount of the undivided local
government fund apportioned pursuant to former section 5739.23 of
the Revised Code for the calendar year 1970, the minimum amount
guaranteed to each subdivision for that calendar year pursuant to
this division shall be reduced on a basis proportionate to the
amount by which the amount of the undivided local government fund
for that calendar year is less than the amount of the undivided
local government fund apportioned for the calendar year 1970.
(J) On the basis of such apportionment, the county auditor
shall compute the percentage share of each such subdivision in
the
undivided local government fund and shall at the same time
certify
to the tax commissioner the percentage share of the
county as a
subdivision. No payment shall be made from the
undivided local
government fund, except in accordance with such
percentage shares.
Within ten days after the budget commission has made its
apportionment, whether conducted pursuant to section 5747.51 or
5747.53 of the Revised Code, the auditor shall publish a list of
the subdivisions and the amount each is to receive from the
undivided local government fund and the percentage share of each
subdivision, in a newspaper or newspapers of countywide
circulation, and send a copy of such allocation to the tax
commissioner.
The county auditor shall also send by certified mail,
return
receipt requested, a copy of such allocation to the fiscal
officer
of each subdivision entitled to participate in the
allocation of
the undivided local government fund of the county.
This copy shall
constitute the official notice of the commission
action referred
to in section 5705.37 of the Revised Code.
All money received into the treasury of a subdivision from
the undivided local government fund in a county treasury shall be
paid into the general fund and used for the current operating
expenses of the subdivision.
If a municipal corporation maintains a municipal
university,
such municipal university, when the board of trustees
so requests
the legislative authority of the municipal
corporation, shall
participate in the money apportioned to such
municipal corporation
from the total local government fund,
however created and
constituted, in such amount as requested by
the board of trustees,
provided such sum does not exceed nine per
cent of the total
amount paid to the municipal corporation.
If any public official fails to maintain the records
required
by sections 5747.50 to 5747.55 of the Revised Code or
by the rules
issued by the tax commissioner, the auditor of
state, or the
treasurer of state pursuant to such sections, or
fails to comply
with any law relating to the enforcement of such
sections, the
local government fund money allocated to the county
shall may be
withheld until such time as the public official has
complied with
such sections or such law or the rules issued
pursuant thereto.
Sec. 5747.54. The tax commissioner shall not distribute may
withhold distributions of
local government fund money to any
county where the county
auditor has failed to certify to the tax
commissioner the
percentage share of the undivided local
government fund of the
county as a subdivision for the year for
which distribution is to
be made. The director shall of budget and
management may direct the tax commissioner to withhold from such a
county the
percentage of the amount distributable thereto that
constitutes
the share of the county as a subdivision of the local
government fund so long as such county
is indebted or otherwise
obligated to the state, until such
indebtedness or other
obligation has been duly paid, but no
distribution of such
percentage share of the local government
fund shall be withheld
unless an itemized statement of such
indebtedness is furnished the
county auditor of the county from
which the indebtedness is due at
least thirty days prior to the
withholding of the distribution.
Any indebtedness or obligation of the state to a county
shall
be deducted from the amount owing to the state by such
county in
determining the indebtedness or obligation as to which
distribution is withheld.
Sec. 5747.77. (A) As used in this section:
(1) "Alternative fuel" means E85 blend fuel or blended
biodiesel.
(2) "Biodiesel" means a mono-alkyl ester combustible liquid
fuel that is derived from vegetable oils or animal fats, or any
combination of those reagents that meets the American society for
testing and materials specification for biodiesel fuel (B100)
blend stock distillate fuels.
(3) "Blended biodiesel" means a blend of biodiesel with
petroleum based diesel fuel in which the resultant product
contains not less than twenty per cent biodiesel and meets the
American society for testing and materials specification for
blended diesel fuel.
(4) "Diesel fuel" means any liquid fuel that is capable of
use in discrete form or as a blend component in the operation of
engines of the diesel type.
(5) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable resources that meet all of
the specifications in the American society for testing and
materials (ASTM) specification D 4806-88 and is denatured as
specified in Parts 20 and 21 of Title 27 of the Code of Federal
Regulations.
(6) "E85 blend fuel" means fuel containing eighty-five per
cent or more ethanol, or containing any other percentage of not
less than seventy per cent ethanol if the United States department
of energy determines, by rule, that the lower percentage is
necessary to provide for the requirements of cold start, safety,
or other vehicle functions, and that meets the American society
for testing and materials specification for E85 blend fuel.
(7) "Retail dealer" means any person that is a taxpayer under
this chapter that owns or operates a retail service station
located in this state.
(8) "Retail service station" means a location in this state
from which alternative fuel is sold to the general public and is
dispensed or pumped directly into motor vehicle fuel tanks for
consumption.
(B) For taxable years ending in 2008 and 2009, there is
hereby allowed a nonrefundable credit against the tax imposed by
section 5747.02 of the Revised Code for a retail dealer that sells
alternative fuel. The credit for a dealer's taxable year ending in
2008 shall equal fifteen cents per gallon of alternative fuel sold
and dispensed through a metered pump at the retail dealer's retail
service station during any part of calendar year 2007 or 2008
included in that taxable year. The credit for a dealer's taxable
year ending in 2009 shall equal fifteen cents per gallon of
alternative fuel sold and dispensed through a metered pump at the
retail dealer's retail service station during any part of calendar
year 2008 included in that taxable year, plus thirteen cents per
gallon of alternative fuel sold and dispensed in that manner
during any part of calendar year 2009 included in that taxable
year.
The credit shall be calculated separately for each retail
service station owned or operated by the retail dealer. The credit
allowed under this section may not be claimed for alternative fuel
sold or dispensed before January 1, 2008, or on or after January
1, 2010.
(C) The retail dealer shall claim the credit under this
section in the order prescribed in section 5747.98 of the Revised
Code. The credit shall not exceed the amount of tax otherwise due
under section 5747.02 of the Revised Code after deducting any
other credits that precede the credit claimed under this section
in that order.
(D) Nothing in this section limits or disallows pass-through
treatment of the credit if the retail dealer is a pass-through
entity. If the retail dealer is a pass-through entity, references
in other divisions of this section to "taxable year" refer to the
dealer's taxable year; an equity owner of the retail dealer that
is a pass-through entity may claim the owner's distributive or
proportionate share of the credit for the equity owner's taxable
year that includes the last day of the entity's taxable year.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the
Revised Code;
(5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the
Revised Code;
(9) The credit for displaced workers who pay for job
training
under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section
5747.29
of
the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of
section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of
section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter
into agreements
with
child day-care centers under section 5747.34 of the
Revised
Code;
(16) The credit for employers that reimburse employee
child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code;
(19)
The job retention credit under division (B) of section
5747.058 of the Revised Code;
(20) The credit for purchases of new manufacturing
machinery
and equipment
under section 5747.26 or section 5747.261
for
selling alternative fuel under section 5747.77 of the
Revised
Code;
(21) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code;
(22) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(24) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(25) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code;
(26)
The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code;
(28) The export sales credit under section 5747.057 of
the
Revised Code;
(29) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code;
(30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code;
(31) The research and development credit under section
5747.331 of the Revised Code;
(32) The refundable credit for rehabilitating a historic
building under section 5747.76 of the Revised Code;
(33) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code;
(34) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code;
(35) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code;
(36) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(37) The refundable credit under section 5747.80 of the
Revised Code for losses on loans made to the Ohio venture
capital
program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit, except the credits enumerated
in
divisions (A)(32) to (37) of
this
section
and
the
credit granted
under division
(I) of
section
5747.08 of
the
Revised Code, the
amount of the credit
for
a
taxable year
shall
not
exceed the tax
due after allowing for any
other credit
that
precedes it in the
order required under this
section. Any
excess
amount of a
particular credit may be carried
forward if
authorized
under the
section creating that credit.
Nothing in this
chapter
shall be
construed to allow a taxpayer to
claim, directly
or
indirectly, a
credit more than once for a
taxable year.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax
adopted
under one of the following:
(1) Former section 5748.03 of the Revised Code as it
existed
prior to its repeal by Amended Substitute House Bill No.
291 of
the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) Section 5748.08 of the Revised Code as enacted in Amended
Substitute Senate Bill
No. 17 of the 122nd general assembly;
(4) Section 5748.021 of the Revised Code;
(5) Section 5748.081 of the Revised Code.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, one of the following, as
specified in the resolution imposing the tax:
(a) Ohio adjusted gross income
for the taxable year as
defined in division (A) of section
5747.01 of the Revised Code,
less the exemptions provided by
section 5747.02 of the Revised
Code;
(b) Wages, salaries, tips, and other employee compensation to
the extent included in Ohio adjusted gross income as defined in
section 5747.01 of the Revised Code, and net earnings from
self-employment, as defined in section 1402(a) of the Internal
Revenue Code, to the extent included in Ohio adjusted gross
income.
(2) In the case of an estate, taxable income for the
taxable
year as defined in division (S) of section 5747.01 of the
Revised
Code.
(F) "Resident" of the school district means:
(1) An individual who is a resident of this state as
defined
in division (I) of section 5747.01 of the Revised Code
during all
or a portion of the taxable year and who, during all
or a portion
of such period of state residency, is domiciled in
the school
district or lives in and maintains a permanent place
of abode in
the school district;
(2) An estate of a decedent who, at the time of death,
was
domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the
taxable
income of an individual that is received by the
individual during
the portion of the taxable year that the
individual is a resident
of the school district and the school
district income tax is in
effect in that school district. An
individual may have school
district income with respect to more
than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes
for
which a tax may be levied pursuant to section 5705.21 of the
Revised Code, including the combined purposes authorized by
section 5705.217 of the Revised Code.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare,
by resolution, the necessity of raising annually a
specified
amount of money for school district purposes. The resolution shall
specify whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. A copy
of the resolution shall be certified to the
tax commissioner no
later than eighty-five days prior to the date
of the election at
which the board intends to propose a levy under
this section.
Upon receipt of the copy of the resolution, the tax
commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in
effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the
board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's
proposal to levy an income tax at the election for which
the board
requested the certification. If the board intends to
submit a
proposal to levy an income tax at any other election, it
shall
request another certification for that election in the
manner
prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the
members of a board of education may adopt a resolution
proposing
the levy of an annual tax for school district purposes
on school
district income. The
proposed levy may be for a continuing period
of time or for a
specified number of years. The resolution shall
set forth the
purpose for which the tax is to be imposed, the rate
of the tax,
which shall be the rate set forth in the
commissioner's
certification rounded to the nearest one-fourth of
one per cent,
the number of years the tax will be levied or that
it will be
levied for a continuing period of time, the date on
which the tax
shall take effect, which shall be the first day of
January of any
year following the year in which the question is
submitted, and
the date of the election at which the proposal
shall be submitted
to the electors of the district, which shall be
on the date of a
primary, general, or special election the date of
which is
consistent with section 3501.01 of the Revised Code. The
resolution shall specify whether the income that is to be subject
to the tax is taxable income of individuals and estates as defined
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised
Code or taxable income of individuals as defined in division
(E)(1)(b) of that section. The specification shall be the same as
the specification in the resolution adopted and certified under
division (A) of this section. If
If the tax is to be levied for current expenses and permanent
improvements, the resolution shall apportion the annual rate of
the tax. The apportionment may be the same or different for each
year the tax is levied, but the respective portions of the rate
actually levied each year for current expenses and for permanent
improvements shall be limited by the apportionment.
If
the board of education currently imposes an income tax
pursuant
to this chapter that is due to expire and
a question is
submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may
specify in the resolution that the proposed tax renews the
expiring tax and is not an additional income tax, provided that
the tax rate
being proposed is no higher than the tax rate that is
currently imposed.
(2) A board of education adopting a resolution under
division
(B)(1) of this section proposing a school district
income tax for
a continuing period of time and limited to the
purpose of current
expenses may propose in that resolution to
reduce the rate or
rates of one or more of the school district's
property taxes
levied for a continuing period of time in excess
of the ten-mill
limitation for the purpose of current expenses.
The reduction in
the rate of a property tax may be any amount,
expressed in mills
per one dollar in valuation, not exceeding the
rate at which the
tax is authorized to be levied. The reduction
in the rate of a tax
shall first take effect for the tax year
that includes the day on
which the school district income tax
first takes effect, and shall
continue for each tax year that
both the school district income
tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or
more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A)
of this section, shall designate the specific levy or levies
to be
reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall
be as provided in section 5748.03 of the Revised Code.
Publication
of notice of the election shall be made in one or
more newspapers
of general circulation in the county once a week
for two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall contain the
time
and place of the election and the question to be submitted to
the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax
on school
district income to the electors of the district
more
than twice in any calendar year. If a board submits the
question
twice in any calendar year, one of the elections on the
question
shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of
the district the question of a tax on school district income on
the taxable income of individuals as defined in division (E)(1)(b)
of section 5748.01 of the Revised Code if that tax would be in
addition to an existing tax on the taxable income of individuals
and estates as defined in divisions (E)(1)(a) and (2) of that
section.
(2) No board of education may submit to the electors of the
district the question of a tax on school district income on the
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that
tax would be in addition to an existing tax on the taxable income
of individuals as defined in division (E)(1)(b) of that section.
Sec. 5748.022. A majority of the members of a board of
education of a school district levying a tax under section 5748.02
of the Revised Code may adopt a resolution reducing the rate of
the tax by a multiple of one-fourth of one per cent.
The resolution shall set forth the current rate of the tax,
the reduced rate of tax that results from adoption of the
resolution, the purpose or purposes for which the tax is levied,
the remaining number of years the tax will be levied or that it is
levied for a continuing period of time, and the date on which the
reduced tax rate shall take effect, which shall be the ensuing
first day of January occurring at least sixty days after a copy of
the resolution is certified to the tax commissioner.
Sec. 5749.02. (A) For the purpose of providing revenue to
administer the state's coal mining and reclamation regulatory
program, to meet the environmental and resource management needs
of this state, and to reclaim land affected by mining, an excise
tax is hereby levied on the privilege of engaging in the
severance
of natural resources from the soil or water of this
state. The tax
shall be imposed upon the severer and shall be:
(1) Ten cents per ton of coal;
(2) Four cents per ton of salt;
(3) Two cents per ton of limestone or dolomite;
(4) Two cents per ton of sand and gravel;
(5) Ten cents per barrel of oil;
(6) Two and one-half cents per thousand cubic feet of
natural
gas;
(7) One cent per ton of clay, sandstone or conglomerate,
shale, gypsum, or quartzite;
(8) Except as otherwise provided in this division or in rules
adopted by the reclamation forfeiture fund advisory board under
section 1513.182 of the Revised Code, an additional fourteen cents
per ton of coal produced from an area under a coal mining and
reclamation permit issued under Chapter 1513. of the Revised Code
for which the performance security is provided under division
(C)(2) of section 1513.08 of the Revised Code. If Beginning July
1, 2007, if at the end of a fiscal biennium the balance of the
reclamation forfeiture fund created in section 1513.18 of the
Revised Code is equal to or greater than ten million dollars, the
rate levied shall be twelve cents per ton. If Beginning July 1,
2007, if at the end of a fiscal biennium the balance of the fund
is at least five million dollars, but less than ten million
dollars, the rate levied shall be fourteen cents per ton. If
Beginning July 1, 2007, if at the end of a fiscal biennium the
balance of the fund is less than five million dollars, the rate
levied shall be sixteen cents per ton. Not Beginning July 1, 2009,
not later than thirty days after the close of a fiscal biennium,
the chief of the division of mineral resources management shall
certify to the tax commissioner the amount of the balance of the
reclamation forfeiture fund as of the close of the fiscal
biennium. Any necessary adjustment of the rate levied shall take
effect on the first day of the following January and shall remain
in effect during the calendar biennium that begins on that date.
(9) An additional one and two-tenths cents per ton of coal
mined by surface mining methods.
(B) Of the moneys received by the treasurer of state from
the
tax levied in division (A)(1) of this section, four and
seventy-six-hundredths per cent shall be credited to the
geological mapping
fund created in section 1505.09 of the Revised
Code, eighty and ninety-five-hundredths per cent shall be credited
to the
coal mining administration and reclamation reserve fund
created
in section 1513.181 of the Revised Code, and fourteen and
twenty-nine-hundredths per cent shall
be credited to the
unreclaimed lands fund created in section
1513.30 of the Revised
Code.
Fifteen per cent of the moneys received by the treasurer of
state from the tax levied in division (A)(2) of this section
shall
be credited to the geological mapping fund and the
remainder shall
be credited to the unreclaimed lands fund.
Of the moneys received by the treasurer of state from the
tax
levied in divisions (A)(3) and (4) of this section, seven and
five-tenths per cent shall be credited to the geological mapping
fund, forty-two and five-tenths per cent shall be credited to the
unreclaimed lands fund, and the remainder shall be credited to
the
surface mining fund created in section
1514.06 of the Revised
Code.
Of the moneys received by the treasurer of state from the
tax
levied in divisions (A)(5) and (6) of this section,
ninety per
cent shall be credited to the oil and gas well
fund created in
section 1509.02 of
the Revised Code and ten per cent shall be
credited to the
geological mapping fund. All of the
moneys
received by the treasurer of state from the tax levied in
division
(A)(7) of this section shall be credited to the surface
mining
fund.
All of the moneys received by the treasurer of state from the
tax levied in division (A)(8) of this section shall be credited to
the reclamation forfeiture fund.
All of the moneys received by the treasurer of state from the
tax levied in division (A)(9) of this section shall be credited to
the unreclaimed lands fund.
(C) When, at the close of any fiscal year, the chief finds
that
the balance of the reclamation
forfeiture fund, plus
estimated transfers
to it from the coal mining administration and
reclamation reserve fund under
section 1513.181 of the Revised
Code, plus the estimated revenues
from the tax levied by division
(A)(8) of this section for the remainder of the
calendar year that
includes the close of the fiscal year, are
sufficient to complete
the reclamation of lands for which the performance security has
been provided under division (C)(2) of section 1513.08 of the
Revised Code, the
purposes for which the tax under division (A)(8)
of this section is levied shall be
deemed accomplished at the end
of that calendar year. The chief,
within thirty days after the
close of the fiscal year,
shall certify those findings to the tax
commissioner, and
the tax levied under division (A)(8) of this
section shall
cease to be imposed after the last day of that
calendar year on coal produced under a coal mining and reclamation
permit issued under Chapter 1513. of the Revised Code if the
permittee has made tax payments under division (A)(8) of this
section during each of the preceding five full calendar years. Not
later than thirty days after the close of a fiscal year, the chief
shall certify to the tax commissioner the identity of any
permittees who accordingly no longer are required to pay the tax
levied under division (A)(8) of this section.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of
the Revised Code:
(1) "School district," "joint vocational school district,"
"local taxing unit," "state education aid," "recognized
valuation," "fixed-rate levy," and "fixed-sum levy" have the same
meanings as used in section 5727.84 of the Revised Code.
(2) "State education aid" for a school district means the sum
of state aid amounts computed for the district under division (A)
of section 3317.022 of the Revised Code, including the amounts
calculated under sections 3317.029 and 3317.0217 of the Revised
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (L) and (N) of section 3317.024; section 3317.0216; and
any unit payments for gifted student services paid under sections
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,
for fiscal years 2008 and 2009, the amount computed for the
district under Section 269.20.80 of H.B. 119 of the 127th general
assembly and as that section subsequently may be amended shall be
substituted for the amount computed under division (D) of section
3317.022 of the Revised Code, and the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(3) "State education aid" for a joint vocational school
district means the sum of the state aid computed for the district
under division (N) of section 3317.024 and section 3317.16 of the
Revised Code, except that, for fiscal years 2008 and 2009, the
amount computed under Section 269.30.80 of H.B. 119 of the 127th
general assembly and as that section subsequently may be amended
shall be included.
(4) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5751.21 of the Revised Code.
(3)(5) "Machinery and equipment property tax value loss"
means the amount determined under division (C)(1) of this section.
(4)(6) "Inventory property tax value loss" means the amount
determined under division (C)(2) of this section.
(5)(7) "Furniture and fixtures property tax value loss" means
the amount determined under division (C)(3) of this section.
(6)(8)
"Machinery and equipment fixed-rate levy loss" means
the amount determined under division (D)(1) of this section.
(7)(9) "Inventory fixed-rate levy loss" means the amount
determined under division (D)(2) of this section.
(8)(10) "Furniture and fixtures fixed-rate levy loss" means
the amount determined under division (D)(3) of this section.
(9)(11) "Total fixed-rate levy loss" means the sum of the
machinery and equipment fixed-rate levy loss, the inventory
fixed-rate levy loss, the furniture and fixtures fixed-rate levy
loss, and the telephone company fixed-rate levy loss.
(10)(12)
"Fixed-sum levy loss" means the amount determined
under division (E) of this section.
(11)(13) "Machinery and equipment" means personal property
subject to the assessment rate specified in division (F) of
section 5711.22 of the Revised Code.
(12)(14) "Inventory" means personal property subject to the
assessment rate specified in division (E) of section 5711.22 of
the Revised Code.
(13)(15) "Furniture and fixtures" means personal property
subject to the assessment rate specified in division (G) of
section 5711.22 of the Revised Code.
(14)(16) "Qualifying levies" are levies in effect for tax
year 2004 or applicable to tax year 2005 or approved at an
election conducted before September 1, 2005. For the purpose of
determining the rate of a qualifying levy authorized by section
5705.212 or 5705.213 of the Revised Code, the rate shall be the
rate that would be in effect for tax year 2010.
(15)(17) "Telephone property" means tangible personal
property of a telephone, telegraph, or interexchange
telecommunications company subject to an assessment rate specified
in section 5727.111 of the Revised Code in tax year 2004.
(16)(18) "Telephone property tax value loss" means the amount
determined under division (C)(4) of this section.
(17)(19) "Telephone property fixed-rate levy loss" means the
amount determined under division (D)(4) of this section.
(B) The commercial activities tax receipts fund is hereby
created in the state treasury and shall consist of money arising
from the tax imposed under this chapter. All money in that fund
shall be credited for each fiscal year in the following
percentages to the general revenue fund, to the school district
tangible property tax replacement fund, which is hereby created in
the state treasury for the purpose of making the payments
described in section 5751.21 of the Revised Code, and to the local
government tangible property tax replacement fund, which is hereby
created in the state treasury for the purpose of making the
payments described in section 5751.22 of the Revised Code, in the
following percentages:
Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
2006 |
67.7% |
22.6% |
9.7% |
2007 |
0% |
70.0% |
30.0% |
2008 |
0% |
70.0% |
30.0% |
2009 |
0% |
70.0% |
30.0% |
2010 |
0% |
70.0% |
30.0% |
2011 |
0% |
70.0% |
30.0% |
2012 |
5.3% |
70.0% |
24.7% |
2013 |
19.4 10.6% |
70.0% |
10.6 19.4% |
2014 |
14.1% |
70.0% |
15.9% |
2015 |
17.6% |
70.0% |
12.4% |
2016 |
21.1% |
70.0% |
8.9% |
2017 |
24.6% |
70.0% |
5.4% |
2018 |
28.1% |
70.0% |
1.9% |
2019 and thereafter |
100% 30% |
0% 70% |
0% |
(C) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its machinery and equipment,
inventory property, furniture and fixtures property, and telephone
property tax value losses, which are the applicable amounts
described in divisions (C)(1), (2), (3), and (4) of this section,
except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the
taxable value of machinery and equipment property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per
cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of
inventory property as reported by taxpayers for tax year 2004
multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is
five and three-fourths and the denominator of which is
twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is
nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is
thirteen and one-fourth and the denominator of which is
twenty-three;
(d) For tax year 2009 and thereafter a fraction, the
numerator of which is seventeen and the denominator of which is
twenty-three.
(3) Furniture and fixtures property tax value loss is the
taxable value of furniture and fixture property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in
divisions (C)(1), (2), and (3) of this section shall be such
values as determined to be final by the tax commissioner as of
August 31, 2005. Such determinations shall be final except for any
correction of a clerical error that was made prior to August 31,
2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of
telephone property as taxpayers would have reported that property
for tax year 2004 if the assessment rate for all telephone
property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school
district, joint vocational school district, or local taxing unit
in a county in which is located a facility currently or formerly
devoted to the enrichment or commercialization of uranium or
uranium products, and for which the total taxable value of
property listed on the general tax list of personal property for
any tax year from tax year 2001 to tax year 2004 was fifty per
cent or less of the taxable value of such property listed on the
general tax list of personal property for the next preceding tax
year.
In computing the fixed-rate levy losses under divisions
(D)(1), (2), and (3) of this section for any school district,
joint vocational school district, or local taxing unit to which
division (C)(5) of this section applies, the taxable value of such
property as listed on the general tax list of personal property
for tax year 2000 shall be substituted for the taxable value of
such property as reported by taxpayers for tax year 2004, in the
taxing district containing the uranium facility, if the taxable
value listed for tax year 2000 is greater than the taxable value
reported by taxpayers for tax year 2004. For the purpose of making
the computations under divisions (D)(1), (2), and (3) of this
section, the tax year 2000 valuation is to be allocated to
machinery and equipment, inventory, and furniture and fixtures
property in the same proportions as the tax year 2004 values. For
the purpose of the calculations in division (A) of section 5751.21
of the Revised Code, the tax year 2004 taxable values shall be
used.
To facilitate the calculations required under division (C) of
this section, the county auditor, upon request from the tax
commissioner, shall provide by August 1, 2005, the values of
machinery and equipment, inventory, and furniture and fixtures for
all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner
shall determine for each tax year from 2006 through 2009 for each
school district, joint vocational school district, and local
taxing unit its machinery and equipment, inventory, and furniture
and fixtures fixed-rate levy losses, and for each tax year from
2006 through 2011 its telephone property fixed-rate levy loss,
which are the applicable amounts described in divisions (D)(1),
(2), (3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the
machinery and equipment property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property
tax value loss multiplied by the sum of the tax rates of
fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the
furniture and fixture property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the
telephone property tax value loss multiplied by the sum of the tax
rates of fixed-rate qualifying levies.
(E)
Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss. The
fixed-sum levy loss is the amount obtained by subtracting the
amount described in division (E)(2) of this section from the
amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value
loss, the inventory property tax value loss, and the furniture and
fixtures property tax value loss, and, for 2008 through 2017 the
telephone property tax value loss of the district or unit
multiplied by the sum of the fixed-sum tax rates of qualifying
levies. For 2006 through 2010, this computation shall include all
qualifying levies remaining in effect for the current tax year and
any school district emergency levies that are qualifying levies
not remaining in effect for the current year. For 2011 through
2017 in the case of school district emergency levies and for all
years after 2010 in the case of other fixed-sum levies, this
computation shall include only qualifying levies remaining in
effect for the current year. For purposes of this computation, a
qualifying school district emergency levy remains in effect in a
year after 2010 only if, for that year, the board of education
levies a school district emergency levy for an annual sum at least
equal to the annual sum levied by the board in tax year 2004 less
the amount of the payment certified under this division for 2006.
(2) The total taxable value in tax year 2004 less the sum of
the machinery and equipment, inventory, furniture and fixtures,
and telephone property tax value losses in each school district,
joint vocational school district, and local taxing unit multiplied
by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this
section, the tax value losses are those that would be calculated
for tax year 2009 under divisions (C)(1), (2), and (3) of this
section and for tax year 2011 under division (C)(4) of this
section.
(4) To facilitate the calculation under divisions (D) and (E)
of this section, not later than September 1, 2005, any school
district, joint vocational school district, or local taxing unit
that has a qualifying levy that was approved at an election
conducted during 2005 before September 1, 2005, shall certify to
the tax commissioner a copy of the county auditor's certificate of
estimated property tax millage for such levy as required under
division (B) of section 5705.03 of the Revised Code, which is the
rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section
for any school district, joint vocational school district, or
local taxing unit is greater than zero, that amount shall equal
the reimbursement to be paid pursuant to division (D) of section
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,
and the one-half of one mill that is subtracted under division
(E)(2) of this section shall be apportioned among all contributing
fixed-sum levies in the proportion that each levy bears to the sum
of all fixed-sum levies within each school district, joint
vocational school district, or local taxing unit.
(F) Not later than October 1, 2005, the tax commissioner
shall certify to the department of education for every school
district and joint vocational school district the machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses determined under division (C) of this
section, the machinery and equipment, inventory, furniture and
fixtures, and telephone fixed-rate levy losses determined under
division (D) of this section, and the fixed-sum levy losses
calculated under division (E) of this section. The calculations
under divisions (D) and (E) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(G) Not later than October 1, 2005, the tax commissioner
shall certify the amount of the fixed-sum levy losses to the
county auditor of each county in which a school district, joint
vocational school district, or local taxing unit with a fixed-sum
levy loss reimbursement has territory.
Sec. 5751.21. (A) Not later than the thirty-first fifteenth
day of July of 2007 through 2017, the department of education
shall consult with the director of budget and management and
determine the following for each school district and each joint
vocational school district eligible for payment under division (B)
of this section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division (A)(1)(b)
of this section from the amount described in division (A)(1)(a) of
this section:
(a) The state education aid computed for the school district
or joint vocational school district for the current fiscal year as
of the thirty-first fifteenth day of July;
(b) The state education aid that would be computed for the
school district or joint vocational school district for the
current fiscal year as of the thirty-first fifteenth day of July
if the recognized valuation included the machinery and equipment,
inventory, furniture and fixtures, and telephone property tax
value losses for the school district or joint vocational school
district for the second preceding tax year.
(2) The greater of zero or the difference obtained by
subtracting the state education aid offset determined under
division (A)(1) of this section from the sum of the machinery and
equipment fixed-rate levy loss, the inventory fixed-rate levy
loss, furniture and fixtures fixed-rate levy loss, and telephone
property fixed-rate levy loss certified under division (F) of
section 5751.20 of the Revised Code for all taxing districts in
each school district and joint vocational school district for the
second preceding tax year.
By the fifth twentieth day of August July of each such year,
the department of education and the director of budget and
management shall certify agree upon the amount so to be determined
under division (A)(1) of this section to the director of budget
and management.
(B) The department of education shall pay from the school
district tangible property tax replacement fund to each school
district and joint vocational school district all of the following
for fixed-rate levy losses certified under division (F) of section
5751.20 of the Revised Code:
(1) On or before May 31, 2006, one-seventh of the total
fixed-rate levy loss for tax year 2006;
(2) On or before August 31, 2006, and October 31, 2006,
one-half of six-sevenths of the total fixed-rate levy loss for tax
year 2006;
(3) On or before May 31, 2007, one-seventh of the total
fixed-rate levy loss for tax year 2007;
(4) On or before August 31, 2007, and October 31, 2007,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2008, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss for tax year 2007 and the total
fixed-rate levy loss for tax year 2006.
(5) On or before May 31, 2008, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2008, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2008 and the total fixed-rate levy loss for tax year 2006.
(6) On or before August 31, 2008, and October 31, 2008,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2009, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2008 and the total
fixed-rate levy loss in tax year 2007.
(7) On or before May 31, 2009, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2009, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2009 and the total fixed-rate levy loss for tax year 2007.
(8) On or before August 31, 2009, and October 31, 2009,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2010, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2009 and the total
fixed-rate levy loss in tax year 2008.
(9) On or before May 31, 2010, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2010, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss in tax year 2010
and the total fixed-rate levy loss in tax year 2008.
(10) On or before August 31, 2010, and October 31, 2010,
one-third forty-three per cent of the amount determined under
division (A)(2) of this section for fiscal year 2011, but not less
than zero, plus one-half of six-sevenths of the difference between
the telephone property fixed-rate levy loss for tax year 2010 and
the telephone property fixed-rate levy loss for tax year 2009.
(11) On or before May 31, 2011, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2011, but not less than zero, plus one-seventh of the
difference between the telephone property fixed-rate levy loss for
tax year 2011 and the telephone property fixed-rate levy loss for
tax year 2009.
(12) On or before August 31, 2011, and October 31, 2011, and
May 31, 2012, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is
fourteen and the denominator of which is seventeen, but not less
than zero, multiplied by one-third forty-three per cent, plus
one-half of six-sevenths of the difference between the telephone
property fixed-rate levy loss for tax year 2011 and the telephone
property fixed-rate levy loss for tax year 2010.
(13) On or before May 31, 2012, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2012, multiplied by a fraction, the numerator of which is
fourteen and the denominator of which is seventeen, plus
one-seventh of the difference between the telephone property
fixed-rate levy loss for tax year 2011 and the telephone property
fixed-rate levy loss for tax year 2010.
(14) On or before August 31, 2012, October 31, 2012, and May
31, 2013, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is eleven
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(15) On or before August 31, 2013, October 31, 2013, and May
31, 2014, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is nine
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(16) On or before August 31, 2014, October 31, 2014, and May
31, 2015, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is seven
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(17) On or before August 31, 2015, October 31, 2015, and May
31, 2016, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is five
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(18) On or before August 31, 2016, October 31, 2016, and May
31, 2017, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is three
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(19) On or before August 31, 2017, October 31, 2017, and May
31, 2018, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is one
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(20) After May 31, 2018, no payments shall be made under this
section.
The department of education shall report to each school
district and joint vocational school district the apportionment of
the payments among the school district's or joint vocational
school district's funds based on the certifications under division
(F) of section 5751.20 of the Revised Code.
Any qualifying levy that is a fixed-rate levy that is not
applicable to a tax year after 2010 does not qualify for any
reimbursement after the tax year to which it is last applicable.
(C) For taxes levied within the ten-mill limitation for debt
purposes in tax year 2005, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2018, as long as the qualifying levy
continues to be used for debt purposes. If the purpose of such a
qualifying levy is changed, that levy becomes subject to the
payments determined in division (B) of this section.
(D)(1) Not later than January 1, 2006, for each fixed-sum
levy of each school district or joint vocational school district
and for each year for which a determination is made under division
(F) of section 5751.20 of the Revised Code that a fixed-sum levy
loss is to be reimbursed, the tax commissioner shall certify to
the department of education the fixed-sum levy loss determined
under that division. The certification shall cover a time period
sufficient to include all fixed-sum levies for which the
commissioner made such a determination. The department shall pay
from the school district property tax replacement fund to the
school district or joint vocational school district one-third of
the fixed-sum levy loss so certified for each year on or before
the last day of May, August, and October of the current year.
(2) Beginning in 2006, by the first day of January of each
year, the tax commissioner shall review the certification
originally made under division (D)(1) of this section. If the
commissioner determines that a debt levy that had been scheduled
to be reimbursed in the current year has expired, a revised
certification for that and all subsequent years shall be made to
the department of education.
(E) Beginning in September 2007 and through June 2018, the
director of budget and management shall transfer from the school
district tangible property tax replacement fund to the general
revenue fund each of the following:
(1) On the first day of September, the lesser of one-fourth
of the amount certified determined for that fiscal year under
division (A)(1) of this section or the balance in the school
district tangible property tax replacement fund;
(2) On the first day of December, the lesser of one-fourth of
the amount certified determined for that fiscal year under
division (A)(1) of this section or the balance in the school
district tangible property tax replacement fund;
(3) On the first day of March, the lesser of one-fourth of
the amount certified determined for that fiscal year under
division (A)(1) of this section or the balance in the school
district tangible property tax replacement fund;
(4) On the first day of June, the lesser of one-fourth of the
amount certified determined for that fiscal year under division
(A)(1) of this section or the balance in the school district
tangible property tax replacement fund.
If, when a transfer is required under division (E)(1), (2),
(3), or (4) of this section, there is not sufficient money in the
school district tangible property tax replacement fund to make the
transfer in the required amount, the director shall transfer the
balance in the fund to the general revenue fund and may make
additional transfers on later dates as determined by the director
in a total amount that does not exceed one-fourth of the amount
determined for the fiscal year.
(F) For each of the fiscal years 2006 through 2018, if the
total amount in the school district tangible property tax
replacement fund is insufficient to make all payments under
divisions (B), (C), and (D) of this section at the times the
payments are to be made, the director of budget and management
shall transfer from the general revenue fund to the school
district tangible property tax replacement fund the difference
between the total amount to be paid and the amount in the school
district tangible property tax replacement fund. For each fiscal
year after 2018, at the time payments under division (D) of this
section are to be made, the director of budget and management
shall transfer from the general revenue fund to the school
district property tax replacement fund the amount necessary to
make such payments.
(G)(1) On the fifteenth day of June of 2006 through 2011, the
director of budget and management may transfer any balance in the
school district tangible property tax replacement fund to the
general revenue fund. At the end of fiscal years 2012 through
2018, any balance in the school district tangible property tax
replacement fund shall remain in the fund to be used in future
fiscal years for school purposes.
(2) In each fiscal year beginning with fiscal year 2019, all
amounts credited to the school district tangible personal property
tax replacement fund shall be appropriated for school purposes.
(H) If all of the territory of a school district or joint
vocational school district is merged with another district, or if
a part of the territory of a school district or joint vocational
school district is transferred to an existing or newly created
district, the department of education, in consultation with the
tax commissioner, shall adjust the payments made under this
section as follows:
(1) For a merger of two or more districts, the machinery and
equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and the fixed-sum levy losses of
the successor district shall be equal to the sum of the machinery
and equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and debt levy losses as determined
in section 5751.20 of the Revised Code, for each of the districts
involved in the merger.
(2) If property is transferred from one district to a
previously existing district, the amount of machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses and fixed-rate levy losses that shall be
transferred to the recipient district shall be an amount equal to
the total machinery and equipment, inventory, furniture and
fixtures, and telephone property fixed-rate levy losses times a
fraction, the numerator of which is the value of business tangible
personal property on the land being transferred in the most recent
year for which data are available, and the denominator of which is
the total value of business tangible personal property in the
district from which the land is being transferred in the most
recent year for which data are available. For each of the first
five years after the property is transferred, but not after fiscal
year 2012, if the tax rate in the recipient district is less than
the tax rate of the district from which the land was transferred,
one-half of the payments arising from the amount of fixed-rate
levy losses so transferred to the recipient district shall be paid
to the recipient district and one-half of the payments arising
from the fixed-rate levy losses so transferred shall be paid to
the district from which the land was transferred. Fixed-rate levy
losses so transferred shall be computed on the basis of the sum of
the rates of fixed-rate qualifying levies of the district from
which the land was transferred, notwithstanding division (D) of
this section.
(3) After December 31, 2004, if property is transferred from
one or more districts to a district that is newly created out of
the transferred property, the newly created district shall be
deemed not to have any machinery and equipment, inventory,
furniture and fixtures, or telephone property fixed-rate levy
losses and the districts from which the property was transferred
shall have no reduction in their machinery and equipment,
inventory, furniture and fixtures, and telephone property
fixed-rate levy losses.
(4) If the recipient district under division (H)(2) of this
section or the newly created district under divisions (H)(3) of
this section is assuming debt from one or more of the districts
from which the property was transferred and any of the districts
losing the property had fixed-sum levy losses, the department of
education, in consultation with the tax commissioner, shall make
an equitable division of the fixed-sum levy loss reimbursements.
Sec. 5751.23. (A) As used in this section:
(1) "Administrative fees" means the dollar percentages
allowed by the county auditor for services or by the county
treasurer as fees, or paid to the credit of the real estate
assessment fund, under divisions (A) and (B)(C) of section 319.54
and division (A) of section 321.26 of the Revised Code.
(2) "Administrative fee loss" means a county's loss of
administrative fees due to its tax value loss, determined as
follows:
(a) For purposes of the determination made under division (B)
of this section in the years 2006 through 2010, the administrative
fee loss shall be computed by multiplying the amounts determined
for all taxing districts in the county under divisions (D) and (E)
of section 5751.20 of the Revised Code by nine thousand six
hundred fifty-nine ten-thousandths of one per cent if total taxes
collected in the county in 2004 exceeded one hundred fifty million
dollars, or one and one thousand one hundred fifty-nine
ten-thousandths of one per cent if total taxes collected in the
county in 2004 were one hundred fifty million dollars or less;
(b) For purposes of the determination under division (B) of
this section in the years after 2010, the administrative fee
losses shall be determined by multiplying the administrative fee
losses calculated for 2010 by the fractions in divisions (A)(1)(b)
to (i) of section 5751.22 of the Revised Code.
(3) "Total taxes collected" means all money collected on any
tax duplicate of the county, other than the estate tax duplicates.
"Total taxes collected" does not include amounts received pursuant
to divisions (F) and (G) of section 321.24 or section 323.156 of
the Revised Code.
(B) Not later than December 31, 2005, the tax commissioner
shall certify to each county auditor the tax levy losses
calculated under divisions (D) and (E) of section 5751.20 of the
Revised Code for each school district, joint vocational school
district, and local taxing unit in the county. Not later than the
thirty-first day of January of 2006 through 2017, the county
auditor shall determine the administrative fee loss for the county
and apportion that loss ratably among the school districts, joint
vocational school districts, and local taxing units on the basis
of the tax levy losses certified under this division.
(C) On or before each of the days prescribed for the
settlements under divisions (A) and (C) of section 321.24 of the
Revised Code in the years 2006 through 2017, the county treasurer
shall deduct one-half of the amount apportioned to each school
district, joint vocational school district, and local taxing unit
from the portions of revenue payable to them.
(D) On or before each of the days prescribed for settlements
under divisions (A) and (C) of section 321.24 of the Revised Code
in the years 2006 through 2017, the county auditor shall cause to
be deposited an amount equal to one-half of the amount of the
administrative fee loss in the same funds as if allowed as
administrative fees.
Sec. 5907.15. There is hereby created in the state treasury
the
Ohio veterans'
homes rental, and service, and medicare
reimbursement fund.
Revenue generated from temporary use
agreements of
a veterans' home, from the sale of
meals at
a home's
dining halls, and from rental, lease, or sharing agreements
for
the use of facilities, supplies, equipment, utilities, or
services
provided by
a home, and from medicare reimbursements
shall be
credited to
the fund. The fund shall be used only for
maintenance
costs of the
homes and for the purchase of
medications, medication
services, medical
supplies, and medical equipment by the
homes.
Sec. 5907.16. There is hereby created in the state treasury
the medicare services fund. Revenue from federal reimbursement of
medicare services that were provided at state veterans' homes
shall be credited to the fund. The fund shall be used for paying
the operating costs of the state veterans' homes.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the
public water system for which the license
or license renewal
was
issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2008 2010, each application shall
be accompanied
by
the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions
that the director determines are necessary to ensure
compliance
with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
Sec. 6111.0381. There is hereby created in the state treasury
the water quality protection fund. The fund shall consist of
federal grants, including grants made pursuant to the Federal
Water Pollution Control Act, and contributions made to the
environmental protection agency for water quality protection and
restoration. The director of environmental protection shall use
money in the fund for water quality protection and restoration.
Sec. 6111.04. (A) Both of the following apply except as
otherwise provided in division (A) or (F) of this section:
(1) No person shall cause pollution or place or
cause to be
placed any sewage, sludge, sludge materials,
industrial waste, or
other wastes
in a location where they cause pollution of any
waters of the
state.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
Divisions (A)(1) and (2) of this section do not apply if the
person causing pollution or placing or causing to be placed wastes
in a
location in which they cause pollution of any waters of the
state holds a
valid, unexpired permit,
or renewal of a permit,
governing the causing or
placement as provided in sections 6111.01
to 6111.08 of
the Revised Code or if the person's application for
renewal of such a permit is pending.
(B) If the director of environmental protection administers a
sludge management program
pursuant to division (S) of section
6111.03 of the Revised Code,
both of the
following apply except as
otherwise provided in
division (B) or
(F) of this
section:
(1) No person, in the course of sludge management, shall
place on land
located in the state or release into the air of the
state any sludge or sludge
materials.
(2) An action prohibited under division (B)(1) of this
section is
hereby declared to be a public nuisance.
Divisions (B)(1) and (2) of this section do not apply if the
person
placing or releasing the sludge or sludge materials holds a
valid, unexpired
permit, or renewal of a permit, governing the
placement or release as provided
in sections 6111.01 to 6111.08 of
the Revised Code or if the person's application for renewal
of
such a permit is pending.
(C) No person to whom a permit has been issued shall place
or
discharge, or cause to be placed or discharged, in any waters
of
the state any sewage, sludge, sludge materials, industrial
waste,
or other wastes in excess of the permissive discharges
specified
under
an existing permit without first receiving a
permit from
the
director to do
so.
(D) No person to whom a sludge management permit has been
issued shall place on the land or release into the air of the
state any sludge or sludge materials in excess of the permissive
amounts specified under the existing sludge management permit
without first receiving a modification of the existing sludge
management
permit or a new sludge management permit to do so from
the
director.
(E) The director may require the submission of plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or
mineral products when the washing and the
ultimate disposal
of
the
water used in the washing, including any sewage,
industrial
waste,
or other wastes contained in the waters,
are
entirely
confined to
the land under the control of the person
engaged in
the recovery
and processing of the sand, gravel,
other aggregates,
or mineral
products and do not result in the
pollution of waters
of the
state;
(2) Water, gas, or other material injected into a well to
facilitate, or that is incidental to, the production of
oil,
gas,
artificial brine, or water derived in association with oil
or gas
production and disposed of in a well, in compliance with a
permit
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. Division
(F)(2)
of this section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation of the United States environmental protection
agency.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
that application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1511. of the Revised
Code.
Division (F)(3) of this section does not authorize, without a
permit, any discharge that is prohibited by, or for which a permit
is required by, the Federal Water Pollution Control Act or
regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. Division
(F)(4) of this section does not authorize, without a permit, any
discharge that is prohibited by, or for which a permit is required
by, the Federal Water Pollution Control Act or regulations adopted
under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the
approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) A household sewage treatment system or a small flow
on-site sewage treatment system, as applicable, as defined in
section 3718.01 of the Revised Code that is installed Septic tanks
or other disposal systems for the disposal or treatment of sewage
from single-family, two-family, or three-family dwellings in
compliance with Chapter 3718. the sanitary code and section
3707.01 of the Revised Code and rules adopted under it. Division
(F)(7)
of this
section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation
of the United States environmental protection
agency.
(8) Exceptional quality sludge generated outside of this
state and
contained in bags or other containers not greater than
one hundred pounds in
capacity. As used in division (F)(8) of
this
section, "exceptional
quality sludge" has the same meaning as
in
division (Y) of section
3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of
the
Federal Water Pollution Control Act need not obtain a permit
for a discharge authorized by the permit until its
expiration
date. Except as otherwise provided in this division, the director
of environmental protection shall
administer
and enforce those
permits
within this state and may
modify
their terms and
conditions in
accordance with division
(J) of section 6111.03 of
the Revised
Code. On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, the director of agriculture shall administer and
enforce those permits within this state that are issued for any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, in section
6111.14 of the Revised Code, or in
rules adopted under division
(G) of section 6111.03 of the Revised
Code, no municipal
corporation, county, public institution,
corporation, or officer
or employee thereof or other person shall
provide or install
sewerage or treatment works for sewage, sludge,
or sludge
materials disposal or treatment or make a change
in any
sewerage or treatment works until the plans
therefor have been
submitted to and approved by the director of
environmental
protection. Sections 6111.44 to 6111.46 of the
Revised Code apply
to sewerage and treatment works of
a municipal corporation or part
thereof, an unincorporated
community, a county sewer district, or
other land outside of a
municipal corporation or any publicly or
privately owned building
or group of buildings or place, used for
the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons.
In granting an approval, the director may stipulate
modifications, conditions, and
rules that the public health and
prevention of pollution may
require. Any action taken by the
director shall be a matter of
public record and shall be entered
in the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be
installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems
for storm water from an
animal feeding
facility or manure, as
"animal feeding facility"
and "manure" are
defined in section
903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) Sewerage or treatment works for the on-lot disposal or
treatment of sewage from a small flow on-site sewage treatment
system, as defined in section 3718.01 of the Revised Code, if the
board of health of a city or general health district has notified
the director of health and the director of environmental
protection under section 3718.021 of the Revised Code that the
board has chosen to regulate the system, provided that the board
remains in compliance with the rules adopted under division
(A)(13) of section 3718.02 of the Revised Code.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of
disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Sec. 6119.06. Upon the declaration of the court of common
pleas organizing the regional water and sewer district pursuant
to
section 6119.04 of the Revised Code and upon the qualifying of
its
board of trustees and the election of a president and a
secretary,
said district shall exercise in its own name all the
rights,
powers, and duties vested in it by Chapter 6119. of the
Revised
Code, and, subject to such reservations, limitations and
qualifications as are set forth in this Chapter, such district
may:
(A) Adopt bylaws for the regulation of its affairs, the
conduct of its business, and notice of its actions;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places
within the district as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in
its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under
sections 6119.09, 6119.12, and 6119.14 of the Revised Code.
Any
such actions against the district shall be brought in the
court of
common pleas of the county in which the principal office
of the
district is located, or in the court of common pleas of
the county
in which the cause of action arose, and all summonses,
exceptions,
and notices of every kind shall be served on the
district by
leaving a copy thereof at the principal office with
the person in
charge thereof or with the secretary of the
district;.
(E) Assume any liability or obligation of any person or
political subdivision, including a right on the part of such
district to indemnify and save harmless the other contracting
party from any loss, cost, or liability by reason of the failure,
refusal, neglect, or omission of such district to perform any
agreement assumed by it or to act or discharge any such
obligation;
(F) Make loans and grants to political subdivisions for
the
acquisition or construction of water resource projects by
such
political subdivisions and adopt rules, regulations, and
procedures for making such loans and grants;
(G) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
from, or contract for operation by or for, a political
subdivision
or person, water resource projects within or without
the district;
(H) Make available the use or service of any water
resource
project to one or more persons, one or more political
subdivisions, or any combination thereof;
(I) Levy and collect taxes and special assessments;
(J) Issue bonds and notes and refunding bonds and notes as
provided in Chapter 6119. of the Revised Code;
(K) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of its powers and the
performance of its duties under Chapter 6119. of the Revised
Code;
(L) Dispose of, by public or private sale, or lease any
real
or personal property determined by the board of trustees to
be no
longer necessary or needed for the operation or purposes of
the
district;
(M) Acquire, in the name of the district, by purchase or
otherwise, on such terms and in such manner as it considers
proper, or by the exercise of the right of condemnation in the
manner provided by section 6119.11 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it considers
necessary for carrying out Chapter 6119. of the Revised Code, but
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management
facility owned by any person or political subdivision, and
compensation shall be paid for public or private lands so taken;
(N) Adopt rules and regulations to protect augmented flow
by
the district in waters of the state, to the extent augmented
by a
water resource project, from depletion so it will be
available for
beneficial use, to provide standards for the
withdrawal from
waters of the state of the augmented flow created
by a water
resource project which is not returned to the waters
of the state
so augmented, and to establish reasonable charges
therefor, if
considered necessary by the district;
(O) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance
of its duties and the execution of its powers under
Chapter 6119.
of the Revised Code;
(P) Enter into contracts with any person or any political
subdivision to render services to such contracting party for any
service the district is authorized to provide;
(Q) Enter into agreements for grants or the receipt and
repayment of loans from a board of township trustees under section
505.705 of the Revised Code;
(R) Make provision for, contract for, or sell any of its
by-products or waste;
(R)(S) Exercise the power of eminent domain in the manner
provided in Chapter 6119. of the Revised Code;
(S)(T) Remove or change the location of any fence, building,
railroad, canal, or other structure or improvement located in or
out of the district, and in case it is not feasible or economical
to move any such building, structure, or improvement situated in
or upon lands required, and if the cost is determined by the
board
to be less than that of purchase or condemnation, to
acquire land
and construct, acquire, or install therein or
thereon buildings,
structures, or improvements similar in
purpose, to be exchanged
for such buildings, structures, or
improvements under contracts
entered into between the owner
thereof and the district;
(T)(U) Receive and accept, from any federal or state agency,
grants for or in aid of the construction of any water resource
project, and receive and accept aid or contributions from any
source of money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such
grants and contributions are made;
(U)(V) Purchase fire and extended coverage and liability
insurance for any water resource project and for the principal
office and suboffices of the district, insurance protecting the
district and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the district may agree to
provide under any resolution authorizing its water resource
revenue bonds or in any trust agreement securing the same;
(V)(W) Charge, alter, and collect rentals and other charges
for the use of services of any water resource project as provided
in section 6119.09 of the Revised Code. Such district may refuse
the services of any of its projects if any of such rentals or
other charges, including penalties for late payment, are not paid
by the user thereof, and, if such rentals or other charges are
not
paid when due and upon certification of nonpayment to the
county
auditor, such rentals or other charges constitute a lien
upon the
property so served, shall be placed by him the auditor
upon the
real
property tax list and duplicate, and shall be collected in
the
same manner as other taxes;.
(W)(X) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X)(Y) Merge or combine with any other regional water and
sewer district into a single district, which shall be one of the
constituent districts, on terms so that the surviving district
shall be possessed of all rights, capacity, privileges, powers,
franchises, and authority of the constituent districts and shall
be subject to all the liabilities, obligations, and duties of
each
of the constituent districts and all rights of creditors of
such
constituent districts shall be preserved unimpaired, limited
in
lien to the property affected by such liens immediately prior
to
the time of the merger and all debts, liabilities, and duties
of
the respective constituent districts shall thereafter attach
to
the surviving district and may be enforced against it, and
such
other terms as are agreed upon, provided two-thirds of the
members
of each of the boards consent to such merger or
combination. Such
merger or combination shall become legally
effective unless, prior
to the ninetieth day following the later
of the consents,
qualified electors residing in either district
equal in number to
a majority of the qualified electors voting at
the last general
election in such district file with the
secretary of the board of
trustees of their regional water and
sewer district a petition of
remonstrance against such merger or
combination. The secretary
shall cause the board of elections of
the proper county or
counties to check the sufficiency of the
signatures on such
petition.
(Y)(Z) Exercise the powers of the district without obtaining
the consent of any other political subdivision, provided that all
public or private property damaged or destroyed in carrying out
the powers of the district shall be restored or repaired and
placed in its original condition as nearly as practicable or
adequate compensation made therefor by the district;
(Z)(AA) Require the owner of any premises located within the
district to connect his the owner's premises to a water resource
project
determined to be accessible to such premises and found to
require
such connection so as to prevent or abate pollution or
protect
the health and property of persons in the district. Such
connection shall be made in accordance with procedures
established
by the board of trustees of such district and
pursuant to such
orders as the board may find necessary to ensure
and enforce
compliance with such procedures;.
(AA)(BB) Do all acts necessary or proper to carry out the
powers granted in Chapter 6119. of the Revised Code.
Sec. 6121.04. The Ohio water development authority may do
any or all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its
business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places
within the state
that it designates;
(D) Sue and plead in its own name and be sued and impleaded
in its
own name
with respect to its contracts or torts of its
members, employees, or agents
acting within the scope of their
employment, or to enforce its obligations and
covenants made under
sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any
such actions against the authority shall be brought in the court
of
common pleas of the county in which the principal office of the
authority is
located or in the court of common pleas of the county
in which the cause of
action arose, provided that the county is
located within this state, and all
summonses, exceptions, and
notices of every kind shall be served on the
authority by leaving
a copy thereof at the principal office with the person in
charge
thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the
acquisition or
construction of water development projects by any
such governmental agency and
adopt rules and procedures for making
such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip,
maintain, repair, operate, or lease or rent to, or
contract for operation by,
a governmental agency or person, water
development projects, and establish
rules for the use of those
projects;
(G) Make available the use or services of any water
development project to
one or more persons, one or more
governmental agencies, or any combination
thereof;
(H) Issue water development revenue bonds and notes and water
development
revenue refunding bonds of the state, payable solely
from revenues as provided
in section 6121.06 of the Revised Code,
unless the bonds are refunded by
refunding bonds, for the purpose
of paying any part of the cost of one or more
water development
projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real
and personal
property in the exercise of its powers and the
performance of its duties under
this chapter;
(J) Acquire, in the name of the state, by purchase or
otherwise, on
terms and in the manner that it considers
proper, or
by the exercise of the
right of condemnation in the manner
provided by section 6121.18 of the Revised
Code, public or private
lands, including public parks,
playgrounds, or
reservations, or
parts thereof or rights therein, rights-of-way, property,
rights,
easements, and interests that it considers necessary
for carrying
out
this chapter, but excluding the acquisition by the exercise of
the right of
condemnation of any waste water facility or water
management facility owned by
any person or governmental agency,
and compensation shall be paid for public
or private lands so
taken, except that a government-owned waste water facility
may be
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the
state, to the
extent augmented by a water development project,
from depletion so it will be
available for beneficial use, and to
provide standards for the withdrawal from
waters of the state of
the augmented flow created by a water development
project that is
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by
the
authority;
(L) Make and enter into all contracts and agreements and
execute all
instruments necessary or incidental to the performance
of its duties and the
execution of its powers under this chapter
in accordance with the following
requirements:
(1) When the cost under any such contract or agreement, other
than
compensation for personal services, involves an expenditure
of more than
twenty-five thousand dollars, the authority shall
make a written contract with the lowest
responsive and responsible
bidder, in accordance with section 9.312 of the
Revised Code,
after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in other
publications that the authority determines, which shall state
the
general
character of the work and the general character of the
materials to be
furnished, the place where plans and
specifications therefor may be examined,
and the time and place of
receiving bids, provided that a contract or lease
for the
operation of a water development project constructed and owned by
the
authority or an agreement for cooperation in the acquisition
or construction
of a water development project pursuant to section
6121.13 of the Revised
Code or any contract for the construction
of a water development project that
is to be leased by the
authority to, and operated by, persons who are not
governmental
agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by
persons who
are not governmental agencies is not subject to the
foregoing requirements and
the authority may enter into such a
contract or lease or such an agreement
pursuant to negotiation and
upon terms and conditions and for
the period
that it finds to be
reasonable and proper in the
circumstances and in the best
interests of proper operation or of efficient acquisition or
construction of
the project.
(2) Each bid for a contract for the construction, demolition,
alteration,
repair, or reconstruction of an improvement shall
contain the full name of
every person interested in it and shall
meet the requirements of section
153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division
(L)(2) of this
section shall contain the full name of every person
or company interested in
it and shall be accompanied by a
sufficient bond or certified check on a
solvent bank that if the
bid is accepted, a contract will be entered into and
the
performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the
authority, shall
be required of every contractor awarded a
contract except as provided in
division (L)(2) of this section, in
an amount equal to at least fifty per
cent of the contract price,
conditioned upon the faithful performance of the
contract.
(M) Employ managers, superintendents, and other employees and
retain or
contract with consulting engineers, financial
consultants, accounting experts,
architects, attorneys, and other
consultants and independent contractors
that
are necessary in its
judgment to carry out this chapter, and fix the
compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under
this
chapter, from revenues, or from funds appropriated for that
purpose by the
general assembly.
(N) Receive and accept from any federal agency, subject to
the approval of
the governor, grants for or in aid of the
construction of any water
development project or for research and
development with respect to waste
water or water management
facilities, and receive and accept aid or
contributions from any
source of money, property, labor, or other things of
value, to be
held, used, and applied only for the purposes for which the
grants
and contributions are made;
(O) Engage in research and development with respect to waste
water or water
management facilities;
(P) Purchase fire and extended coverage and liability
insurance for any water
development project and for the principal
office and suboffices of the
authority, insurance protecting the
authority and its officers and employees
against liability for
damage to property or injury to or death of persons
arising from
its operations, and any other insurance the authority may agree
to
provide under any resolution authorizing its water development
revenue
bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for
the use or
services of any water development project as provided
in section 6121.13 of
the Revised Code;
(R) Provide coverage for its employees under
Chapters 145.,
4123.,
and 4141. of the Revised Code;
(S) Assist in the implementation and administration of the
drinking water
assistance fund and program created in section
6109.22 of the Revised Code and
the water pollution control loan
fund and program created in section 6111.036
of the Revised Code,
including, without limitation, performing or providing
fiscal
management for the funds and investing and disbursing moneys in
the
funds, and enter into all necessary and appropriate agreements
with the
director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the
state in principal
amounts that are necessary for the purpose of
raising moneys for the sole
benefit of the water pollution control
loan fund created in section 6111.036
of the Revised Code,
including moneys to meet the requirement for providing
matching
moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys
credited to
the fund from payments of principal and interest on
loans made from the fund,
as provided in division (F) of section
6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the
state in principal
amounts that are necessary for the purpose of
raising moneys for the sole
benefit of the drinking water
assistance fund created in section 6109.22 of
the Revised Code,
including moneys to meet the requirement for providing
matching
moneys under divisions (B) and (F) of that section. The bonds
and
notes may be secured by appropriate trust agreements and repaid
from
moneys credited to the fund from payments of principal and
interest on loans
made from the fund, as provided in division (F)
of section 6109.22 of the
Revised Code.
(V) Make loans to and enter into agreements with boards of
county
commissioners for the purposes of section 1521.26 1506.44
of the Revised Code and
adopt rules establishing requirements and
procedures for making the loans and
entering into the agreements;
(W) Do all acts necessary or proper to carry out the powers
expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 6131.23. The assessments estimated in accordance with
section 6131.14 of the Revised Code shall be payable in not less
than two semiannual installments. At the time of the final
hearing, in the order approving the levying of the assessments,
the board of county commissioners shall determine how long a
period of time, in semiannual installments, as taxes are paid,
shall be given the owners of land benefited to pay the
assessments
that are made for an improvement and whether or not
bonds or notes
shall be issued and sold in anticipation of such
payments. If
bonds or notes are to be issued, the interest shall
be added to
the assessments. If the estimated cost of the
improvement does not
exceed five hundred dollars, not more than
two semiannual
installments, as taxes are paid, shall be given to
owners of lands
benefited to pay the assessments that are made
for the
improvement. If the estimated cost of the improvement
exceeds five
hundred dollars, the board may determine the number
of
installments in which the assessments are to be paid. If any
such
assessment is twenty-five dollars or less, or whenever the
unpaid
balance of any such assessment is twenty-five dollars or
less, the
same shall be paid in full, and not in installments, at
the time
the first or next installment would otherwise become
due.
When assessments are payable in installments and county
general funds are used to pay for the improvement, the assessment
shall not exceed ten thirty semiannual installments, as computed
by the
county auditor pursuant to section 6131.49 of the Revised
Code,
and shall be payable upon completion of the contract.
When assessments are made payable in installments and bonds
or notes have been sold to pay for the improvement, interest
shall
be added to the installments of assessments at the same
rate as is
drawn by the bonds or notes issued to pay for the
improvements.
Any owner may pay the estimated assessments on
the owner's land
in cash within thirty days after the final hearing
without
paying
any interest thereon. If the legislative authority of a
political
subdivision chooses to pay the assessments on all
parcels within
the subdivision, both public and private, in one
installment, it
shall pass a resolution so stating and shall send
the resolution,
or a copy thereof, to the board of county
commissioners before
making the payment. The legislative
authority shall pay all
subsequent maintenance assessments levied
under section 6137.03 of
the Revised Code if it chooses to pay
the construction assessments
on all parcels within the
subdivision.
Bonds may be sold for any repayment period that the board
of
county commissioners may determine proper, not to exceed
sixteen
thirty semiannual installments, except that for bonds sold by a
board of county commissioners for soil and water conservation
district improvements pursuant to section 1515.24 of the Revised
Code, the repayment period shall not exceed thirty semiannual
installments.
Section 101.02. That existing sections 9.821, 9.822,
9.823,
9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18,
117.11,
119.07, 120.33, 121.48, 121.51, 122.17, 122.171, 122.602, 122.652,
124.152, 125.04, 125.45, 125.93, 125.96, 125.97, 125.98,
126.07,
126.08, 126.16, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081,
149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08,
167.04, 173.04, 173.35, 173.71, 173.85, 173.86, 174.03, 174.06,
183.01,
183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672,
307.695,
307.98, 307.981, 308.04, 317.08, 319.202, 319.54,
322.01, 323.131,
323.151, 323.152, 323.153, 323.154, 325.31,
329.04, 329.05,
329.14, 340.03, 505.37, 505.376, 505.705, 517.08,
709.01, 711.001, 711.05, 711.10, 711.131, 718.01, 718.03, 718.13,
901.171, 1503.05, 1504.02, 1506.01,
1506.99, 1513.08, 1513.18,
1514.081, 1514.40, 1521.01, 1521.20,
1521.21, 1521.22, 1521.23,
1521.24, 1521.25, 1521.26, 1521.27,
1521.28, 1521.29, 1521.30,
1521.99, 1531.06, 1531.35, 1555.08,
1557.03, 1901.34, 2113.041,
2117.061, 2117.25, 2151.362, 2305.2341, 2744.02, 2913.40, 2921.42,
2927.023, 2935.03, 3109.04, 3109.041, 3119.022,
3119.023,
3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12,
3301.011,
3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12,
3301.311,
3301.53, 3302.03,
3302.10, 3307.01, 3307.31, 3309.01, 3309.51,
3310.41, 3311.24, 3311.51,
3311.521, 3313.532, 3313.537,
3313.603, 3313.615, 3313.64, 3313.646,
3313.66, 3313.661,
3313.841, 3313.843, 3313.97, 3313.974,
3313.977, 3313.978,
3313.98, 3313.983, 3314.015, 3314.02, 3314.06,
3314.061,
3314.074, 3314.08, 3314.083, 3314.091, 3314.26, 3317.01, 3317.012,
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02,
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026,
3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,
3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06,
3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20,
3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26,
3318.36, 3319.29, 3319.291, 3319.301, 3319.31, 3319.55, 3321.03,
3323.011, 3323.02, 3323.03, 3323.031,
3323.04, 3323.05, 3323.051,
3323.07, 3323.09, 3323.091, 3323.12,
3323.13, 3323.14, 3323.141,
3323.142, 3323.143, 3323.15, 3323.17,
3323.18, 3323.20, 3323.30,
3325.011, 3325.02, 3327.01, 3327.05,
3327.16, 3333.04, 3333.122,
3333.36, 3333.38, 3345.05, 3345.32, 3353.03, 3354.10, 3357.01,
3357.10, 3358.06,
3365.01, 3365.02, 3365.03, 3365.04, 3365.041,
3365.05, 3365.07, 3365.09, 3365.11, 3381.04, 3501.01, 3501.05,
3501.11, 3501.17, 3501.31,
3505.062, 3505.063, 3505.23, 3509.08,
3513.21, 3517.093, 3517.106, 3517.11, 3517.13, 3517.992, 3599.17,
3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211,
3702.5212, 3702.5213, 3702.57, 3702.63, 3702.68, 3704.03, 3705.24,
3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51,
3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19,
3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03,
3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4117.06, 4141.09,
4301.20,
4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064,
4503.065,
4503.066, 4503.067, 4503.10, 4503.102, 4503.35,
4505.06, 4508.10,
4513.241, 4513.263, 4513.35, 4715.251, 4717.07,
4723.32, 4723.621,
4723.63, 4723.64, 4723.65, 4723.66, 4731.053,
4731.142, 4731.22,
4735.10, 4735.141, 4736.01, 4743.05,
4755.03,
4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162,
5101.21,
5101.211, 5101.212, 5101.213, 5101.24, 5101.242,
5101.244,
5101.26, 5101.27, 5101.47, 5101.50, 5101.521, 5101.571, 5101.572,
5101.58, 5101.59,
5101.802, 5101.98, 5104.04,
5104.30, 5107.02,
5107.03, 5107.05,
5107.10, 5107.12, 5107.14, 5107.16, 5107.17,
5107.18, 5107.281,
5107.30, 5107.36, 5107.41, 5107.42, 5107.70,
5111.01, 5111.013, 5111.014, 5111.016, 5111.019, 5111.0111,
5111.0112,
5111.023, 5111.03, 5111.06, 5111.084, 5111.10,
5111.101, 5111.11,
5111.112, 5111.113, 5111.163, 5111.17,
5111.172, 5111.20,
5111.851, 5111.871, 5111.872, 5111.8814,
5111.89, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611,
5123.01,
5123.012, 5123.043, 5123.045, 5123.046, 5123.047,
5123.048,
5123.049, 5123.0411, 5123.051, 5123.19, 5123.196,
5123.198,
5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60,
5123.602,
5123.99, 5126.038, 5126.04, 5126.041, 5126.042,
5126.046, 5126.05,
5126.054, 5126.055, 5126.056, 5126.057,
5126.06, 5126.12, 5126.15,
5126.18, 5126.19, 5126.25, 5126.40,
5126.42, 5126.43, 5126.45,
5126.47, 5139.43, 5323.01, 5323.02,
5323.99, 5528.54, 5531.10,
5537.04, 5537.16, 5537.99, 5703.80,
5705.01, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011,
5725.24,
5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86,
5727.87,
5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033,
5739.035, 5739.09,
5739.12, 5739.122, 5739.123, 5739.21, 5741.02,
5741.03, 5741.05, 5741.121, 5743.01,
5743.20, 5743.99, 5745.02,
5745.05, 5745.13, 5747.01, 5747.03, 5747.47,
5747.50, 5747.501,
5747.51, 5747.54, 5747.98, 5748.01, 5748.02, 5749.02, 5751.20,
5751.21, 5751.23, 5907.15, 6109.21,
6111.04, 6111.44, 6119.06,
6121.04, and 6131.23 of the Revised
Code are hereby repealed.
Section 105.01. That sections 103.141, 125.95, 183.02,
183.27, 183.32, 3318.47, 3318.48, 3318.49, 3323.01, 3323.06,
3323.08, 3323.11, 3333.29, 3704.14, 4911.021, 5111.161, 5123.16,
5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431,
5126.44, 5126.451, 5743.331, 5747.61, 5747.62, and 5747.63 of the
Revised Code are hereby repealed.
Section 105.03. That the version of section 3702.68 of the
Revised Code that was to have taken effect July 1, 2007, as a
result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General
Assembly, as most recently amended by Am. Sub. H.B. 66 of the
126th General Assembly, is hereby repealed. It is the intent of
this section to prevent the amendment of section 3702.68 of the
Revised Code that was to have taken effect July 1, 2007.
Section 115.03. That section 5101.213 of the Revised Code is
hereby repealed, effective July 1, 2008.
Section 120.01. During the period beginning July 1, 2007,
and expiring July 1, 2009, the operation of sections 3718.02,
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and
6111.441 of the Revised Code is suspended. On July 1, 2009,
sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09,
3718.10, 3718.99, and 6111.441 of the Revised Code, in either
their present form or as they are later amended, again become
operational.
Section 120.02. (A)(1) Effective July 2, 2007, the rules
adopted by the Public Health Council under section 3718.02 of the
Revised Code that took effect on January 1, 2007, are not valid.
Not later than July 2, 2007, the Director of Health shall adopt
rules that are identical to the rules adopted by the Public Health
Council that were in effect prior to January 1, 2007, and were
codified in Chapter 3701-29 of the Administrative Code, except the
rules in that chapter that established requirements for separation
distances from a water table and soil absorption requirements.
At the same time that the Public Health Council adopts the
rules required under division (A)(2) of this section, the Director
shall rescind the rules adopted under this division.
The adoption and rescission of rules under this division are
not subject to section 119.03 of the Revised Code. However, the
Director shall file the adoption and rescission of the rules in
accordance with section 119.04 of the Revised Code. Upon that
filing, the adoption and rescission of the rules take immediate
effect.
(2) Not later than thirty days after the
effective date of
this section and notwithstanding any provision
of law to the
contrary, the Public Health Council shall rescind
rules adopted
by the Council under section 3718.02 of the Revised
Code, that
took effect on January 1, 2007. At the same time as
those rules
are rescinded, the Council shall adopt rules that are
identical
to the rules adopted by the Council that were in effect
prior to
January 1, 2007, and were codified in Chapter 3701-29 of
the
Administrative Code, except the rules in that Chapter that
established requirements for separation distances from a water
table and soil absorption requirements. Instead, a board of health
or the authority having the duties of a board of health shall
adopt standards establishing requirements for separation distances
from a water table and soil absorption requirements based on the
water table and soils in the applicable health district for
purposes of the installation and operation of household sewage
treatment systems and small flow on-site sewage treatment systems
in the applicable health district.
The rescission and adoption of rules under this division are
not subject to section 119.03 of the Revised Code. However, the
Public Health Council shall file the rules in accordance with
section 119.04 of the Revised Code. Upon that filing, the rules
take immediate effect.
(B) A local board of health or the authority having the
duties of a board of health may adopt standards for use in the
health district that are more stringent than the rules adopted
under division (A)(1) or (2) of this section, provided that the
board of
health or authority having the duties of a board of
health in
adopting such standards considers the economic impact
of those
standards on property owners, the state of available
technology,
and the nature and economics of the available
alternatives. If a
board of health or authority having the duties
of a board of
health adopts standards that are more stringent
than the rules
adopted under division (A)(1) or (2) of this
section, the board or authority
shall send a copy of the
standards to the Department of Health.
(C)(1) A board of health or the authority having the duties
of a board of health shall approve or deny the use of household
sewage treatment systems and small flow on-site sewage treatment
systems in the applicable health district. In approving or denying
a household sewage treatment system or a small flow on-site sewage
treatment system for use in the health district, the board or
authority shall consider the economic impact of the system on
property owners, the state of available technology, and the nature
and economics of the available alternatives, ensure that a system
will not create a public health nuisance, and require a system to
comply with the requirements established in divisions (C)(2) and
(3) of this section.
(2) Notwithstanding any rule adopted by the Director of
Health or the Public Health
Council or standard adopted by a
board of health or the authority
having the duties of a board of
health governing the installation
and operation of sewage
treatment systems, a board of health or
the authority having the
duties of a board of health shall ensure
that the design and
installation of a soil absorption system
prevents public health
nuisances. To the extent determined
necessary by a board of
health or the authority having the duties
of a board of health, a
sewage treatment system that is installed
after the effective
date of this section shall not discharge to a
ditch, stream,
pond, lake, natural or artificial waterway, drain
tile, other
surface water, or the surface of the ground unless
authorized by
a national pollutant discharge elimination system
(NPDES) permit
issued under Chapter 6111. of the Revised Code and
rules adopted
under it. In addition, a sewage treatment system
shall not
discharge to an abandoned well, a drainage well, a dry
well or
cesspool, a sinkhole, or another connection to ground
water. As a
condition to the issuance of a permit to operate a
system, a
board of health or the authority having the duties of a
board of
health shall require a service contract for any sewage
treatment
system that is subject to an NPDES permit to the extent
required
by the Environmental Protection Agency. If classified as
a class
V injection well, a household sewage treatment system
serving a
two- or three-family dwelling or a small flow on-site
sewage
treatment system shall comply with 40 C.F.R. 144, as
published in
the July 1, 2005, Code of Federal Regulations and
with the
registration requirements established in rule 3745-34-13
of the
Administrative Code.
(3) Notwithstanding any rule adopted by the Director of
Health or the Public Health
Council or standard adopted by a
board of health or the authority
having the duties of a board of
health governing the installation
and operation of household
sewage treatment systems, all septic
tanks, other disposal
component tanks, dosing tanks, pump vaults,
household sewage
disposal system holding tanks and privy vaults,
or other
applicable sewage disposal system components manufactured
after
the effective date of this section and used in this state
shall
be watertight and structurally sound.
(4) For purposes of division (C) of this section, "economic
impact" means all of the following with respect to the approval or
denial of a household sewage treatment system or small flow
on-site sewage treatment system, as applicable:
(a) The cost of a proposed system;
(b) The cost of an alternative system that will not create a
public health nuisance;
(c) A comparison of the costs of repairing a system as
opposed to replacing the system with a new system;
(d) The value of the dwelling or facility, as applicable,
that the system services as indicated in the most recent tax
duplicate.
(D)(1) Notwithstanding any rule adopted by the Director of
Health or the Public Health Council governing the installation and
operation of household
sewage treatment systems, a board of
health or the authority
having the duties of a board of health
may establish and collect
fees for the purposes of this section.
(2) In addition to the fees that are authorized to be
established under division (D)(1) of this section, there is hereby
levied an application fee of twenty-five dollars for a sewage
treatment system installation permit. A board of health or the
authority having the duties of a board of health shall collect the
fee on behalf of the Department of Health and forward the fee to
the Department to be deposited in the state treasury to the credit
of the Sewage Treatment System Innovation Fund, which is hereby
created. Not more than seventy-five per cent of the money in the
Fund shall be used by the Department to administer the sewage
treatment system program, and not less than twenty-five per cent
of the money in the Fund shall be used to establish a grant
program in cooperation with boards of health to fund the
installation and evaluation of new technology pilot projects. In
the selection of the pilot projects, the Director of Health shall
consult with the Sewage Treatment System Technical Advisory
Committee created in section 3718.03 of the Revised Code.
(E) Not later than one year after the installation of a
household sewage treatment system, a board of health or the
authority having the duties of a board of health shall inspect the
system to ensure that it is not a public health nuisance.
(F) The Department of Health may file an injunctive action
against a board of health or the authority having the duties of a
board of health that allows a household sewage treatment system or
small flow on-site sewage treatment system to cause a public
health nuisance, provided that the Department provides reasonable
notice to the board or authority and allows for the opportunity to
abate the nuisance prior to the action.
(G) The Environmental Protection Agency shall not require a
board of health or the authority having the duties of a board of
health to enter into a memorandum of understanding or any other
agreement with the Agency regarding the issuance of NPDES permits
for off-lot sewage treatment systems. Instead, a representative of
a board of health or the authority having the duties of a board of
health may meet with a person who intends to install such a system
to determine the feasibility of the system and refer the person to
the Agency to secure an NPDES permit for the system if needed. The
Environmental Protection Agency, within ninety days or as quickly
as possible after the effective date of this section, shall seek a
revision to the general NPDES permit, issued pursuant to the
federal Water Pollution Control Act as defined in section 6111.01
of the Revised Code, in order not to require a memorandum of
understanding with a board of health or the authority having the
duties of a board of health and that allows a property owner to
seek coverage under the general NPDES permit for purposes of this
division. A board of health or the authority having the duties of
a board of health voluntarily may enter into a memorandum of
understanding with the Environmental Protection Agency to
implement the general NPDES permit. In the interim, the Agency
shall work with boards of health or authorities having the duties
of boards of health and with property owners in order to
facilitate the owners' securing an NPDES permit in counties
without a memorandum of understanding.
(H) Notwithstanding any rule adopted by the Director of
Health or the Public Health Council governing the installation and
operation of household
sewage treatment systems, a board of
health or the authority
having the duties of a board of health
that, prior to the
effective date of this section, has obtained
authority from the
Department of Health and the Environmental
Protection Agency to
regulate small flow on-site sewage treatment
systems may continue
to regulate such systems on and after the
effective date of this
section. A board of health or the
authority having the duties of a
board of health that has not
obtained such authority may request
the authority from the
Department of Health and the Environmental
Protection Agency in
the manner provided by law.
(I) Because the rules adopted by the Public Health Council
under section 3718.02 of the Revised Code that were effective on
January 1, 2007, have been rescinded by operation of this section,
the references to those rules in section 3718.021 of the Revised
Code are not operable. Instead, notwithstanding any other
provisions of this section, the Director of Health or the Public
Health Council, as applicable, shall
provide for the
implementation of section 3718.021 of the Revised
Code in the
rules that are required to be adopted under division
(A) of this
section.
(J) The Department of Health in cooperation with a board of
health or the authority having the duties of a board of health
shall assess the familiarity of the board's or authority's staff
with the best practices in the use of sewage treatment systems and
conduct appropriate training to educate the board's or authority's
staff in those best practices and in the use of any new sewage
treatment system technology that is recommended for use by the
Sewage Treatment System Technical Advisory Committee created in
section 3718.03 of the Revised Code.
(K)(1) As used in this section, "household sewage treatment
system," "small flow on-site sewage treatment system," and "sewage
treatment system" have the same meanings as in section 3718.01 of
the Revised Code.
(2) For the purposes of this section, "household sewage
treatment system" is deemed to mean "household sewage disposal
system" as necessary for the operation of this section.
(3) For purposes of this section, a public health nuisance
shall be deemed to exist when an inspection conducted by a board
of health documents odor, color, or other visual manifestations of
raw or poorly treated sewage and either of the following applies:
(a) Water samples exceed five thousand fecal coliform counts
per one hundred milliliters (either MPN or MF) in two or more
samples when five or fewer samples are collected or in more than
twenty per cent of the samples when more than five samples are
taken.
(b) Water samples exceed five hundred seventy-six E. Coli
counts per one hundred milliliters in two or more samples when
five or fewer samples are collected or in more than twenty per
cent of the samples when more than five samples are taken.
(L) Neither the Director of Health or the Public Health
Council shall adopt rules prior to July 1, 2009, that modify or
change the requirements established by this section.
(M) This section expires on the effective date of the rules
that are to be adopted under section 3718.02 of the Revised Code
when that section becomes operational on July 1, 2009, pursuant to
Section 120.01 of this act.
Section 120.03. That sections 711.001, 711.05, 711.10,
711.131, 4736.01, 6111.04, and 6111.44 be further amended and
section
3718.022 of the Revised Code be enacted to read as
follows:
Sec. 711.001. As used in
this chapter:
(A)
"Plat" means a map of a tract or parcel of land.
(B)
"Subdivision" means
either of the following:
(1) The division of any parcel of land shown as a unit or
as
contiguous units on the last preceding
general tax
list and
duplicate of real and public utility property, into two or
more
parcels, sites, or lots, any one of which is less than
five acres
for the purpose, whether immediate or future, of transfer
of
ownership, provided, however, that the following are exempt:
(a) A division or partition
of
land into parcels of more than
five acres not
involving any
new streets or easements of access;
(b) The sale or exchange of
parcels between adjoining lot
owners, where
that sale or
exchange
does not create additional
building sites;
(c) If the planning authority adopts a rule in accordance
with section 711.133 of the Revised Code that exempts from
division (B)(1) of this section any parcel of land that is four
acres or more, parcels in the size range delineated in that rule.
(2) The improvement of one or more parcels of land for
residential, commercial, or industrial structures or groups of
structures involving the division or allocation of land for the
opening, widening, or extension of any
public or private street or
streets, except
private streets serving industrial structures,
or
involving the
division or
allocation of land as open spaces for
common use by
owners,
occupants, or
leaseholders or
as easements
for the extension and
maintenance of public
or
private sewer,
water, storm
drainage, or other
similar
facilities.
(C) "Household sewage treatment system" has the same meaning
as in section 3709.091 of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of
the
submission. Within five days of submission of the plat, the
board
shall schedule a meeting to consider the plat and send a
written
notice by regular mail to
the fiscal officer of the board of
township trustees of the township in
which the plat is located and
the board of health of the health district in which the plat is
located. The notice shall inform the trustees
and the board of
health of the submission of the plat and of the date, time, and
location
of any meeting at which the board of county commissioners
will
consider or act upon the proposed plat. The meeting shall
take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners.
The approval of the board required by section
711.041 of the
Revised Code or the refusal to approve shall take
place within
thirty days from the date of submission or such
further time as
the applying party may agree to in writing;
otherwise, the plat is
deemed approved and may be recorded as if
bearing such approval.
(B) The board may adopt general rules
governing plats and
subdivisions of land falling within its
jurisdiction, to secure
and provide for the coordination of the
streets within the
subdivision with existing streets and roads or
with existing
county highways, for the proper amount of open
spaces for traffic,
circulation, and utilities, and for the
avoidance of future
congestion of population detrimental to the
public health, safety,
or welfare, but shall not impose a greater
minimum lot area than
forty-eight hundred square feet.
Before the board may amend or
adopt rules, it shall notify all the townships in the county of
the proposed amendments or rules by regular mail at least thirty
days before the public meeting at which the proposed amendments
or
rules are to be considered.
The rules
may require the board of health
to review and
comment
on a plat before the board of county
commissioners acts
upon it
and may also require proof of
compliance with any
applicable
zoning resolutions, and with rules governing
household
sewage treatment systems rules adopted under section 3718.02 of
the Revised Code, as a
basis for approval of a plat. Where under
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, the general rules may require the submission of
appropriate plans and specifications for approval. The board
shall
not require the person submitting the plat to alter the
plat or
any part of it as a condition for approval, as long as
the plat is
in accordance with general rules governing plats and
subdivisions
of land, adopted by the board as provided in this
section, in
effect at the time the plat was submitted and the
plat is in
accordance with any standards and specifications set
up under
section 711.101 of the Revised Code, in effect at the
time the
plat was submitted.
(C) The ground of
refusal to approve
any plat, submitted in
accordance with section 711.041 of the
Revised Code, shall be
stated upon the record of the board, and,
within sixty days
thereafter, the person submitting any plat
that the board refuses
to approve may file a petition in
the
court of common pleas of the
county in which the land described
in the plat is situated to
review the action of the board.
A
board of township trustees is
not entitled to appeal a decision
of the board of county
commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, no plat of a
subdivision of
land within the county or region, other than land
within a
municipal corporation or land within three miles of a
city or one
and one-half miles of a village as provided in
section 711.09 of
the Revised Code, shall be recorded until it is
approved by the
county or regional planning commission
under division (C) of this
section and the
approval is endorsed in writing on the plat.
(B)
A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the
commission requires this submission, it shall
provide for a review process
for the preliminary plan. Under this
review process, the planning commission
shall give its approval,
its approval with conditions, or its disapproval of
each
preliminary plan. The commission's decision shall be in writing,
shall
be under the signature of the secretary of the commission,
and shall be issued
within thirty-five business days after the
submission of the preliminary plan to
the
commission. The
disapproval of a preliminary plan shall state the reasons for
the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve,
conditionally approve, or refuse to approve a plat under
division (C)
of this section.
(C) Within five calendar days
after
the submission of a plat
for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
to the fiscal
officer of the
board of
township trustees of the
township in which
the plat is
located and the board of health of the health district
in which the plat is located. The notice
shall
inform the trustees
and the board of health of the submission
of the plat and of
the
date, time, and location of any meeting at
which the county
or
regional planning commission will consider or
act upon the
plat.
The meeting shall take place within
thirty
calendar days
after
submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning
commission sent the notice.
The approval of the
county or regional planning commission,
the commission's conditional approval as described in this
division,
or the refusal
of the commission to approve shall be
endorsed on the plat within
thirty
calendar days after
the
submission of the plat for approval
under this division or
within
such further time as the applying party may agree to in
writing;
otherwise that plat is deemed approved, and the
certificate of the
commission as to the date of the
submission of the plat for
approval
under this division and the
failure to take
action on it
within that time shall
be sufficient
in lieu of
the written
endorsement or evidence of approval
required by this
division.
A county or regional planning commission
may grant
conditional approval under this division to a plat by
requiring a
person submitting the plat to alter the plat or any
part of it,
within a specified period after the end of the thirty
calendar
days, as a condition for
final approval
under
this division.
Once
all the conditions have
been met within the specified period, the
commission shall cause
its final approval under this division to
be endorsed
on the plat.
No
plat shall be recorded until it is
endorsed with the
commission's final or
unconditional approval
under this division.
The
ground of refusal of approval of any plat submitted
under
this division, including
citation of or reference to the rule
violated by the plat, shall
be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after
the refusal
under this division, the person submitting any
plat
that the
commission refuses to approve
under this
division
may
file a petition in the court of common pleas of the
proper
county,
and the proceedings on the petition shall be
governed by
section 711.09
of the Revised Code as in the case of
the refusal
of a planning
authority to approve a plat. A board of
township
trustees is not
entitled to appeal a decision of the
commission
under this
division.
A county or regional planning commission shall adopt
general
rules, of uniform application, governing plats and
subdivisions of
land falling within its jurisdiction, to secure
and provide for
the proper arrangement of streets or other
highways in relation to
existing or planned streets or highways
or to the county or
regional plan, for adequate and convenient
open spaces for
traffic, utilities, access of
firefighting
apparatus, recreation,
light, and air, and for the avoidance of
congestion of population.
The rules may provide for their
modification by the
commission in
specific cases where unusual
topographical and
other exceptional
conditions require the
modification. The
rules may require the
board of
health to review and
comment on a plat
before the
commission acts upon it and
also may
require proof of
compliance
with any applicable zoning resolutions, and with rules governing
household sewage treatment systems rules adopted under section
3718.02 of
the Revised Code,
as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules,
the
commission shall hold a public
hearing
on the
adoption or
amendment. Notice of the public
hearing shall be
sent to all
townships in the county or region by
regular mail or electronic
mail at least thirty business days before the
hearing. No
county
or regional planning commission shall adopt
any rules
requiring
actual construction of streets or other
improvements or
facilities
or assurance of that construction as a
condition
precedent to the
approval of a plat of a subdivision
unless
the requirements have
first been adopted by the board of
county
commissioners after a
public hearing.
A copy of the rules
shall be certified by the
planning commission to the county
recorders
of the appropriate
counties.
After a county or regional street
or highway plan has been
adopted as provided in this section, the
approval of plats and
subdivisions provided for in this section
shall be in lieu of any
approvals provided for in other sections
of the Revised Code,
insofar as the territory within the approving
jurisdiction of
the
county or regional planning commission, as
provided in this
section, is concerned. Approval of a plat shall
not be an
acceptance by the public of the dedication of any
street, highway,
or other way or open space shown upon the plat.
No county or regional planning commission shall require a
person submitting a plat to alter the plat or any part of it as
long as the plat is in accordance with the general rules governing
plats and subdivisions of land, adopted by the commission as
provided in this section, in effect at the time the plat is
submitted.
A county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
(D) As used in this section, "business day" means a day of
the week excluding Saturday, Sunday, or a legal holiday as defined
in section 1.14 of the Revised Code.
Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13
of
the Revised Code and except as provided in division (C) of this
section, unless the rules adopted under section 711.05, 711.09, or
711.10 of the Revised Code are amended pursuant to division (B) of
this section, a proposed
division of a parcel of land along an
existing public street, not
involving the opening, widening, or
extension of any street or
road, and involving no more than five
lots after the original
tract has been completely subdivided, may
be submitted to the planning
authority having approving
jurisdiction of
plats under
section 711.05, 711.09, or 711.10 of
the Revised
Code
for approval without plat. If
the authority
acting
through
a
properly designated representative
finds
that
a
proposed division is not contrary to applicable
platting,
subdividing,
zoning, health, sanitary,
or access management
regulations, regulations adopted under division (B)(3) of
section
307.37 of the Revised Code regarding existing surface or
subsurface drainage, or rules governing household sewage treatment
systems rules adopted
under section 3718.02 of the Revised Code,
it shall
approve
the
proposed
division within seven business days
after its submission
and, on
presentation of a
conveyance of
the
parcel,
shall stamp
the
conveyance
"approved by (planning
authority); no
plat
required" and have it
signed by its clerk,
secretary, or
other
official as may be
designated by it.
The
planning authority
may
require the
submission of a sketch and
other information
that
is
pertinent
to its determination
under
this division.
(B)
For a period of up to two years after April 15, 2005, the
rules adopted under section
711.05, 711.09,
or 711.10 of the
Revised Code
may be amended
within that
period to authorize the
planning authority
involved to
approve
proposed divisions of
parcels of land without plat under
this
division. If an authority
so amends its rules, it may approve
no
more
than five lots
without a plat from an original tract as
that original tract
exists on the
effective date of the amendment
to the rules. The
authority shall make the
findings and approve a
proposed division
in the time and manner specified in
division (A)
of this section.
(C) This section does not apply to parcels subject to section
711.133 of the Revised Code.
(D)
As used in this section,
"business day" means a day of
the week excluding Saturday, Sunday, or a legal holiday as defined
in section 1.14 of the Revised Code.
Sec. 3718.022. Notwithstanding any provision in this chapter
to the contrary, in adopting rules under division (A) of section
3718.02 of the Revised Code, the public health council shall
consider the economic impact of the rules on property owners, the
state of available technology, and the nature and economics of the
available alteratives.
Sec. 4736.01. As used in this chapter:
(A) "Environmental health science" means the aspect of
public
health science that includes, but is not limited to, the
following
bodies of knowledge: air quality, food quality and
protection,
hazardous and toxic substances, consumer product
safety, housing,
institutional health and safety, community noise
control,
radiation protection, recreational facilities, solid and
liquid
waste management, vector control, drinking water quality,
milk
sanitation, and rabies control.
(B) "Sanitarian" means a person who performs for
compensation
educational, investigational, technical, or
administrative duties
requiring specialized knowledge and skills
in the field of
environmental health science.
(C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with this chapter.
(D) "Sanitarian-in-training" means a person who is
registered
as a sanitarian-in-training in accordance with this chapter.
(E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
environmental protection agency, the department of
health, or
the
department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following:
(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or
3733. of the
Revised Code;
(2) Chapter 3734. of the Revised Code as it pertains to
solid
waste;
(3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.38 to 3707.99, or section 3715.21
of the Revised
Code;
(4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools;
(5) Rules adopted under section 3701.935 of the Revised Code
for school health and safety network inspections and rules adopted
under section 3707.26 of the Revised Code for sanitary
inspections.
"Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian.
The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Sec. 6111.04. (A) Both of the following apply except as
otherwise provided in division (A) or (F) of this section:
(1) No person shall cause pollution or place or
cause to be
placed any sewage, sludge, sludge materials,
industrial waste, or
other wastes
in a location where they cause pollution of any
waters of the
state.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
Divisions (A)(1) and (2) of this section do not apply if the
person causing pollution or placing or causing to be placed wastes
in a
location in which they cause pollution of any waters of the
state holds a
valid, unexpired permit,
or renewal of a permit,
governing the causing or
placement as provided in sections 6111.01
to 6111.08 of
the Revised Code or if the person's application for
renewal of such a permit is pending.
(B) If the director of environmental protection administers a
sludge management program
pursuant to division (S) of section
6111.03 of the Revised Code,
both of the
following apply except as
otherwise provided in
division (B) or
(F) of this
section:
(1) No person, in the course of sludge management, shall
place on land
located in the state or release into the air of the
state any sludge or sludge
materials.
(2) An action prohibited under division (B)(1) of this
section is
hereby declared to be a public nuisance.
Divisions (B)(1) and (2) of this section do not apply if the
person
placing or releasing the sludge or sludge materials holds a
valid, unexpired
permit, or renewal of a permit, governing the
placement or release as provided
in sections 6111.01 to 6111.08 of
the Revised Code or if the person's application for renewal
of
such a permit is pending.
(C) No person to whom a permit has been issued shall place
or
discharge, or cause to be placed or discharged, in any waters
of
the state any sewage, sludge, sludge materials, industrial
waste,
or other wastes in excess of the permissive discharges
specified
under
an existing permit without first receiving a
permit from
the
director to do
so.
(D) No person to whom a sludge management permit has been
issued shall place on the land or release into the air of the
state any sludge or sludge materials in excess of the permissive
amounts specified under the existing sludge management permit
without first receiving a modification of the existing sludge
management
permit or a new sludge management permit to do so from
the
director.
(E) The director may require the submission of plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or
mineral products when the washing and the
ultimate disposal
of
the
water used in the washing, including any sewage,
industrial
waste,
or other wastes contained in the waters,
are
entirely
confined to
the land under the control of the person
engaged in
the recovery
and processing of the sand, gravel,
other aggregates,
or mineral
products and do not result in the
pollution of waters
of the
state;
(2) Water, gas, or other material injected into a well to
facilitate, or that is incidental to, the production of
oil,
gas,
artificial brine, or water derived in association with oil
or gas
production and disposed of in a well, in compliance with a
permit
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. Division
(F)(2)
of this section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation of the United States environmental protection
agency.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
that application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1511. of the Revised
Code.
Division (F)(3) of this section does not authorize, without a
permit, any discharge that is prohibited by, or for which a permit
is required by, the Federal Water Pollution Control Act or
regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. Division
(F)(4) of this section does not authorize, without a permit, any
discharge that is prohibited by, or for which a permit is required
by, the Federal Water Pollution Control Act or regulations adopted
under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the
approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) Septic tanks or other disposal systems for the disposal
or treatment of sewage from single-family, two-family, or
three-family dwellings A household sewage treatment system or a
small flow on-site sewage treatment system, as applicable, as
defined in section 3718.01 of the Revised Code that is installed
in compliance with the sanitary code and section 3707.01 Chapter
3718. of the Revised Code and rules adopted under it. Division
(F)(7)
of this
section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation
of the United States environmental protection
agency.
(8) Exceptional quality sludge generated outside of this
state and
contained in bags or other containers not greater than
one hundred pounds in
capacity. As used in division (F)(8) of
this
section, "exceptional
quality sludge" has the same meaning as
in
division (Y) of section
3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of
the
Federal Water Pollution Control Act need not obtain a permit
for a discharge authorized by the permit until its
expiration
date. Except as otherwise provided in this division, the director
of environmental protection shall
administer
and enforce those
permits
within this state and may
modify
their terms and
conditions in
accordance with division
(J) of section 6111.03 of
the Revised
Code. On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, the director of agriculture shall administer and
enforce those permits within this state that are issued for any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, in section
6111.14 of the Revised Code, or in
rules adopted under division
(G) of section 6111.03 of the Revised
Code, no municipal
corporation, county, public institution,
corporation, or officer
or employee thereof or other person shall
provide or install
sewerage or treatment works for sewage, sludge,
or sludge
materials disposal or treatment or make a change
in any
sewerage or treatment works until the plans
therefor have been
submitted to and approved by the director of
environmental
protection. Sections 6111.44 to 6111.46 of the
Revised Code apply
to sewerage and treatment works of
a municipal corporation or part
thereof, an unincorporated
community, a county sewer district, or
other land outside of a
municipal corporation or any publicly or
privately owned building
or group of buildings or place, used for
the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons.
In granting an approval, the director may stipulate
modifications, conditions, and
rules that the public health and
prevention of pollution may
require. Any action taken by the
director shall be a matter of
public record and shall be entered
in the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be
installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems
for storm water from an
animal feeding
facility or manure, as
"animal feeding facility"
and "manure" are
defined in section
903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) Sewerage or treatment works for the on-lot disposal or
treatment of sewage from a small flow on-site sewage treatment
system, as defined in section 3718.01 of the Revised Code, if the
board of health of a city or general health district has notified
the director of health and the director of environmental
protection under section 3718.021 of the Revised Code that the
board has chosen to regulate the system, provided that the board
remains in compliance with the rules adopted under division
(A)(13) of section 3718.02 of the Revised Code.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of
disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Section 120.04. That existing sections 711.001, 711.05,
711.10, 711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code
are hereby repealed.
Section 120.05. Sections 120.03 and 120.04 take effect on
July 1, 2009.
Section 130.01. As is more completely explained in Sections
130.02 and 130.03 that follow, this act, pursuant to Section
611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms
and orders implementation of the amendments and the enactment
referred to in Section 611.03, the taking effect of which
amendments and enactment by Am. Sub. H.B. 66 was postponed in
whole or in part by Section 611.03 pending this confirmation and
order.
Section 130.02. (A)(1) Sections 3311.19, 3313.12, and 4117.08
of the Revised Code are presented in division (B) of this section
solely for the purpose of confirming the sections and ordering
their implementation as they result from Am. Sub. H.B. 66 of the
126th General Assembly. No other action is being taken with regard
to these sections.
(2) Section 9.833 of the Revised Code is presented in
division (B) of this section for the purpose of confirming the
section and ordering its implementation as it results from Am.
Sub. H.B. 46 and Am. Sub. H.B. 66, both of the 126th General
Assembly, and of amending the section to read as directed by this
act. Section 9.90 of the Revised Code is presented in division (B)
of this section for the purposes of confirming the section and
ordering its implementation as it results from Am. Sub. H.B. 66
and Sub. H.B. 193 of the 126th General Assembly and of amending
the section to read as directed by this act. Section 9.901 of the
Revised Code is presented in division (B) of this section for the
purposes of confirming the section and ordering its complete
implementation as it results from Am. Sub. H.B. 66 of the 126th
General Assembly and as it was subsequently amended by Am. Sub.
H.B. 530 of the 126th General Assembly and of amending the section
to read as directed by this act. Sections 3313.202, 3313.33, and
4117.03 of the Revised Code are presented in division (B) of this
section for the purposes of confirming the sections and ordering
their implementation as they result from Am. Sub. H.B. 66 of the
126th General Assembly and of amending the sections to read as
directed by this act.
(B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202,
3313.33, 4117.03, and 4117.08 of the Revised Code are presented in
this division as explained in divisions (A)(1) and (2) of this
section:
Sec. 9.833. (A) As used in this section, "political
subdivision" means a municipal corporation, township, county,
or
other body corporate and politic responsible
for governmental
activities in a geographic area smaller than
that of the state,
and agencies and instrumentalities of these entities. For purposes
of this section, a school district is not a "political
subdivision."
(B) Political subdivisions that provide health care
benefits
for their officers or employees may do any of the
following:
(1) Establish and maintain an individual self-insurance
program with public moneys to provide authorized health care
benefits, including but not limited to, health care, prescription
drugs, dental care, and vision care, in accordance with division
(C) of this section;
(2) Establish and maintain a health savings account program
whereby employees or officers may establish and maintain health
savings accounts in accordance with section 223 of the Internal
Revenue Code. Public moneys may be used to pay for or fund
federally qualified high deductible health plans that are linked
to health savings accounts or to make contributions to health
savings accounts. A health savings account program may be a part
of a self-insurance program.
(3) After establishing an individual self-insurance
program,
agree with other political subdivisions that have
established
individual self-insurance programs for health care
benefits, that
their programs will be jointly administered in a
manner specified
in the agreement;
(4) Pursuant to a written agreement and in accordance with
division (C) of this section, join in any combination with other
political subdivisions to establish and maintain a joint
self-insurance program to provide health care benefits;
(5) Pursuant to a written agreement, join in any
combination
with other political subdivisions to procure or
contract for
policies, contracts, or plans of insurance to
provide health care
benefits, which may include a health savings account program, for
their officers and employees
subject to the agreement;
(6) Use in any combination any of the policies, contracts,
plans, or programs authorized under this division.
(C) Except as otherwise provided in division (E) of this
section, the following apply to individual or joint
self-insurance
programs established pursuant to this section:
(1) Such funds shall be reserved as are necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential cost of health care benefits for the officers and
employees of the political subdivision. A report of amounts so
reserved and disbursements made from such funds, together with a
written report of a member of the American academy of actuaries
certifying whether the amounts reserved conform to the
requirements of this division, are computed in accordance with
accepted loss reserving standards, and are fairly stated in
accordance with sound loss reserving principles, shall be
prepared
and maintained, within ninety days after the last day of
the
fiscal year of the entity for which the report is provided
for
that fiscal year, in the office of the program administrator
described in division (C)(3) of this section.
The report required by division (C)(1) of this section
shall
include, but not be limited to, disbursements made for the
administration of the program, including claims paid, costs of the
legal representation of political subdivisions and employees, and
fees paid to consultants.
The program administrator described in division (C)(3) of
this section shall make the report required by this division
available for inspection by any person at all reasonable times
during regular business hours, and, upon the request of such
person, shall make copies of the report available at cost within
a
reasonable period of time.
(2) Each political subdivision shall reserve funds
necessary
for an individual or joint self-insurance program in a
special
fund that may be established for political subdivisions other than
an agency or instrumentality pursuant to an ordinance or
resolution of the political subdivision and not subject to
section
5705.12 of the Revised Code. An agency or instrumentality shall
reserve the funds necessary for an individual or joint
self-insurance program in a special fund established pursuant to a
resolution duly adopted by the agency's or instrumentality's
governing board. The political subdivision
may allocate the costs
of insurance or any self-insurance
program, or both, among the
funds or accounts established under this division on the basis of
relative exposure and loss
experience.
(3) A contract may be awarded, without the necessity of
competitive bidding, to any person, political subdivision,
nonprofit corporation organized under Chapter 1702. of the
Revised
Code, or regional council of governments created under
Chapter
167. of the Revised Code for purposes of administration
of an
individual or joint self-insurance program. No such
contract shall
be entered into without full, prior, public
disclosure of all
terms and conditions. The disclosure shall
include, at a minimum,
a statement listing all representations
made in connection with
any possible savings and losses resulting
from the contract, and
potential liability of any political
subdivision or employee. The
proposed contract and statement
shall be disclosed and presented
at a meeting of the political
subdivision not less than one week
prior to the meeting at which
the political subdivision authorizes
the contract.
A contract awarded to a nonprofit corporation or a regional
council of governments under this division may provide that all
employees of the nonprofit corporation or regional council of
governments and the employees of all entities related to the
nonprofit corporation or regional council of governments may be
covered by the individual or joint self-insurance program under
the terms and conditions set forth in the contract.
(4) The individual or joint self-insurance program shall
include a contract with a member of the American academy of
actuaries for the preparation of the written evaluation of the
reserve funds required under division (C)(1) of this section.
(5) A joint self-insurance program may allocate the costs
of
funding the program among the funds or accounts established under
this division to the participating political subdivisions on the
basis of their relative exposure and loss experience.
(6) An individual self-insurance program may allocate the
costs of funding
the
program among the funds or accounts
established under this division to the political
subdivision that
established the program.
(7) Two or more political subdivisions may also authorize
the
establishment and maintenance of a joint health care cost
containment program, including, but not limited to, the employment
of risk managers, health care cost containment specialists, and
consultants, for the purpose of preventing and reducing health
care costs covered by insurance, individual self-insurance, or
joint
self-insurance programs.
(8) A political subdivision is not liable under a joint
self-insurance program for any amount in excess of amounts
payable
pursuant to the written agreement for the participation
of the
political subdivision in the joint self-insurance program.
Under a
joint self-insurance program agreement, a political
subdivision
may, to the extent permitted under the written
agreement, assume
the risks of any other political subdivision.
A joint
self-insurance program established under this section is
deemed a
separate legal entity for the public purpose of enabling
the
members of the joint self-insurance program to obtain
insurance or
to provide for a formalized, jointly administered
self-insurance
fund for its members. An entity created pursuant
to this section
is exempt from all state and local taxes.
(9) Any political subdivision, other than an agency or
instrumentality, may issue general obligation
bonds, or special
obligation bonds that are not payable from
real or personal
property taxes, and may also issue notes in
anticipation of such
bonds, pursuant to an ordinance or
resolution of its legislative
authority or other governing body
for the purpose of providing
funds to pay expenses associated
with the settlement of claims,
whether by way of a reserve or
otherwise, and to pay the political
subdivision's portion of the
cost of establishing and maintaining
an individual or joint
self-insurance program or to provide for
the reserve in the
special fund authorized by division (C)(2) of
this section.
In its ordinance or resolution authorizing bonds or notes
under this section, a political subdivision may elect to issue
such bonds or notes under the procedures set forth in Chapter
133.
of the Revised Code. In the event of such an election,
notwithstanding Chapter 133. of the Revised Code, the maturity of
the bonds may be for any period authorized in the ordinance or
resolution not exceeding twenty years, which period shall be the
maximum maturity of the bonds for purposes of section 133.22 of
the Revised Code.
Bonds and notes issued under this section shall not be
considered in calculating the net indebtedness of the political
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are
hereby made applicable to bonds or notes authorized under this
section.
(10) A joint self-insurance program is not an insurance
company. Its operation does not constitute doing an insurance
business and is not subject to the insurance laws of this state.
(D) A political subdivision may procure group life insurance
for its employees in conjunction with an individual or joint
self-insurance program authorized by this section, provided that
the policy of group life insurance is not self-insured.
(E) Divisions (C)(1), (2), and (4) of this section do not
apply to individual self-insurance programs in municipal
corporations, townships, or counties.
(F) A public official or employee of a political subdivision
who is or becomes a member of the governing body of the program
administrator of a joint self-insurance program in which the
political subdivision participates is not in violation of division
(D) or (E) of section 102.03, division (C) of section 102.04, or
section 2921.42 of the Revised Code as a result of either of the
following:
(1) The political subdivision's entering under this section
into the written agreement to participate in the joint
self-insurance program;
(2) The political subdivision's entering under this section
into any other contract with the joint self-insurance program.
Sec. 9.90. (A) The governing board of any public
institution
of higher education, including without limitation
state
universities and colleges, community college districts,
university
branch districts, technical college districts, and
municipal
universities, may, in addition to all other powers provided in the
Revised Code:
(1) Contract for, purchase, or otherwise procure from an
insurer or insurers licensed to do business by the state of Ohio
for or on behalf of such of its employees as it may determine,
life insurance, or sickness, accident, annuity, endowment,
health,
medical, hospital, dental, or surgical coverage and
benefits, or
any combination thereof, by means of insurance plans
or other
types of coverage, family, group or otherwise, and may
pay from
funds under its control and available for such purpose
all or any
portion of the cost, premium, or charge
for such insurance,
coverage, or benefits. However, the governing
board, in addition
to or as an alternative to the authority otherwise
granted by
division (A)(1) of this section, may elect to procure
coverage for
health care services, for or on behalf of such of its employees
as
it may determine, by means of policies,
contracts, certificates,
or agreements issued by at least two
health insuring corporations
holding a certificate of authority
under Chapter 1751. of the
Revised Code and may
pay from funds
under the governing board's
control and available for such purpose all or
any portion of the
cost of such coverage.
(2) Make payments to a custodial account for investment in
regulated investment company stock for the purpose of providing
retirement benefits as described in section 403(b)(7) of the
Internal Revenue Code of 1954, as amended. Such stock shall be
purchased only from persons authorized to sell such stock in this
state.
Any income of an employee deferred under divisions (A)(1)
and
(2) of this section in a deferred compensation program
eligible
for favorable tax treatment under the Internal Revenue
Code of
1954, as amended, shall continue to be included as
regular
compensation for the purpose of computing the
contributions to and
benefits from the retirement system of such
employee. Any sum so
deferred shall not be included in the
computation of any federal
and state income taxes withheld on
behalf of any such employee.
(B) All or any portion of the cost, premium, or charge
therefor may be paid in such other manner or combination of
manners as the governing board may determine,
including direct
payment by the employee in cases under division
(A)(1) of this
section, and, if authorized in writing by the
employee in cases
under division (A)(1) or (2) of this section,
by such governing
board with moneys made
available by deduction from or reduction in
salary or wages or by
the foregoing of a salary or wage increase.
Nothing in
section 3917.01 or section 3917.06 of the
Revised Code
shall prohibit the issuance or purchase of group
life insurance
authorized by this section by reason of payment of
premiums
therefor by the governing board from
its funds, and such group
life insurance may be so issued and
purchased if otherwise
consistent with the provisions of sections
3917.01 to 3917.07 of
the Revised Code.
(C) The board of education of any school district may
exercise any of the powers granted to the governing boards of
public institutions of higher education under divisions (A) and
(B) of this section, except in relation to the provision of health
care benefits to employees. All health care benefits provided to
persons employed by the public schools of this state shall be
medical health care plans designed that contain best practices
established by the school employees health care board pursuant to
section 9.901 of the Revised Code.
Sec. 9.901. (A)(1) All health care benefits provided to
persons employed by the public schools school districts of this
state shall be provided by medical health care plans designed that
contain best practices established pursuant to this section by the
school employees health care board. The board, in consultation
with the superintendent of insurance, shall negotiate with and, in
accordance with the competitive selection procedures of Chapter
125. of the Revised Code, contract with one or more insurance
companies authorized to do business in this state for the issuance
of the plans. Twelve months after the release of best practices by
the board all policies or contracts for health care benefits
provided to public school district employees that are issued or
renewed after the expiration of any applicable collective
bargaining agreement must contain best practices established
pursuant to this section by the board. Any or all of the medical
health care plans designed that contain best practices specified
by the board may be self-insured. All self-insured plans adopted
shall be administered by the board in accordance with this
section. As used in this section, a "public school district" means
a school in a city, local, exempted village, or joint vocational
school district, and includes the educational service centers
associated with those schools districts but not charter schools.
(2) Prior to soliciting proposals from insurance companies
for the issuance of medical plans, the board shall determine what
geographic regions exist in the state based on the availability of
providers, networks, costs, and other factors relating to
providing health care benefits. The board shall then determine
what medical plans are offered by school districts and existing
consortiums in the state. The board shall determine what medical
plan offered by a school district or existing consortium in the
region offers the lowest premium cost plan.
(3) The board shall develop a request for proposals and
solicit bids for medical plans for the school districts in a
region similar to the existing plans. The board shall also
determine the benefits offered by existing medical plans, the
employees' costs, and the cost-sharing arrangements used by public
schools participating in a consortium. The board shall determine
what strategies are used by the existing medical plans to manage
health care costs and shall study the potential benefits of state
or regional consortiums of public schools offering multiple health
care plans.
(4) As used in this section, a:
(a) A "medical health care plan" includes group policies,
contracts, and agreements that provide hospital, surgical, or
medical expense coverage, including self-insured plans. A "medical
health care plan" does not include an individual plan offered to
the employees of a public school district, or a plan that provides
coverage only for dental services, vision services, specific
disease or accidents, or a hospital indemnity, medicare
supplement, or other plan including a group voluntary plan that
provides only supplemental benefits, paid for by the employees of
a public school district.
(b) A "health plan sponsor" means a public school district, a
consortium of public school districts, or a council of
governments.
(B) The school employees health care board is hereby created.
The school employees health care board shall consist of the
following nine twelve members and shall include individuals with
experience with public school district benefit programs, health
care industry providers, and medical health care plan
beneficiaries:
(1) Three Four members appointed by the governor, one of whom
shall be representative of nonadministrative public school
district employees;
(2) Three Four members appointed by the president of the
senate, one of whom shall be representative of nonadministrative
public school district employees;
(3) Three Four members appointed by the speaker of the house
of representatives, one of whom shall be representative of
nonadministrative public school district employees.
A member of the school employees health care board shall not
be employed by, represent, or in any way be affiliated with a
private entity that is providing services to the board, an
individual school district, employers, or employees in the state
of Ohio.
(C)(1) Members of the school employees health care board
shall serve four-year terms; however, one of each of the initial
members appointed under divisions (B)(1) to (3) of this section
shall be appointed to a term of one year. The initial appointments
under this section shall be made within forty-five days after
September 29, 2005, but may be reappointed, except as otherwise
specified in division (B) of this section.
Members' terms shall end on the twenty-ninth day of
September, but a A member shall continue to serve subsequent to
the expiration of the member's term until a successor is
appointed. Any vacancy occurring during a member's term shall be
filled in the same manner as the original appointment, except that
the person appointed to fill the vacancy shall be appointed to the
remainder of the unexpired term.
(2) Members shall serve without receive compensation but
fixed pursuant to division (J) of section 124.15 of the Revised
Code and shall be reimbursed from the school employees health care
fund for actual and necessary expenses incurred in the performance
of their official duties as members of the board.
(3) Members may be removed by their appointing authority for
misfeasance, malfeasance, incompetence, dereliction of duty, or
other just cause.
(D)(1) The governor shall call the first meeting of the
school employees health care board. At that meeting, and annually
thereafter At the first meeting of the board after the first day
of January of each calendar year, the board shall elect a
chairperson and may elect members to other positions on the board
as the board considers necessary or appropriate. The board shall
meet at least four nine times each calendar year and shall also
meet at the call of the chairperson or three four or more board
members. The chairperson shall provide reasonable advance notice
of the time and place of board meetings to all members.
(2) A majority of the board constitutes a quorum for the
transaction of business at a board meeting. A majority vote of the
members present is necessary for official action.
(E) The school employees health care board shall conduct its
business at open meetings; however, the records of the board are
not public records for purposes of section 149.43 of the Revised
Code.
(F) The school employees health care fund is hereby created
in the state treasury. The public schools shall pay all school
employees health care board plan premiums in the manner prescribed
by the school employees health care board to the board for deposit
into the school employees health care fund. All The board shall
use all funds in the school employees health care fund shall be
used solely for the provision of health care benefits to public
schools employees pursuant to this section to carry out the
provisions of this section and related administrative costs.
Premiums received by the board or insurance companies contracted
pursuant to division (A) of this section are not subject to any
state insurance premium tax.
(G) The school employees health care board shall do all of
the following:
(1) Design multiple medical plans, including regional plans,
to provide, in the board's judgment, the optimal combination of
coverage, cost, choice, and stability of health cost benefits. The
board may establish more than one tier of premium rates for any
medical plan. The board shall establish regions as necessary for
the implementation of the board's medical plans. Plans and premium
rates may vary across the regions established by the board.
(2) Set an aggregate goal for employee and employer portions
of premiums for the board's medical plans so as to manage plan
participation and encourage the use of value-based plan
participation by employees;
(3) Set employer and employee plan copayments, deductibles,
exclusions, limitations, formularies, premium shares, and other
responsibilities;
(4) Include disease management and consumer education
programs, to the extent that the board determines is appropriate,
in all medical plans designed by the board, which programs shall
include, but are not limited to, wellness programs and other
measures designed to encourage the wise use of medical plan
coverage. These programs are not services or treatments for
purposes of section 3901.71 of the Revised Code.
(5) Create and distribute to the governor, the speaker of the
house of representatives, and the president of the senate, an
annual report covering the plan background; plan coverage options;
plan administration, including procedures for monitoring and
managing objectives, scope, and methodology; plan operations;
employee and employer contribution rates and the relationship
between the rates and the school employees health care fund
balance; a means to develop and maintain identity and evaluate
alternative employee and employer cost-sharing strategies; an
evaluation of the effectiveness of cost-saving services and
programs; an evaluation of efforts to control and manage member
eligibility and to insure that proper employee and employer
contributions are remitted to the trust fund; efforts to prevent
and detect fraud; and efforts to manage and monitor board
contracts; Adopt and release a set of standards that shall be
considered the best practices to which public school districts
shall adhere in the selection and implementation of health care
plans. The standards developed by the board shall not duplicate or
conflict with existing requirements with which health insuring
corporations and sickness and accident insurers must comply
pursuant to Chapters 1751. and 3923. of the Revised Code.
(2) Require that the plans the health plan sponsors
administer make readily available to the public all cost and
design elements of the plan;
(3) Work with health plan sponsors through educational
outlets and consultation;
(4) Maintain a commitment to transparency and public access
of its meetings and activity pursuant to division (E) of this
section;
(5) Promote cooperation among all organizations affected by
this section in identifying the elements for the successful
implementation of this section;
(6) Utilize Promote cost containment measures aligned with
patient, plan, and provider management strategies in developing
and managing medical health care plans;
(7) Prepare and disseminate to the public an annual report on
the status of health plan sponsors' effectiveness in making
progress to reduce the rate of increase in insurance premiums and
employee out of pocket expenses, as well as progress in improving
the health status of school district employees and their families.
(H) The sections in Chapter 3923. of the Revised Code
regulating public employee benefit plans are not applicable to the
medical health care plans designed pursuant to this section.
(I)(1) Public schools are not subject to this section prior
to the release of medical plans designed pursuant to this section.
(2) Prior to the school employees health care board's release
of the board's initial medical plans, the The board shall may
contract with an one or more independent consultant consultants to
analyze costs related to employee health care benefits provided by
existing public school district plans in this state. The
consultant shall determine consultants may evaluate the benefits
offered by existing medical health care plans, the employees'
costs, and the cost-sharing arrangements used by public schools
school districts either participating in a consortium or by other
means. The consultant shall determine consultants may evaluate
what strategies are used by the existing medical health care plans
to manage health care costs and shall study the potential benefits
of state or regional consortiums of public schools offering
multiple health care plans. Based on the findings of the analysis,
the consultant shall consultants may submit written
recommendations to the board for the development and
implementation of a successful program best practices and programs
for pooling improving school districts' purchasing power for the
acquisition of employee medical health care plans. The
consultant's recommendations shall address, at a minimum, all of
the following issues:
(a) The establishment of regions for the provision of medical
plans, based on the availability of providers and plans in the
state at the time that the school employees health care board is
established;
(b) The use of regional preferred provider and closed panel
plans, health savings accounts, and alternative medical plans, to
stabilize both costs and the premiums charged school districts and
district employees;
(c) The development of a system to obtain eligibility data
and data compiled pursuant to the "Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C.
1161, as amended;
(d) The use of the competitive bidding process for regional
medical plans;
(e) The development of a timeline planning for the design and
use of board medical plans by not later than December 31, 2007;
(f) The use of information on claims and costs and of
information reported by districts pursuant to COBRA in analyzing
administrative and premium costs;
(g) The experience of states that have mandated statewide
medical plans for public school employees, including the
implementation strategies used by those states;
(h) Recommended strategies for the use of first-year roll-in
premiums in the transition from district medical plans to school
employees health care board plans;
(i) The option of allowing school districts to join an
existing regional consortium as an alternative to school employees
health care board plans;
(j) Mandatory and optional coverages to be offered by the
board's medical plans;
(k) Potential risks to the state from the use of medical
plans developed pursuant to this section;
(l) Any legislation needed to ensure the long-term financial
solvency and stability of a health care purchasing system;
(m) The potential impacts of any changes to the existing
purchasing structure on all of the following:
(i) Existing health care pooling and consortiums;
(ii) School district employees;
(iii) Individual school districts.
(n) Issues that could arise when school districts transition
from the existing purchasing structure to a new purchasing
structure;
(o) Strategies available to the board in the creation of fund
reserves and the need for stop-loss insurance coverage for
catastrophic losses;
(p) Any legislation needed to establish and maintain medical
plans designed pursuant to this section. The consultant shall
submit all legislative recommendations not later than December 31,
2006, in writing, to the school employees health care board and to
the governor, the speaker of the house of representatives, and the
president of the senate.
(3)(J) The public schools health care advisory committee is
hereby created under the school employees health care board. The
committee shall make recommendations to the school employees
health care board related to the board's accomplishment of the
duties assigned to the board under this section. The committee
shall consist of eighteen members. The governor, the speaker of
the house of representatives, and the president of the senate
shall each appoint a representative shall appoint two
representatives each from the Ohio education
association, the
Ohio school boards association, and a health
insuring corporation
licensed to do business in Ohio and
recommended by the Ohio
association of Health Plans. The speaker
shall appoint two
representatives each from the Ohio
association of school business
officials, the Ohio federation of
teachers, and the buckeye
association of school administrators.
The president of the senate
shall appoint two representatives each
from the Ohio association
of
health underwriters, an existing health care consortium
serving
public schools, and a health insuring corporation
licensed to do business in Ohio and recommended by the Ohio
association of health plans and the Ohio association of public
school employees. The initial appointees shall be
appointed to a
one-year term not later than July 31, 2007, the
members' term to
begin on that date. Subsequent one-year serve until December 31,
2007; subsequent two-year appointments, to commence
on the
thirty-first day of July first day of January of each year
thereafter, and shall be made in the same manner. A member shall
continue to serve subsequent to the expiration of the member's
term until the member's successor is appointed. Any vacancy
occurring during a member's term shall be filled in the same
manner as the original appointment, except that the person
appointed to fill the vacancy shall be appointed to the remainder
of the unexpired term. The governor shall call the first meeting
of each newly appointed committee. At that meeting the board
advisory committee shall
elect a chairperson at its first meeting
after the first day of January each year who shall call the time
and place of future
committee meetings in addition to the
meetings that are to be held jointly with the school employees
health care board. Committee members are not subject to the
conditions for eligibility set by division (B) of this section for
members of the school employees health care board.
(4) The school employees health care board shall submit a
written study to the governor and the general assembly not later
than January 31, 2007, of a plan to operate in compliance with
this section, and on the governance of the school employees health
care board. A copy of the board's plan of operation, including
audit provisions, shall accompany the report on the board's
governance and the report shall include the board's
recommendations on any legislation needed to enforce the
recommendations of the board on implementing the provisions of
this section.
(5) Not later than January 15, 2009, and not later than the
same day of each subsequent year, the school employees health care
board shall submit a written report to the governor and each
member of the general assembly, which report evaluates the
performance of school employees health care board medical plans
during the previous year. Districts offering employee health care
benefits through a plan offered by a consortium of two or more
districts, or a consortium of one or more districts and one or
more political subdivisions as defined in section 9.833 of the
Revised Code, representing five thousand or more employees as of
January 1, 2005, may request permission from the school employees
health care board to continue offering consortium plans to the
districts' employees at the discretion of the board. If the board
grants permission, the permission is valid for only one year but
may be renewed annually thereafter upon application to an approval
of the board. The board shall grant initial or continued approval
upon finding, based on an actuarial evaluation of the existing
consortium plan offerings, that benefit design, premium costs,
administrative cost, and other factors considered by the board are
equivalent to or lower than comparable costs of the board's plan
options offered to the local district. Age and gender adjustments,
benefit comparison adjustments, and the total cost of the
consortium plan, including administration, benefit cost, stop-loss
insurance, and all other expenses or information requested by the
board shall be presented to the board prior to the board's
decision to allow a local district to continue to offer health
care benefits under a consortium plan. A district shall not
participate in the consortium plan once the district has chosen to
offer plans designed by the board to the district's employees and
begins premium payments for deposit into the school employees
health care fund.
(6)(K) The board may adopt rules for the enforcement of
health plan sponsors' compliance with the best practices standards
adopted by the board pursuant to this section.
(L) Any districts providing medical health care plan coverage
for the employees of public schools, or that have provided
coverage within two years prior to September 29, 2005, school
districts shall provide nonidentifiable aggregate claims data for
the coverage to the school employees health care board or the
department of administrative services, without charge, within
thirty sixty days after receiving a written request from the board
or the department. The claims data shall include data relating to
employee group benefit sets, demographics, and claims experience.
(J)(M)(1) The school employees health care board may contract
with other state agencies for services as the board deems
necessary for the implementation and operation of this section,
based on demonstrated experience and expertise in administration,
management, data handling, actuarial studies, quality assurance,
or for other needed services. The school employees health care
board shall may contract with the department of administrative
services for central services until such time the board is deems
itself able to obtain such services from its own staff or from
other sources. The board shall reimburse the department of
administrative services for the reasonable cost of those services.
(K) The board's administrative functions shall include, but
are not limited to, the following:
(1) Maintaining reserves in the school employees health care
fund, reinsurance, and other measures that in the judgment of the
board will result in the long-term stability and solvency of the
medical plans designed by the board. The board shall bill school
districts, in proportion to a district's premium payments to all
premium payments paid into the school employees health care fund
during the previous year, in order to maintain necessary reserves,
reinsurance, and administrative and operating funds. Each school
district contributing to a board medical plan shall share any
losses due to the expense of claims paid by the plan. In the event
of a loss, the board may bill each district an amount, in
proportion to the district's premium payments to all premium
payments paid into the school employees health care fund during
the previous year, sufficient in total to cover the loss. The
state is not liable for any obligations of the school employees
health care board or the school employees health care fund, or for
expenses of public schools or school districts related to the
board's medical plans.
(2) Providing health care information, wellness programs, and
other preventive health care measures to medical plan
beneficiaries, to the extent that the board determines to be
appropriate;
(3) Coordinating contracts for services related to the
board's medical plans. Contracts shall be approved by the school
employees health care board.
(L)(2) The board shall hire staff as necessary to provide
administrative support to the board and the public school employee
health care plan program established by this section.
(N) Not less more than ninety days before coverage begins for
public school district employees under medical health care plans
designed by containing best practices prescribed by the school
employees health care board, a public school district's board of
education shall provide detailed information about the medical
health care plans to the employees.
(M)(O) Nothing in this section shall be construed as
prohibiting public schools or school districts from consulting
with and compensating insurance agents and brokers for
professional services.
(N) The department of administrative services shall report to
the governor, the speaker of the house of representatives, and the
president of the senate not later than April 30, 2007, on the
feasibility of achieving all of the following:
(1) Designing multiple medical plans to cover persons
employed by public institutions of higher education that achieve
an optimal combination of coverage, cost, choice, and stability,
which plans include both state and regional preferred provider
plans, set employee and employer premiums, and set employee plan
copayments, deductibles, exclusions, limitations, formularies, and
other responsibilities. For this purpose, "public institutions of
higher education" include, without limitation, state universities
and colleges, state community college districts, community college
districts, university branch districts, technical college
districts, and municipal universities.
(2) Maintaining reserves, reinsurance, and other measures to
insure the long-term stability and solvency of the medical plans;
(3) Providing appropriate health care information, wellness
programs, and other preventive health care measures to medical
plan beneficiaries;
(4) Coordinating contracts for services related to the
medical plans.
(P)(1) Pursuant to Chapter 117. of the Revised Code, the
auditor of state shall conduct all necessary and required audits
of the board. The auditor of state, upon request, also shall
furnish to the board copies of audits of public school districts
or consortia performed by the auditor of state.
(2) Annually,
the superintendent of insurance shall evaluate
the performance of the school employee health care board best
practices during the previous year and submit the results in
writing to the governor and the general assembly. The
superintendent also shall include in the audit of the health care
plans of the health plan sponsors for which the superintendent has
jurisdiction for a determination of adherence to the best
practices established by the board.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district
board of education may make a
request to the joint
vocational
district board that the joint
vocational school
district plan be
revised to provide for one or
more members of
boards of education
of local school districts
that are within the
territory of the
educational
service district and within the joint
vocational
school district to serve in the place of or in
addition
to its
educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and
governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the
joint vocational school district plan to conform with the
revised
plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school
district board of education shall have the same powers,
duties,
and authority for the management and operation of such
joint
vocational school district as is granted by law, except by
this
chapter and Chapters 124., 3317., 3323., and 3331. of the
Revised
Code, to a board of education of a city school district,
and shall
be subject to all the provisions of law that apply to a
city
school district, except such provisions in this chapter and
Chapters 124., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an
educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district.
(F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
one hundred
twenty-five
dollars
per member for each meeting attended plus
mileage, at the
rate per mile
provided by resolution of the board,
to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under section
3313.202 of the Revised
Code.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3313.12. Each member of the educational service center
governing board
may be paid such compensation as the governing
board provides by
resolution, provided that any such compensation
shall not exceed
one hundred twenty-five dollars a day plus
mileage both ways, at the rate per mile
provided by resolution of
the governing board,
for attendance
at any
meeting of the board.
Such
compensation and the expenses of the
educational
service
center
superintendent, itemized and
verified, shall be
paid from
the
educational service center governing board fund upon
vouchers
signed by
the
president of the governing board.
The board of education of any city, local, or exempted
village school district
may provide by resolution for compensation
of its
members, provided that such compensation shall not exceed
one hundred twenty-five
dollars per member for meetings
attended.
The board may provide by resolution for the deduction of
amounts
payable for benefits under section
3313.202 of the
Revised Code.
Each member of a district board or educational service center
governing board may be paid such compensation as the respective
board provides by resolution for attendance at an approved
training
program, provided that such compensation shall not exceed
sixty
dollars a day for attendance at a training program three
hours or
fewer in length and one hundred twenty-five dollars a day
for
attendance at a training program longer than three hours in
length.
Sec. 3313.202. Any elected or appointed member of the board
of
education of a school district and the dependent children and
spouse of the member may
be covered, at the option of the member,
under any medical health care plan designed containing best
practices prescribed by the school employees health care board
under
section 9.901 of the Revised Code. The member shall pay all
premiums for that coverage. Payments for such coverage shall be
made, in advance,
in a manner prescribed by the school employees
health care board. The member's exercise of an
option to be
covered under this section shall be in writing,
announced at a
regular public meeting of the board of education, and recorded
as
a public record in the minutes of the board.
Sec. 3313.33. (A) Conveyances made by a board of education
shall be executed by the president and treasurer thereof.
(B) Except as provided in division (C) of this section, no
member of the board shall have, directly or indirectly, any
pecuniary interest in any contract of the board or be employed in
any manner for compensation by the board of which the person
is a
member. No contract shall be binding upon any board unless it is
made or
authorized at a regular or special meeting of such board.
(C) A member of the board may have a pecuniary interest in a
contract of the board if all of the following apply:
(1) The member's pecuniary interest in that contract is that
the member is employed by a political subdivision,
instrumentality, or agency of the state that is contracting with
the board;
(2) The member does not participate in any discussion or
debate regarding the contract or vote on the contract;
(3) The member files with the school district treasurer an
affidavit stating the member's exact employment status with the
political subdivision, instrumentality, or agency contracting with
the board.
(D) This section does not apply where a member of the board,
being a shareholder of a corporation but not being an officer or
director thereof, owns not in excess of five per cent of the
stock
of such corporation. If a stockholder desires to avail
self of the
exception, before entering upon such
contract such person shall
first file with the treasurer an affidavit stating
the
stockholder's exact status and connection with said
corporation.
This section does not apply where a member of the board
elects to be covered by a medical health care plan
under section
3313.202 of the Revised Code.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing;
(2) Engage in other concerted activities for the purpose
of
collective bargaining or other mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective
bargaining
rights.
(C) Except as provided in division (D) of this section,
nothing in Chapter 4117. of the Revised Code prohibits
public
employers from electing to engage in collective
bargaining, to
meet and confer, to hold discussions, or to engage in any other
form of
collective negotiations with public employees who are not
subject
to Chapter 4117. of the Revised Code pursuant to division
(C) of
section 4117.01 of the Revised Code.
(D) A public employer shall not engage in collective
bargaining or other forms of collective negotiations with the
employees of county boards of elections referred to in division
(C)(12) of section 4117.01 of the Revised Code.
(E)(1) Employees of public school schools may bargain
collectively for health care benefits; however, all health care
benefits shall be provided through include best practices
prescribed by the school employees health care board medical
plans, in accordance with section 9.901 of the Revised Code. If a
school district provides its employees with health care benefits
pursuant to collective bargaining, the employees shall be
permitted to choose a plan option from among the school employees
health care board plans agreed to during collective bargaining.
(2) During collective bargaining, employees of public schools
may agree to pay a higher percentage of the premium for health
benefit coverage under the plans designed by the school employees
health care board pursuant to section 9.901 of the Revised Code
than the percentage designated as the employees' contribution
level by the board. A collective bargaining agreement, however,
shall not permit the employees to contribute a lesser percentage
of the premium than that set as the employees' contribution level
by the school employees health care board, unless, in so doing,
the participating school board is able to remain in compliance
with the aggregate goal set pursuant to division (G)(3) of section
9.901 of the Revised Code.
Sec. 4117.08. (A) All matters pertaining to wages, hours,
or
terms and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement are subject to collective
bargaining between
the public employer and the exclusive
representative, except as
otherwise specified in this section and division (E) of section
4117.03 of the Revised Code.
(B) The conduct and grading of civil service examinations,
the rating of candidates, the establishment of eligible lists
from
the examinations, and the original appointments from the
eligible
lists are not appropriate subjects for collective
bargaining.
(C) Unless a public employer agrees otherwise in a
collective
bargaining agreement, nothing in Chapter 4117. of the
Revised Code
impairs the right and responsibility of each public
employer to:
(1) Determine matters of inherent managerial policy which
include, but are not limited to areas of discretion or policy
such
as the functions and programs of the public employer,
standards of
services, its overall budget, utilization of
technology, and
organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness
of
governmental operations;
(4) Determine the overall methods, process, means, or
personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just
cause,
or lay off, transfer, assign, schedule, promote, or retain
employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a
unit
of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public
employer as a governmental unit.
The employer is not required to bargain on subjects
reserved
to the management and direction of the governmental unit
except as
affect wages, hours, terms and conditions of
employment, and the
continuation, modification, or deletion of an
existing provision
of a collective bargaining agreement. A
public employee or
exclusive representative may raise a
legitimate complaint or file
a grievance based on the collective
bargaining agreement.
Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the
126th General Assembly is hereby repealed.
Section 130.04. Existing sections 9.833, 9.90, 9.901,
3313.202, 3313.33, and 4117.03 of the Revised Code are hereby
repealed.
Section 130.05. The Governor, the President of the Senate,
and the Speaker of the House of Representatives each shall appoint
one additional member to the School Employees Health Care Board
created pursuant to section 9.901 of the Revised Code. The initial
terms
of these additional members as well as the terms of the
three current
members whose terms are scheduled to end in
September 2007, shall be extended and shall end on December 31,
2008. The initial terms of the remaining six current members shall
be extended and end on December 31, 2010. Thereafter, terms of
office shall be as specified in section 9.901 of the Revised Code
as it results from its amendment by this act.
Section 201.01. Except as otherwise provided in this act,
all appropriation items in this act are appropriated out of any
moneys in the state treasury to the credit of the designated fund
that are not otherwise appropriated. For all appropriations made
in this act, the amounts in the first column are for fiscal year
2008 and the amounts in the second column are for fiscal year
2009.
Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
4J8 |
889-601 |
|
CPA Education Assistance |
|
$ |
325,000 |
|
$ |
325,000 |
4K9 |
889-609 |
|
Operating Expenses |
|
$ |
1,092,246 |
|
$ |
1,117,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,417,246 |
|
$ |
1,442,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,417,246 |
|
$ |
1,442,000 |
Section 205.10. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
15,188 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
2,246,005 |
|
$ |
2,284,198 |
GRF |
745-407 |
|
National Guard Benefits |
|
$ |
1,400,000 |
|
$ |
1,400,000 |
GRF |
745-409 |
|
Central Administration |
|
$ |
4,295,778 |
|
$ |
4,460,069 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
5,064,836 |
|
$ |
5,169,368 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
102,973 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
13,124,780 |
|
$ |
13,431,796 |
General Services Fund Group
534 |
745-612 |
|
Property Operations/Management |
|
$ |
534,304 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,202,970 |
|
$ |
1,202,970 |
537 |
745-604 |
|
Ohio National Guard Facility Maintenance |
|
$ |
269,826 |
|
$ |
269,826 |
TOTAL GSF General Services Fund Group |
|
$ |
2,007,100 |
|
$ |
2,007,100 |
Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Agreement |
|
$ |
14,100,000 |
|
$ |
14,906,820 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,497,480 |
|
$ |
2,729,939 |
342 |
745-616 |
|
Army National Guard Agreement |
|
$ |
10,146,178 |
|
$ |
10,590,050 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
26,768,658 |
|
$ |
28,251,809 |
State Special Revenue Fund Group
5U8 |
745-613 |
|
Community Match Armories |
|
$ |
220,000 |
|
$ |
220,000 |
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
128,600 |
|
$ |
128,600 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
348,600 |
|
$ |
348,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
42,249,138 |
|
$ |
44,039,305 |
The foregoing appropriation item 745-407, National Guard
Benefits, shall be used for purposes of sections 5919.31 and
5919.33 of the Revised Code, and for administrative costs of the
associated programs.
For active duty members of the Ohio National Guard who died
after October 7, 2001, while performing active duty, the death
benefit, pursuant to section 5919.33 of the Revised Code, shall be
paid to the beneficiary or beneficiaries designated on the
member's Servicemembers' Group Life Insurance Policy.
Of the foregoing appropriation item 745-409, Central
Administration, $50,000 in each fiscal year shall be used for the
purpose of paying expenses related to state active duty of members
of the Ohio organized militia, in accordance with a proclamation
of the Governor. Expenses include, but are not limited to, the
cost of equipment, supplies, and services, as determined by the
Adjutant General's Department.
Of the foregoing appropriation item 745-409, Central
Administration, up to $60,000 in each fiscal year of unspent and
unencumbered funds remaining after meeting all other obligations
of this appropriation shall be used for a grant to the American
Red Cross Greater Columbus Chapter to be distributed equally to
the Ohio chapters in existence on the effective date of this
section. The funds from this grant shall be used for the Armed
Forces Emergency Services program of the American Red Cross in
Ohio to support members of the military and their families. Upon
distribution of the funds, the American Red Cross Greater Columbus
Chapter shall report to the Adjutant General on the actual
distribution to the various chapters and any administrative costs
associated with the distribution.
Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-403 |
|
Public School Employee Benefits |
|
$ |
1,425,000 |
|
$ |
1,425,000 |
GRF |
100-404 |
|
CRP Procurement Program |
|
$ |
255,000 |
|
$ |
255,000 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
875,000 |
|
$ |
875,000 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
46,170 |
|
$ |
46,171 |
GRF |
100-415 |
|
OAKS Rental Payments |
|
$ |
14,162,000 |
|
$ |
14,165,000 |
GRF |
100-418 |
|
Web Sites and Business Gateway |
|
$ |
3,270,473 |
|
$ |
3,270,083 |
GRF |
100-419 |
|
IT Security Infrastructure |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
375,000 |
|
$ |
375,000 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
5,092,502 |
|
$ |
5,007,502 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
750,236 |
|
$ |
750,236 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
112,294,800 |
|
$ |
106,476,400 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
26,457,000 |
|
$ |
27,303,000 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
3,769,510 |
|
$ |
3,834,871 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
52,927 |
|
$ |
52,927 |
GRF |
100-734 |
|
Major Maintenance - State Bldgs |
|
$ |
42,000 |
|
$ |
42,000 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,167,099 |
|
$ |
1,167,099 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
5,495,163 |
|
$ |
5,855,163 |
TOTAL GRF General Revenue Fund |
|
$ |
177,429,880 |
|
$ |
172,800,452 |
General Services Fund Group
112 |
100-616 |
|
DAS Administration |
|
$ |
5,299,427 |
|
$ |
5,299,427 |
115 |
100-632 |
|
Central Service Agency |
|
$ |
860,878 |
|
$ |
928,403 |
117 |
100-644 |
|
General Services Division - Operating |
|
$ |
8,295,772 |
|
$ |
8,540,772 |
122 |
100-637 |
|
Fleet Management |
|
$ |
2,182,968 |
|
$ |
2,032,968 |
125 |
100-622 |
|
Human Resources Division - Operating |
|
$ |
19,890,614 |
|
$ |
20,560,614 |
128 |
100-620 |
|
Collective Bargaining |
|
$ |
3,464,533 |
|
$ |
3,662,534 |
130 |
100-606 |
|
Risk Management Reserve |
|
$ |
2,568,548 |
|
$ |
2,568,548 |
131 |
100-639 |
|
State Architect's Office |
|
$ |
7,348,483 |
|
$ |
7,544,164 |
132 |
100-631 |
|
DAS Building Management |
|
$ |
9,716,228 |
|
$ |
10,166,228 |
133 |
100-607 |
|
IT Services Delivery |
|
$ |
92,539,887 |
|
$ |
75,847,949 |
188 |
100-649 |
|
Equal Opportunity Division - Operating |
|
$ |
847,409 |
|
$ |
884,650 |
201 |
100-653 |
|
General Services Resale Merchandise |
|
$ |
1,553,000 |
|
$ |
1,553,000 |
210 |
100-612 |
|
State Printing |
|
$ |
5,681,421 |
|
$ |
5,436,421 |
229 |
100-630 |
|
IT Governance |
|
$ |
17,108,546 |
|
$ |
17,108,546 |
4N6 |
100-617 |
|
Major IT Purchases |
|
$ |
7,495,719 |
|
$ |
7,495,719 |
4P3 |
100-603 |
|
DAS Information Services |
|
$ |
4,793,190 |
|
$ |
4,958,218 |
427 |
100-602 |
|
Investment Recovery |
|
$ |
5,683,564 |
|
$ |
5,683,564 |
5C2 |
100-605 |
|
MARCS Administration |
|
$ |
11,069,291 |
|
$ |
11,069,291 |
5C3 |
100-608 |
|
Skilled Trades |
|
$ |
934,982 |
|
$ |
934,982 |
5D7 |
100-621 |
|
Workforce Development |
|
$ |
70,000 |
|
$ |
0 |
5EB |
100-635 |
|
OAKS Support Organization |
|
$ |
19,132,671 |
|
$ |
19,132,671 |
5L7 |
100-610 |
|
Professional Development |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
5V6 |
100-619 |
|
Employee Educational Development |
|
$ |
936,129 |
|
$ |
936,129 |
5X3 |
100-634 |
|
Centralized Gateway Enhancement |
|
$ |
974,023 |
|
$ |
974,023 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
232,347,283 |
|
$ |
217,218,821 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
409,777,163 |
|
$ |
390,019,273 |
Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS
The foregoing appropriation item 100-403, Public School
Employee Benefits, shall be used by the School Employees Health
Care Board to hire staff to provide administrative support to the
Board and other lawful uses of said fund as prescribed under
section 9.901 of the Revised Code. This section succeeds Section
203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly.
Section 207.10.20. AGENCY AUDIT EXPENSES
The foregoing appropriation item 100-405, Agency Audit
Expenses, shall be used for
auditing expenses
designated in
division (A)(1) of section 117.13
of the Revised
Code for those
state agencies audited on a
biennial basis.
Section 207.10.30. OAKS RENTAL PAYMENTS
The foregoing appropriation item 100-415, OAKS Rental
Payments, shall be used for payments for the period from July 1,
2007, through June 30, 2009, pursuant to leases and agreements
entered into under Chapter 125. of the Revised Code, as
supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th
General Assembly with respect to financing the costs associated
with the acquisition, development, installation, and
implementation of the Ohio Administrative Knowledge System. If it
is determined that additional appropriations are necessary for
this purpose, the amounts are hereby appropriated.
Section 207.10.40. BUILDING RENT PAYMENTS
The foregoing appropriation item 100-447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code. These appropriations are the source of
funds pledged for bond service charges on obligations issued
pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100-448, OBA -
Building
Operating Payments, shall be used to meet all payments at
the
times that they are required to be made during the period from
July 1, 2007, to June 30, 2009, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $53,760,000.
The payments to the Ohio Building Authority are for the
purpose of paying the expenses of agencies that occupy space in
the various state facilities. The Department of Administrative
Services may enter into leases and agreements with the Ohio
Building Authority providing for the payment of these expenses.
The Ohio Building Authority shall report to the Department of
Administrative Services and the Office of Budget and Management
not later than five months after the start of a fiscal year the
actual expenses incurred by the Ohio Building Authority in
operating the facilities and any balances remaining from payments
and rentals received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100-449, DAS - Building
Operating Payments,
shall be used to pay the rent expenses of
veterans organizations pursuant to
section 123.024 of the Revised
Code in fiscal years 2008 and
2009.
The foregoing appropriation item, 100-449, DAS - Building
Operating Payments, may be used to provide funding for the cost of
property appraisals or building studies that the Department of
Administrative Services
may be required to obtain for property
that is being sold by the
state or property under consideration to
be renovated or purchased by the
state.
Notwithstanding section 125.28 of the Revised Code, the
remaining
portion of
the appropriation may be used to pay the
operating expenses of
state
facilities maintained by the
Department of Administrative
Services that are
not billed to
building tenants. These expenses may include, but
are not
limited
to, the costs for vacant space and space undergoing
renovation,
and
the rent expenses of tenants that are relocated due to
building
renovations. These payments shall be processed by the
Department of
Administrative Services
through intrastate transfer
vouchers and placed in
the Building
Management Fund (Fund
132).
Section 207.10.60. CENTRAL SERVICE AGENCY FUND
The Department of Administrative Services shall not allocate
annual costs for maintaining an automated application for the
professional licensing boards and for the costs of supporting
licensing functions in excess of the amounts supported by
licensing and registration fees established for fiscal year 2007.
The charges shall be billed to the professional licensing boards
and deposited via intrastate transfer vouchers to the credit of
the Central Service Agency Fund (Fund 115).
Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND
ASSETS
(A) Effective July 1, 2007, the Vehicle Liability Fund (Fund
127) is abolished and its functions, assets, and liabilities are
transferred to the Risk Management Reserve Fund (Fund 130). The
Risk Management Reserve Fund is thereupon and thereafter successor
to, assumes the obligations of, and otherwise constitutes the
continuation of the Vehicle Liability Fund.
Any business commenced but not completed with regard to the
Vehicle Liability Fund on July 1, 2007, shall be completed with
regard to the Risk Management Reserve Fund, in the same manner,
and with the same effect, as if completed with regard to the
Vehicle Liability Fund. No validation, cure, right, privilege,
remedy, obligation, or liability is lost or impaired by reason of
the transfer and shall be administered with regard to the Risk
Management Reserve Fund. All of the rules, orders, and
determinations associated with the Vehicle Liability Fund continue
in effect as rules, orders, and determinations associated with the
Risk Management Reserve Fund, until modified or rescinded by the
Director of Administrative Services. If necessary to ensure the
integrity of the Administrative Code, the Director of the
Legislative Service Commission shall renumber the rules relating
to the Vehicle Liability Fund to reflect its transfer to the Risk
Management Reserve Fund.
(B) Employees paid from the Vehicle Liability Fund shall be
transferred to the Risk Management Reserve Fund or dismissed.
Employees paid from the Vehicle Liability Fund so dismissed cease
to hold their positions of employment on July 1, 2007.
(C) No judicial or administrative action or proceeding by
which the Vehicle Liability Fund is affected that is pending on
July 1, 2007, is affected by the transfer of functions under
division (A) of this section. The action or proceeding shall be
prosecuted or defended on behalf of the Risk Management Reserve
Fund and the Risk Management Reserve Fund upon application to the
court or agency shall be substituted for the Vehicle Liability
Fund as affected by the action or proceeding.
(D) On and after July 1, 2007, when the Vehicle Liability
Fund is referred to in any statute, rule, contract, grant, or
other document, the reference is hereby deemed to refer to the
Risk Management Reserve Fund.
Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS
On and after July 1, 2007, notwithstanding any provision to
the contrary, the Director of Budget and Management is authorized
to take the actions and effectuate the budget changes made
necessary by administrative reorganization, program transfers, the
creation of new funds, and the consolidation of funds required for
the transfer of the Vehicle Liability Fund Assets to the Risk
Management Reserve Fund. The Director of Budget and Management may
make any transfer of cash balances between funds. At the request
of the Director of Budget and Management, the Director of
Administrative Services shall certify to the Director of Budget
and Management an estimate of the amount of the Vehicle Liability
Fund cash balance to be transferred to the Risk Management Reserve
Fund. The Director of Budget and Management may transfer the
estimated amount when needed to make payments. Not more than
thirty days after certifying the estimated amount, the Director of
Administrative Services shall certify the final amount to the
Director of Budget and Management. The Director of Budget and
Management shall transfer the difference between any amount
previously transferred and the certified final amount. The
Director of Budget and Management may cancel encumbrances and
re-establish encumbrances or parts of encumbrances of the Vehicle
Liability Fund as needed in fiscal year 2008 in the Risk
Management Reserve Fund for the same purposes. The appropriation
authority necessary to re-establish such encumbrances in fiscal
year 2008, as determined by the Director of Budget and Management,
in appropriation item 100-606, Risk Management Reserve, is hereby
appropriated. When re-established encumbrances or parts of
re-established encumbrances of the Vehicle Liability Fund are
canceled, the Director of Budget and Management shall reduce the
appropriation for appropriation item 100-606, Risk Management
Reserve, by the amount of the encumbrances canceled. The amounts
canceled are hereby authorized. Any fiscal year 2007 unencumbered
or unallotted appropriation for appropriation item 100-627,
Vehicle Liability Insurance, may be transferred to appropriation
item 100-606, Risk Management Reserve, to be used for the same
purposes, as determined by the Director of Budget and Management.
The amounts transferred are hereby appropriated.
Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION
EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and placed in the Collective Bargaining Fund (Fund 128).
Section 207.20.10. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the State EEO Fund (Fund 188). These charges
shall be deposited
to the credit of the State EEO
Fund (Fund 188) upon payment made
by state agencies,
state-supported or state-assisted institutions
of higher
education, and tax-supported agencies, municipal
corporations, and
other political subdivisions of the state, for
services rendered.
Section 207.20.20. MERCHANDISE FOR RESALE
The foregoing appropriation item 100-653, General Services
Resale
Merchandise, shall be used to account for merchandise for
resale,
which is administered by the General Services Division.
Deposits to the fund may comprise the cost of merchandise for
resale and shipping fees.
Section 207.20.30. DAS INFORMATION SERVICES
There is hereby established in the State Treasury the DAS
Information Services Fund. The foregoing appropriation item
100-603, DAS Information Services, shall be used to pay the costs
of providing information systems and services in the Department of
Administrative Services.
The Department of Administrative Services shall establish
user charges for all information systems and services that are
allowable in the statewide indirect cost allocation plan submitted
annually to the United States Department of Health and Human
Services. These charges shall comply with federal regulations and
shall be deposited to the credit of the DAS Information Services
Fund (Fund 4P3).
Section 207.20.40. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund (Fund 427) may
be used to
support the operating expenses of the Federal Surplus
Operating
Program created in sections 125.84 to 125.90 of the
Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the Asset Management Services
Program, including, but not limited to, the cost of establishing
and maintaining procedures for inventory records for state
property as described in section 125.16 of the Revised Code.
Of the foregoing appropriation item 100-602, Investment
Recovery, up to $2,271,209 in fiscal year 2008 and up to
$2,353,372 in fiscal year 2009 shall be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the Asset Management Services
Program under Chapter 125. of
the Revised Code and this section.
If additional appropriations
are necessary for the operations of
these programs, the Director
of Administrative Services shall seek
increased appropriations
from the Controlling Board under section
131.35 of the Revised
Code.
Of the foregoing appropriation item 100-602, Investment
Recovery,
$3,412,355 in fiscal year 2008 and
$3,330,192 in
fiscal
year 2009 shall be used to transfer proceeds
from the sale
of
surplus property from the Investment Recovery
Fund to
non-General
Revenue Funds under division (A)(2) of
section
125.14 of the
Revised Code. If it is determined by the
Director
of
Administrative Services that additional appropriations
are
necessary for the transfer of such sale proceeds, the Director
of
Administrative Services may request the Director of Budget
and
Management to increase the amounts. Such amounts are hereby
appropriated.
Notwithstanding division (B) of section 125.14 of the Revised
Code, the Director of Budget and Management, at the request of the
Director of Administrative Services, shall transfer up to $500,000
of the amounts held for transfer to the General Revenue Fund from
the Investment Recovery Fund to the State Architect's Fund (Fund
131) to provide operating cash.
Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM
Effective with the implementation of the Multi-Agency Radio
Communications System, the State Chief Information Officer
shall
collect user fees from participants in the system. The
State Chief
Information Officer, with the advice of the
Multi-Agency Radio
Communications System Steering Committee and
the Director of
Budget and Management, shall determine the amount
of the fees and
the manner by which the fees shall be collected.
Such user charges
shall comply with the applicable cost principles
issued by the
federal Office of Management and Budget. All moneys
from user
charges and fees shall be deposited in the state
treasury to the
credit of the Multi-Agency Radio Communications
System
Administration Fund (Fund 5C2), which is hereby established in the
state treasury. All interest income derived from the investment of
the fund shall accrue to the fund.
Section 207.20.60. WORKFORCE DEVELOPMENT FUND
There is hereby established in the state treasury the
Workforce Development Fund (Fund 5D7). The foregoing
appropriation
item 100-621, Workforce Development, shall be used
to make
payments from the fund. The fund shall be under the
supervision of
the Department of Administrative Services, which
may adopt rules
with regard to administration of the fund. The
fund shall be used
to pay the costs of any remaining obligations
of the Workforce
Development
Program, in accordance with Article
37 of the
contract
between the
State of Ohio and OCSEA/AFSCME,
Local 11,
abolished
effective March 1, 2006. These costs include,
but are
not limited
to, remaining grant obligations, payments for
tuition
reimbursement, contracted services and general overhead,
and any
settlement costs associated with the Statewide Cost
Allocation
Program (SWCAP).
The program shall be administered in
accordance
with the contract.
Revenues shall accrue to the fund
as specified
in the contract.
The fund may be used to pay direct
and indirect
costs of the
program that are attributable to staff,
consultants,
and service
providers. All income derived from the
investment of
the fund
shall accrue to the fund.
If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are
hereby
appropriated.
Section 207.20.70. OAKS SUPPORT ORGANIZATION
The foregoing appropriation item 100-635, OAKS Support
Organization, shall be used by the Office of Information
Technology to support the operating costs associated with the
implementation and maintenance of the state's enterprise resource
planning system, OAKS, consistent with its responsibilities under
this section and Chapters 125. and 126. of the Revised Code. The
OAKS Support Organization shall operate and maintain the human
capital management and financial management modules of the state's
enterprise resource planning system to support statewide human
resources and financial management activities administered by the
Department of Administrative Services' human resources division
and the Office of Budget and Management. The OAKS Support
Organization shall recover the costs to establish, operate, and
maintain the OAKS system through intrastate transfer voucher
billings to the Department of Administrative Services and the
Office of Budget and Management. Effective July 1, 2007, the
Department of Administrative Services, with the approval of the
Director of Budget and Management, shall include the recovery of
the costs of administering the human capital management module of
the OAKS System within the human resources services payroll rate.
These revenues shall be deposited to the credit of the Human
Resources Services Fund (Fund 125). Amounts deposited under this
section are hereby appropriated to appropriation item 100-622,
Human Resources Division-Operating. Not less than quarterly, the
Department of Administrative Services shall process the intrastate
transfer billings to transfer cash from the Human Resources
Services Fund (Fund 125) to the OAKS Support Organization Fund
(Fund 5EB) to pay for the OAKS Support Organization costs.
Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100-610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L7) under section 124.182 of the
Revised
Code.
Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT
There is hereby established in the state treasury the
Employee Educational Development Fund (Fund 5V6). The foregoing
appropriation item 100-619, Employee Educational Development,
shall be used to make payments from the fund. The fund shall be
used to pay the costs of the administration of educational
programs per existing collective bargaining agreements with
District 1199, the Health Care and Social Service Union; State
Council of Professional Educators; Ohio Education Association and
National Education Association; the Fraternal Order of Police Ohio
Labor Council, Unit 2; and the Ohio State Troopers Association,
Units 1 and 15. The fund shall be under the supervision of the
Department of Administrative Services, which may adopt rules with
regard to administration of the fund. The fund shall be
administered in accordance with the applicable sections of the
collective bargaining agreements between the State and the
aforementioned unions. The Department of Administrative Services,
with the approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the
educational programs. Receipts for these charges shall be
deposited into the Employee Educational Development Fund. All
income derived from the investment of the funds shall accrue to
the fund.
If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are
hereby appropriated with the approval of the Director of Budget
and Management.
Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND
(A) As used in this section, "Ohio Business Gateway" refers
to the internet-based system operated by the Office of Information
Technology with the advice of the Ohio Business Gateway Steering
Committee established under section 5703.57 of the Revised Code.
The Ohio Business Gateway is established to provide businesses a
central web site where various filings and payments are submitted
on-line to government. The information is then distributed to the
various government entities that interact with the business
community.
(B) As used in this section:
(1) "State Portal" refers to the official web site of the
state, operated by the Office of Information Technology.
(2) "Shared Hosting Environment" refers to the computerized
system operated by the Office of Information Technology for the
purpose of providing capability for state agencies to host web
sites.
(C) There is hereby created in the state treasury the
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing
appropriation item 100-634, Centralized Gateway Enhancements,
shall be used by the Office of Information Technology to pay the
costs of enhancing, expanding, and operating the infrastructure of
the Ohio Business Gateway, State Portal, and Shared Hosting
Environment.
The State Chief Information Officer shall submit
periodic spending plans to the Director of Budget and Management
to justify operating transfers to the fund from the General
Revenue Fund. Upon approval, the Director of Budget and Management
shall transfer approved amounts to the fund, not to exceed the
amount of the annual appropriation in each fiscal year. The
spending plans may be based on the recommendations of the Ohio
Business Gateway Steering Committee or its successor.
Section 207.30.20. MAJOR IT PURCHASES
The State Chief Information Officer shall compute the
amount
of revenue attributable to the amortization of all
equipment
purchases and capitalized systems from appropriation item 100-607,
IT Service Delivery; appropriation item
100-617, Major IT
Purchases; and appropriation item CAP-837,
Major IT Purchases,
which is recovered by the Office of Information Technology as part
of the rates charged by the IT Service Delivery Fund (Fund 133)
created in section 125.15 of the
Revised Code. The Director of
Budget and Management may transfer
cash in an amount not to exceed
the amount of amortization
computed from the IT Service Delivery
Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).
Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT
The State Chief Information Officer, with the approval of
the
Director of Budget and Management, may establish an
information
technology assessment for the purpose of recovering
the cost of
selected infrastructure and statewide
programs. Such
assessment
shall comply with applicable cost
principles issued by
the federal
Office of Management and Budget. The information technology
assessment shall be
charged to all organized bodies, offices, or
agencies established
by the laws of the state for the exercise of
any function of state
government except for the General Assembly,
any legislative
agency, the Supreme Court, the other courts of
record in Ohio, or
any judicial agency, the Adjutant General, the
Bureau of
Workers' Compensation, and institutions administered by
a board of
trustees. Any state-entity exempted by this section
may
utilize
the infrastructure or statewide program by
participating
in the
information technology assessment. All
charges for the
information technology assessment shall be
deposited to the credit
of the IT Governance Fund (Fund
229).
Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM
DEBT
SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July
1,
1997. Within thirty days of any payment made from
appropriation
item 100-447, OBA - Building Rent Payments,
the Director of
Administrative Services shall certify to the
Director of Budget
and Management the amount of this share. The
Director of Budget
and Management shall transfer such amounts to
the General Revenue
Fund from the State Highway Safety Fund (Fund
036) established in
section 4501.06 of the Revised Code.
The State Chief Information Officer shall consider
renting or
leasing existing tower sites at reasonable or current
market
rates, so long as these existing sites are equipped with
the
technical capabilities to support the MARCS project.
Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"public exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 207.30.60. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs in the
General Services Fund (Fund 117) and the State Printing Fund (Fund
210).
Section 207.30.70. STATE ENERGY SERVICES PROGRAM
Within 30 days after the effective date of this section, or
as soon possible thereafter, the Director of Administrative
Services shall certify the remaining cash in the Federal Special
Revenue Fund (Fund 307) to the Director of Budget and Management,
who shall transfer that amount to the State Architect's Office
(Fund 131). The cash shall be used to operate the state's energy
services program.
Within thirty days after the effective date of this section,
or as soon as possible thereafter, the Director of Administrative
Services shall certify the remaining cash in the Energy Grants
Fund (Fund 5A8) to the Director of Budget and Management, who
shall transfer that amount to the State Architect's Office (Fund
131). The cash shall be used to operate the state's energy
services program.
Section 207.30.80. FEDERAL GRANTS OGRIP
As soon as possible on or after July 1, 2007, the Director of
Budget and Management may transfer cash in the amount of
$15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the
General Revenue Fund.
Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES
GRF |
036-100 |
|
Personal Services |
|
$ |
235,091 |
|
$ |
235,091 |
GRF |
036-200 |
|
Maintenance |
|
$ |
29,000 |
|
$ |
29,000 |
GRF |
036-300 |
|
Equipment |
|
$ |
1,000 |
|
$ |
1,000 |
GRF |
036-502 |
|
Community Projects |
|
$ |
516,909 |
|
$ |
1,016,909 |
TOTAL GRF General Revenue Fund |
|
$ |
782,000 |
|
$ |
1,282,000 |
State Special Revenue Fund Group
4H3 |
036-601 |
|
Commission on African American Males - Gifts/Grants |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL SSR State Special Revenue
Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
792,000 |
|
$ |
1,292,000 |
The Commission on African American Males shall develop a
strategic plan to accomplish the tasks put forth in section
4112.13 of the Revised Code.
On January 1, 2008, or as soon as possible thereafter, the
Director of the Commission on African American Males shall submit
a strategic plan for the use of $500,000 in fiscal year 2008 and
$1,000,000 in fiscal year 2009 to the Governor, the President of
the Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the House of
Representatives.
Not later than June 30, 2009, the Commission on African
American Males shall submit a report on the impacts and outcomes
of the strategic plan to the Governor, the President of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the House of
Representatives.
(A) All moneys appropriated or reappropriated to the Ohio
Commission on African-American Males for the performance of its
duties, powers, obligations, and functions, and the exercise of
rights, that are transferred by this act to the Ohio State
University, to the extent of the remaining unexpended or
unencumbered balance of the appropriations or reappropriations,
whether obligated or unobligated, are hereby transferred,
effective October 1, 2007, to the University for performing the
duties, powers, obligations, and functions, and exercising the
rights of the University in operating and overseeing the
Commission.
(B) On and after October 1, 2007, notwithstanding any
provision
of law to the contrary, the Director of Budget and
Management is
authorized to take the actions described in this
section with
respect to budget changes made necessary by
administrative
reorganization, program transfers, the creation of
new funds, and
the consolidation of funds as authorized by this
act. The Director
may make any transfer of cash balances between
funds. At the
request of the Director of Budget and Management,
the Board of
Trustees of the Ohio State University shall certify
to the
Director an estimate of the amount of the cash balance to
be
transferred to the receiving fund. The Director may transfer
the
estimated amount when needed to make payments. Not more than
thirty days after certifying the estimated amount, the Board of
Trustees shall certify the final amount to the Director. The
Director shall transfer the difference between any amount
previously transferred and the certified final amount. The
Director may cancel encumbrances and re-establish encumbrances or
parts of encumbrances as needed in the fiscal year in the
appropriate fund and appropriation line item for the same purpose
and to the same vendor. As determined by the Director, the
appropriation authority necessary to re-establish such
encumbrances in the fiscal year in a different fund or
appropriation line item within an agency or between agencies is
hereby appropriated by the General Assembly. The Director shall
reduce each year's appropriation balances by the amount of the
encumbrance canceled in their respective funds and appropriation
line item. Any unencumbered or unallocated appropriation balances
from the previous fiscal year may be transferred to the
appropriate appropriation line item to be used for the same
purposes, as determined by the Director.
Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029-321 |
|
Operating Expenses |
|
$ |
397,000 |
|
$ |
403,000 |
TOTAL GRF General Revenue Fund |
|
$ |
397,000 |
|
$ |
403,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
397,000 |
|
$ |
403,000 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review. Members of the Committee
shall be paid in accordance with section 101.35 of the Revised
Code.
On July 1, 2007, or as soon as possible thereafter, the
designated fiscal agent shall certify to the Director of Budget
and Management the total fiscal year 2007 unencumbered
appropriations in appropriation item 029-321, Operating Expenses.
The designated fiscal agent may direct the Director of Budget and
Management to transfer an amount not to exceed the total fiscal
year 2007 unencumbered appropriations to fiscal year 2008 for use
in appropriation item 029-321, Operating Expenses. Additional
appropriation authority equal to the amount certified by the
designated fiscal agent is hereby appropriated to appropriation
item 029-321, Operating Expenses, in fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the
designated fiscal agent shall certify to the Director of Budget
and Management the total fiscal year 2008 unencumbered
appropriations in appropriation item 029-321, Operating Expenses.
The designated fiscal agent may direct the Director of Budget and
Management to transfer an amount not to exceed the total fiscal
year 2008 unencumbered appropriations to fiscal year 2009 for use
in appropriation item 029-321, Operating Expenses. Additional
appropriation authority equal to the amount certified by the
designated fiscal agent is hereby appropriated to appropriation
item 029-321, Operating Expenses, in fiscal year 2009.
Section 213.10. AGE DEPARTMENT OF AGING
GRF |
490-321 |
|
Operating Expenses |
|
$ |
2,637,571 |
|
$ |
2,637,271 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
128,391,189 |
|
$ |
158,196,465 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
14,856 |
|
$ |
14,856 |
GRF |
490-409 |
|
Ohio Community Service Council Operations |
|
$ |
183,792 |
|
$ |
183,792 |
GRF |
490-410 |
|
Long-Term Care Ombudsman |
|
$ |
654,965 |
|
$ |
654,965 |
GRF |
490-411 |
|
Senior Community Services |
|
$ |
10,349,439 |
|
$ |
10,349,439 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
9,156,771 |
|
$ |
9,156,771 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,131,594 |
|
$ |
4,131,594 |
GRF |
490-416 |
|
JCFS Community Options |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
490-421 |
|
PACE |
|
$ |
10,214,809 |
|
$ |
10,214,809 |
GRF |
490-422 |
|
Assisted Living Waiver |
|
$ |
12,554,940 |
|
$ |
15,213,890 |
GRF |
490-506 |
|
National Senior Service Corps |
|
$ |
335,296 |
|
$ |
335,296 |
TOTAL GRF General Revenue Fund |
|
$ |
178,875,222 |
|
$ |
211,339,148 |
General Services Fund Group
480 |
490-606 |
|
Senior Community Outreach and Education |
|
$ |
372,677 |
|
$ |
372,677 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
372,677 |
|
$ |
372,677 |
Federal Special Revenue Fund Group
3C4 |
490-607 |
|
PASSPORT |
|
$ |
301,767,486 |
|
$ |
301,274,172 |
3C4 |
490-621 |
|
PACE-Federal |
|
$ |
14,586,135 |
|
$ |
14,586,135 |
3C4 |
490-622 |
|
Assisted Living-Federal |
|
$ |
14,972,892 |
|
$ |
21,810,442 |
3M4 |
490-612 |
|
Federal Independence Services |
|
$ |
62,406,819 |
|
$ |
63,655,080 |
3R7 |
490-617 |
|
Ohio Community Service Council Programs |
|
$ |
8,870,000 |
|
$ |
8,870,000 |
322 |
490-618 |
|
Federal Aging Grants |
|
$ |
10,000,000 |
|
$ |
10,200,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
412,603,332 |
|
` |
420,395,829 |
State Special Revenue Fund Group
4C4 |
490-609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
935,000 |
|
$ |
935,000 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,491,930 |
|
$ |
33,263,984 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
4,424,969 |
|
$ |
4,424,969 |
5AA |
490-673 |
|
Ohio's Best Rx Administration |
|
$ |
1,184,154 |
|
$ |
910,801 |
5BA |
490-620 |
|
Ombudsman Support |
|
$ |
600,000 |
|
$ |
600,000 |
5K9 |
490-613 |
|
Long Term Care Consumers Guide |
|
$ |
820,400 |
|
$ |
820,400 |
5W1 |
490-616 |
|
Resident Services Coordinator Program |
|
$ |
330,000 |
|
$ |
330,000 |
624 |
490-604 |
|
OCSC Community Support |
|
$ |
470,000 |
|
$ |
470,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,256,453 |
|
$ |
41,755,154 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
634,107,684 |
|
$ |
673,862,808 |
Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY
ADMISSION
Pursuant to an interagency agreement, the Department of Job
and
Family
Services shall
designate the Department of Aging to
perform
assessments under
sections 173.42
and 5111.204 of the
Revised
Code. Of the foregoing appropriation
item 490-403,
PASSPORT, the
Department of Aging may use not more than
$2,731,000
in fiscal
year 2008 and $2,813,000 in fiscal year 2009
to perform
the
assessments for persons not eligible for Medicaid under the
department's interagency
agreement with the Department
of
Job
and
Family Services and to assist individuals
in
planning for
their
long-term health care needs.
Appropriation item 490-403, PASSPORT, and the amounts set
aside for the PASSPORT Waiver Program in appropriation item
490-610,
PASSPORT/Residential State Supplement, may be
used to
assess clients regardless of Medicaid eligibility.
The Director of Aging shall adopt rules under
section 111.15
of the Revised Code governing the nonwaiver funded
PASSPORT
program, including client eligibility.
The Department of Aging shall administer the Medicaid
waiver-funded PASSPORT Home Care Program as delegated by the
Department
of Job and Family Services in an interagency agreement.
The
foregoing
appropriation item 490-403, PASSPORT,
and the
amounts
set aside for the PASSPORT Waiver Program in
appropriation
item
490-610,
PASSPORT/Residential State Supplement,
shall
be used
to
provide the required state match for federal
Medicaid funds
supporting the Medicaid Waiver-funded PASSPORT Home
Care
Program.
Appropriation item 490-403, PASSPORT, and the
amounts set aside
for the PASSPORT Waiver Program in appropriation
item 490-610,
PASSPORT/Residential State Supplement, may
also be
used
to support
the Department of Aging's administrative costs
associated with
operating the PASSPORT program.
The foregoing appropriation item 490-607, PASSPORT, shall
be
used to provide the federal matching share for all PASSPORT
program costs determined by the Department of Job and Family
Services to
be
eligible for Medicaid reimbursement.
OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490-409, Ohio Community
Service Council Operations, and 490-617, Ohio Community Service
Council
Programs, shall be used
in
accordance with section 121.40
of the
Revised Code.
The foregoing appropriation item 490-410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities as authorized in sections 173.14 to 173.27 and section
173.99 of the Revised Code.
SENIOR COMMUNITY SERVICES
Of the foregoing appropriation item 490-411, Senior Community
Services, $10,299,439 in each fiscal year shall be
used for
services designated by the Department
of Aging,
including, but not
limited to, home-delivered and congregate meals,
transportation
services,
personal care
services, respite services, adult day
services,
home repair, care coordination, and decision support
systems.
Service priority shall be
given to low income, frail,
and
cognitively impaired persons 60
years of age and over. The
department
shall promote
cost sharing
by service recipients for
those
services funded with
senior community services
funds,
including, when possible,
sliding-fee scale payment
systems based
on
the income of service
recipients.
Of the foregoing appropriation item 490-411, Senior Community
Services, $50,000 in each fiscal year shall be allocated to the
Eastlake Senior Center.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $927 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $927 for an adult group home, as defined in Chapter
3722.
of the
Revised Code;
(C) $824 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $824 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $824 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $824 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $618 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
these
amounts in any applicable rules the departments
adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The Department of Aging may transfer cash by intrastate
transfer vouchers from
the
foregoing appropriation items 490-412,
Residential State
Supplement,
and 490-610, PASSPORT/Residential
State Supplement, to the
Department of
Job and Family Services'
Fund 4J5,
Home and Community-Based Services for the Aged
Fund.
The
funds
shall be used to make
benefit payments to
Residential
State
Supplement recipients.
The foregoing appropriation item 490-414, Alzheimers
Respite,
shall be used to fund only Alzheimer's disease
services under
section 173.04 of the Revised Code.
The foregoing appropriation item 490-416, JCFS Community
Options, shall be used for noncapital expenses related to
transportation services for the elderly that provide access to
such things as healthcare services, congregate meals,
socialization programs, and grocery shopping. The funds shall pass
through and shall be administered by the Area Agencies on Aging.
Agencies receiving funding from appropriation item 490-416,
JCFS
Community Options, shall coordinate services with other
local
service agencies. The appropriation shall be allocated to the
following agencies:
(A) $80,000 in both fiscal years to Cincinnati Jewish
Vocational Services;
(B) $70,000 in both fiscal years to Wexner Heritage Village;
(C) $20,000 in both fiscal years to Yassenoff Jewish
Community Center;
(D) $80,000 in both fiscal years to Cleveland Jewish
Community Center.
In order to effectively administer and manage growth within
the PACE Program, the Director of Aging may, as the director deems
appropriate and to the extent funding is available, allocate funds
for the PACE Program between the PACE sites in Cleveland and
Cincinnati.
OHIO'S BEST RX START-UP COSTS
An amount equal to the unencumbered balance in appropriation
item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007
is hereby appropriated for fiscal year 2008 into appropriation
item 490-440, Ohio's Best Rx Start-up Costs.
An amount equal to the remaining unencumbered balance in
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from
fiscal year 2008 is hereby appropriated for fiscal year 2009 into
appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall
be used by the Department of Aging to pay for the administrative
and operational expenses of the Ohio's Best Rx Program in
accordance with sections 173.71 to 173.91 of the Revised Code,
including costs associated with the duties assigned by the
department to the Ohio's Best Rx Program Administrator and for
making payments to participating terminal distributors until
sufficient cash exists to make payments from the accounts created
in sections 173.85 and 173.86 of the Revised Code. Of
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not
more than $750,000 in each fiscal year may be used by the
department for administrative and operational costs, excluding
outreach, that are not associated with the Ohio's Best Rx Program
Administrator or the payments to participating terminal
distributors.
The foregoing appropriation item 490-606, Senior Community
Outreach and Education, may be used to provide training to workers
in the field of aging pursuant to division (G) of section 173.02
of the Revised Code.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM
The foregoing appropriation item 490-609, Regional Long-Term
Care Ombudsman
Program,
shall be used solely
to pay the costs of
operating the regional long-term care
ombudsman programs
designated by the Long-Term Care Ombudsman.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
Of the foregoing appropriation item 490-610,
PASSPORT/Residential State Supplement, up to $2,835,000 each
fiscal year
may be used to fund the
Residential State Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
FEDERAL SUPPORTIVE SERVICES FUND
On July 1, 2007, as soon as possible thereafter, the Director
of Budget and Management shall transfer all assets, liabilities,
revenues, and obligations associated with the Federal Aging
Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund
(Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund
(Fund 3M3) shall cease to exist. The Director of Budget and
Management shall cancel any existing encumbrances against
appropriation item 490-611, Federal Aging Nutrition Fund (Fund
3M3), and re-establish them against appropriation item 490-612,
Federal Independence Services (Fund 3M4). The amounts of the
re-established encumbrances are hereby appropriated.
TRANSFER OF APPROPRIATIONS - FEDERAL
INDEPENDENCE SERVICES
AND FEDERAL AGING GRANTS
Upon written request of the Director of Aging,
the Director
of Budget and Management may transfer
appropriation authority
among appropriation items
490-612, Federal Independence
Services,
and
490-618,
Federal Aging Grants,
in amounts not to exceed 30 per
cent of
the
appropriation from which the transfer is made. The
Department of
Aging shall
report a transfer to the Controlling
Board at the
next
regularly scheduled
meeting of the board.
TRANSFER OF RESIDENT PROTECTION FUNDS
The Director of Budget and Management shall transfer $600,000
per year in cash from Fund 4E3, Resident Protection Fund, in the
Department of Job and Family Services, to Fund 5BA in the
Department of Aging, to be used for the expansion of ombudsman
services to enhance consumer involvement and person-centered care
planning in nursing homes by the Office of the State Long-Term
Care Ombudsman created by the Department of Aging under division
(M) of section 173.01 of the Revised Code.
OHIO'S BEST RX ADMINISTRATION
The foregoing appropriation item 490-673, Ohio's Best Rx
Administration, shall be used on an ongoing basis to cover
expenses associated with the Ohio's Best Rx Program specified in
section 173.86 of the Revised Code. If receipts to the fund exceed
the appropriated amount, the Director of Aging may seek
Controlling Board approval to increase the appropriation of this
fund. Upon approval from the Controlling Board, the additional
amounts are hereby appropriated.
Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP
(A) There is hereby created the Unified Long-Term Care Budget
Workgroup. The Workgroup shall consist of the following members:
(1) The Director of Aging;
(2) Consumer advocates, representatives of the provider
community, and state policy makers, appointed by the Governor;
(3) Two members of the House of Representatives, one member
from the majority party and one member from the minority party,
appointed by the Speaker of the House of Representatives;
(4) Two members of the Senate, one member from the majority
party and one member from the minority party, appointed by the
President of the Senate.
The Director of Aging shall serve as the chairperson of the
Workgroup.
(B) The Workgroup shall develop a unified long-term care
budget that facilitates the following:
(1) Providing a consumer a choice of services that meet the
consumer's health care needs and improve the consumer's quality of
life;
(2) Providing a continuum of services that meet the needs of
a consumer throughout life;
(3) Consolidating policymaking authority and the associated
budgets in a single entity to simplify the consumer's decision
making and maximize the state's flexibility in meeting the
consumer's needs;
(4) Assuring the state has a system that is cost effective
and links disparate services across agencies and jurisdictions.
(C) The Workgroup shall submit a written implementation plan
to the Governor, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the President of
the Senate, the Minority Leader of the Senate, and the members of
the Joint Legislative Committee on Medicaid Technology and Reform
not later than June 1, 2008. The plan shall incorporate the
following:
(1) Recommendations regarding the structure of the unified
long-term care budget;
(2) A plan outlining how funds can be transferred among
involved agencies in a fiscally neutral manner;
(3) Identification of the resources needed to implement the
unified budget in a multiphase approach starting in fiscal year
2009;
(4) Success criteria and tools to measure progress against
the success criteria.
The plan shall consider the recommendations of the Medicaid
Administrative Study Council and the Ohio Commission to Reform
Medicaid.
(D) In support of the Unified Long-Term Care Budget the
following shall be established in the General Revenue Fund:
(1) In the Department of Aging, 490-423, Long-Term Care
Budget - State;
(2) In the Department of Job and Family Services, 600-435,
Long-Term Care Budget - State;
(3) In the Department of Mental Retardation and Developmental
Disabilities, 322-406, Long-Term Care Budget - State;
(4) In the Department of Mental Health, 335-411, Long-Term
Care Budget - State.
(E) On an annual basis, the Directors of Aging and Budget and
Management shall submit a written report to the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority Leader
of the Senate, and the members of the Joint Legislative Committee
on Medicaid Technology and Reform describing the progress towards
establishing, or if already established, the effectiveness of the
unified long-term care budget.
(F) When the Governor creates the administration described in
section 309.30.03 of this act for the Medicaid program, the
Director of Budget and
Management may do all of the following in
support of the
Workgroup's proposal:
(1) Transfer funds and appropriations currently appropriated
to pay for Medicaid services to any appropriation item referenced
in division (D) of this section;
(2) Transfer funds between appropriation items referenced in
division (D) of this section;
(3) Develop a reporting mechanism to transparently show how
the funds are being transferred and expended.
The Director shall obtain Controlling Board approval before
transferring funds or appropriations under division (F) of this
section.
(G) Before a proposal for a unified long-term care budget may
be implemented, the Joint Legislative Committee on Medicaid
Technology and Reform shall approve implementation of the proposal
and submit the Committee's approval to the Governor.
Section 215.10. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
2,605,330 |
|
$ |
2,605,330 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
3,574,506 |
|
$ |
3,574,506 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,304,504 |
|
$ |
1,304,504 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
196,895 |
|
$ |
196,895 |
GRF |
700-405 |
|
Animal Damage Control |
|
$ |
60,000 |
|
$ |
60,000 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
953,906 |
|
$ |
953,906 |
GRF |
700-407 |
|
Food Safety |
|
$ |
865,100 |
|
$ |
865,100 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
241,573 |
|
$ |
241,573 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
350,000 |
|
$ |
350,000 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
617,524 |
|
$ |
617,524 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
1,300,000 |
|
$ |
1,300,000 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,428,496 |
|
$ |
1,428,496 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
115,946 |
|
$ |
115,946 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,696,889 |
|
$ |
4,696,889 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
483,226 |
|
$ |
483,226 |
GRF |
700-503 |
|
Livestock Exhibition Fund |
|
$ |
62,500 |
|
$ |
62,500 |
TOTAL GRF General Revenue Fund |
|
$ |
19,456,395 |
|
$ |
19,456,395 |
General Services Fund Group
5DA |
700-644 |
|
Laboratory Administration Support |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
Federal Special Revenue Fund Group
3AB |
700-641 |
|
Agricultural Easement |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
600,000 |
|
$ |
600,000 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
4,800,000 |
|
$ |
4,800,000 |
326 |
700-618 |
|
Meat Inspection Program - Federal Share |
|
$ |
4,960,000 |
|
$ |
4,950,000 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
44,679 |
|
$ |
44,679 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,104,679 |
|
$ |
16,094,679 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, Seed, and Lime Inspection |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
24,601 |
|
$ |
24,601 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
73,059 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
858,096 |
|
$ |
858,096 |
4R2 |
700-637 |
|
Dairy Industry Inspection |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
47,294 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development |
|
$ |
15,000 |
|
$ |
15,000 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
250,000 |
|
$ |
250,000 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
850,000 |
|
$ |
849,999 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
500,000 |
|
$ |
500,000 |
5B8 |
700-629 |
|
Auctioneers |
|
$ |
365,390 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab and Scale Certification |
|
$ |
427,526 |
|
$ |
427,526 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
30,000 |
|
$ |
30,000 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
1,000,000 |
|
$ |
1,000,001 |
652 |
700-634 |
|
Animal and Consumer Analytical Laboratory |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
2,800,000 |
|
$ |
2,800,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,590,966 |
|
$ |
13,590,966 |
Clean Ohio Conservation Fund Group
057 |
700-632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
50,401,040 |
|
$ |
50,391,040 |
OHIO - ISRAEL AGRICULTURAL INITIATIVE
Of the foregoing General Revenue Fund appropriation item
700-411, International Trade and Market Development, $100,000
shall be used in each fiscal year for the Ohio - Israel
Agricultural Initiative.
COUNTY AGRICULTURAL SOCIETIES
The foregoing appropriation item 700-501, County Agricultural
Societies, shall be used to reimburse county and independent
agricultural societies for expenses related to Junior Fair
activities.
LIVESTOCK EXHIBITION FUND
The foregoing appropriation item 700-503, Livestock
Exhibition Fund, shall be used in accordance with section 901.42
of the Revised Code.
CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY
FUND
On the effective date of this section, or as soon as possible
thereafter, the Director of Budget and Management may transfer all
cash from the Animal Industry Laboratory Fund (Fund 4V5) to the
Laboratory Services Fund (Fund 652) to correct deposits that were
mistakenly deposited to the Laboratory Services Fund (Fund 4V5).
Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY
GRF |
898-402 |
|
Coal Development Office |
|
$ |
565,097 |
|
$ |
589,092 |
GRF |
898-901 |
|
Coal R&D General
Obligation Debt Service |
|
$ |
7,232,400 |
|
$ |
8,192,500 |
TOTAL GRF General Revenue Fund |
|
$ |
7,797,497 |
|
$ |
8,781,592 |
General Services Fund Group
5EG |
898-608 |
|
Energy Strategy Development |
|
$ |
307,000 |
|
$ |
307,000 |
TOTAL GSF General Services Fund |
|
$ |
307,000 |
|
$ |
307,000 |
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
287,146 |
|
$ |
294,290 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
71,087 |
|
$ |
71,087 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
255,000 |
|
$ |
264,000 |
TOTAL AGY Agency Fund Group |
|
$ |
613,233 |
|
$ |
629,377 |
Coal Research/Development Fund
046 |
898-604 |
|
Coal Research and Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL 046 Coal Research/Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,717,730 |
|
$ |
19,717,969 |
The foregoing appropriation item GRF 898-402, Coal
Development Office, shall be used for the administrative costs of
the Coal Development Office.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item GRF 898-901, Coal R & D
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made during the period from July 1, 2007 to June 30, 2009
for obligations issued under sections 151.01 and 151.07 of the
Revised Code.
SCIENCE AND TECHNOLOGY COLLABORATION
The Air Quality Development Authority shall work in close
collaboration with the Department of Development, the Board of
Regents, and the Third Frontier Commission in relation to
appropriation items and programs referred to as Alignment Programs
in the following paragraph, and other technology-related
appropriations and programs in the Department of Development, Air
Quality Development Authority, and the Board of Regents as those
agencies may designate, to ensure implementation of a coherent
state strategy with respect to science and technology.
To the extent permitted by law, the Air Quality Development
Authority shall assure that coal research and development
programs, proposals, and projects consider or incorporate
appropriate collaborations with Third Frontier Project programs
and grantees and with Alignment Programs and grantees.
"Alignment Programs" means: appropriation items 195-401,
Thomas Edison Program; 898-402, Coal Development Office; 195-422,
Third Frontier Action Fund; 898-604, Coal Research and Development
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force
Institute of Technology; 235-510, Ohio Supercomputer Center;
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;
235-535, Ohio Agricultural Research and Development Center;
235-553, Dayton Area Graduate Studies Institute; 235-554,
Priorities in Collaborative Graduate Education; 235-556, Ohio
Academic Resources Network; and 195-435, Biomedical Research and
Technology Transfer Trust.
Consistent with the recommendations of the Governor's
Commission on Higher Education and the Economy, Alignment Programs
shall be managed and administered (1) to build on existing
competitive research strengths, (2) to encourage new and emerging
discoveries and commercialization of ideas and products that will
benefit the Ohio economy, and (3) to assure improved collaboration
among Alignment Programs, with programs administered by the Third
Frontier Commission, and with other state programs that are
intended to improve economic growth and job creation.
As directed by the Third Frontier Commission, Alignment
Program managers shall report to the Commission or to the Third
Frontier Advisory Board on the contributions of their programs to
achieving the objectives stated in the preceding paragraph.
Each alignment program shall be reviewed annually by the
Third Frontier Commission with respect to its development of
complementary relationships within a combined state science and
technology investment portfolio and its overall contribution to
the state's science and technology strategy, including the
adoption of appropriately consistent criteria for: (1) the
scientific merit of activities supported by the program; (2) the
relevance of the program's activities to commercial opportunities
in the private sector; (3) the private sector's involvement in a
process that continually evaluates commercial opportunities to use
the work supported by the program; and (4) the ability of the
program and recipients of grant funding from the program to engage
in activities that are collaborative, complementary, and efficient
with respect to the expenditure of state funds. Each alignment
program shall provide annual reports to the Third Frontier
Commission discussing existing, planned, or possible
collaborations between programs and recipients of grant funding
related to technology, development, commercialization, and
supporting Ohio's economic development. The annual review by the
Third Frontier Commission shall be a comprehensive review of the
entire state science and technology program portfolio rather than
a review of individual programs.
Applicants for Third Frontier and Alignment Program funding
shall identify their requirements for high-performance computing
facilities and services, including both hardware and software, in
all proposals. If an applicant's requirements exceed approximately
$100,000 for a proposal, the Ohio Supercomputer Center shall
convene a panel of experts. The panel shall review the proposal to
determine whether the proposal's requirements can be met through
Ohio Supercomputer Center facilities or through other means and
report its conclusion to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from
its investment in the Third Frontier Project and the Third
Frontier Network, organizations receiving Third Frontier awards
and Alignment Program awards shall, as appropriate, be expected to
have a connection to the Third Frontier Network that enables them
and their collaborators to achieve award objectives through the
Third Frontier Network.
On the effective date of this section, or as soon as possible
thereafter, the Director of Budget and Management may transfer
$35,555.35 in cash from the General Revenue Fund (GRF) into the
Coal Research and Development Bond Services Fund (Fund 076) to
correct deposits that were mistakenly deposited into the General
Revenue Fund (GRF).
Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,071,861 |
|
$ |
1,071,861 |
GRF |
038-401 |
|
Treatment Services |
|
$ |
38,661,063 |
|
$ |
41,661,063 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,052,127 |
|
$ |
1,552,127 |
TOTAL GRF General Revenue Fund |
|
$ |
40,785,051 |
|
$ |
44,285,051 |
5T9 |
038-616 |
|
Problem Gambling Services |
|
$ |
285,000 |
|
$ |
285,000 |
TOTAL GSF General Services Fund Group |
|
$ |
285,000 |
|
$ |
285,000 |
Federal Special Revenue Fund Group
3G3 |
038-603 |
|
Drug Free Schools |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
3G4 |
038-614 |
|
Substance Abuse Block Grant |
|
$ |
73,000,000 |
|
$ |
73,000,000 |
3H8 |
038-609 |
|
Demonstration Grants |
|
$ |
7,093,075 |
|
$ |
7,093,075 |
3J8 |
038-610 |
|
Medicaid |
|
$ |
46,000,000 |
|
$ |
46,000,000 |
3N8 |
038-611 |
|
Administrative Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
130,093,075 |
|
$ |
130,093,075 |
State Special Revenue Fund Group
475 |
038-621 |
|
Statewide Treatment and Prevention |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
5BR |
038-406 |
|
Tobacco Use Prevention and Control Program |
|
$ |
205,000 |
|
$ |
205,000 |
5DH |
038-620 |
|
Fetal Alcohol Spectrum Disorder |
|
$ |
327,500 |
|
$ |
327,500 |
689 |
038-604 |
|
Education and Conferences |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
18,882,500 |
|
$ |
18,882,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
190,045,626 |
|
$ |
193,545,626 |
Of the foregoing appropriation item 038-401, Treatment
Services, not more than $8,190,000 shall be used by the Department
of Alcohol and Drug Addiction Services for program grants for
priority populations in each year of the biennium.
SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN
Of the foregoing appropriation item 038-401, Treatment
Services, $4 million in each fiscal year shall be
used to provide
substance abuse
services to families involved in the child welfare
system under the
requirements of Am. Sub. H.B. 484 of the 122nd
General Assembly.
Of the foregoing appropriation item 038-401, Treatment
Services, $750,000 shall be used in each fiscal year for the
Therapeutic Communities Program in the Department of
Rehabilitation and Correction.
JUVENILE AFTERCARE PROGRAM
Of the foregoing appropriation item 038-401, Treatment
Services, $2,500,000 shall be used in fiscal year 2009 for the
Juvenile Aftercare Program to provide community-based alcohol and
other drug treatment to parolees from the Department of Youth
Services.
Of the foregoing appropriation item 038-401, Treatment
Services, $5 million in each fiscal year shall be used for
TANF-eligible expenses for substance abuse and treatment services
to children or their families whose income is at or below 200 per
cent of the federal poverty level.
The Auditor of State shall complete a performance audit of
the Department of Alcohol and Drug Addiction Services. Upon
completing the performance audit, the Auditor of State shall
submit a report of the findings of the audit to the Governor, the
President of the Senate, the Speaker of the House of
Representatives, and the Director of Alcohol and Drug Addiction
Services. Expenses incurred by the Auditor of State to conduct the
performance audit shall be reimbursed by the Department of Alcohol
and Drug Addiction Services.
The Director of Alcohol and Drug Addiction Services shall
consult with the Director of Budget and Management and
representatives of local and county alcohol and drug addiction
services agencies to conduct an internal review of policies and
procedures to increase efficiency and identify and eliminate
duplicative practices. Any savings identified as a result of the
internal review or the performance audit conducted by the Auditor
of State shall be used for community-based care.
The Director of Alcohol and Drug Addiction Services shall
seek Controlling Board approval before expending any funds
identified as a result of the internal review or the performance
audit.
Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
638,110 |
|
$ |
565,141 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
638,110 |
|
$ |
565,141 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
638,110 |
|
$ |
565,141 |
Section 223.10. ART OHIO ARTS COUNCIL
GRF |
370-100 |
|
Personal Services |
|
$ |
1,798,235 |
|
$ |
1,798,235 |
GRF |
370-200 |
|
Maintenance |
|
$ |
459,746 |
|
$ |
459,746 |
GRF |
370-300 |
|
Equipment |
|
$ |
82,700 |
|
$ |
82,700 |
GRF |
370-502 |
|
State Program Subsidies |
|
$ |
10,147,480 |
|
$ |
10,147,480 |
TOTAL GRF General Revenue Fund |
|
$ |
12,488,161 |
|
$ |
12,488,161 |
General Services Fund Group
4B7 |
370-603 |
|
Percent for Art Acquisitions |
|
$ |
86,366 |
|
$ |
86,366 |
460 |
370-602 |
|
Management Expenses and Donations |
|
$ |
285,000 |
|
$ |
285,000 |
TOTAL GSF General Services Fund Group |
|
$ |
371,366 |
|
$ |
371,366 |
Federal Special Revenue Fund Group
314 |
370-601 |
|
Federal Support |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,659,527 |
|
$ |
13,659,527 |
A museum is not eligible to receive funds from appropriation
item 370-502, State
Program Subsidies, if $8,000,000 or more in
capital
appropriations were
appropriated by the state for the
museum
between January 1, 1986, and
December 31, 2002.
Section 225.10. ATH ATHLETIC COMMISSION
General Services Fund Group
4K9 |
175-609 |
|
Operating Expenses |
|
$ |
255,850 |
|
$ |
255,850 |
TOTAL GSF General Services Fund Group |
|
$ |
255,850 |
|
$ |
255,850 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
255,850 |
|
$ |
255,850 |
Section 227.10. AGO ATTORNEY GENERAL
GRF |
055-321 |
|
Operating Expenses |
|
$ |
54,063,833 |
|
$ |
54,007,332 |
GRF |
055-411 |
|
County Sheriffs' Pay Supplement |
|
$ |
813,117 |
|
$ |
842,134 |
GRF |
055-415 |
|
County Prosecutors' Pay Supplement |
|
$ |
896,404 |
|
$ |
923,888 |
TOTAL GRF General Revenue Fund |
|
$ |
55,773,354 |
|
$ |
55,773,354 |
General Services Fund Group
106 |
055-612 |
|
General Reimbursement |
|
$ |
29,870,196 |
|
$ |
29,870,196 |
195 |
055-660 |
|
Workers' Compensation Section |
|
$ |
8,002,720 |
|
$ |
8,002,720 |
4Y7 |
055-608 |
|
Title Defect Rescission |
|
$ |
750,000 |
|
$ |
750,000 |
4Z2 |
055-609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
418 |
055-615 |
|
Charitable Foundations |
|
$ |
6,919,850 |
|
$ |
7,064,978 |
420 |
055-603 |
|
Attorney General Antitrust |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
421 |
055-617 |
|
Police Officers' Training Academy Fee |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
5A9 |
055-618 |
|
Telemarketing Fraud Enforcement |
|
$ |
7,500 |
|
$ |
7,500 |
590 |
055-633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
629 |
055-636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
15,000 |
|
$ |
15,000 |
631 |
055-637 |
|
Consumer Protection Enforcement |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
52,663,636 |
|
$ |
52,808,764 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Attorney General Pass-Through Funds |
|
$ |
2,850,000 |
|
$ |
3,030,000 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
4,870,000 |
|
$ |
5,115,000 |
306 |
055-620 |
|
Medicaid Fraud Control |
|
$ |
3,139,500 |
|
$ |
3,296,500 |
381 |
055-611 |
|
Civil Rights Legal Service |
|
$ |
402,540 |
|
$ |
402,540 |
383 |
055-634 |
|
Crime Victims Assistance |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,262,040 |
|
$ |
27,844,040 |
State Special Revenue Fund Group
4L6 |
055-606 |
|
DARE |
|
$ |
3,927,962 |
|
$ |
3,927,962 |
402 |
055-616 |
|
Victims of Crime |
|
$ |
34,000,000 |
|
$ |
34,000,000 |
419 |
055-623 |
|
Claims Section |
|
$ |
25,000,000 |
|
$ |
25,000,000 |
659 |
055-641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
621,159 |
|
$ |
621,159 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
63,549,121 |
|
$ |
63,549,121 |
Holding Account Redistribution Fund Group
R04 |
055-631 |
|
General Holding Account |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
R05 |
055-632 |
|
Antitrust Settlements |
|
$ |
1,000 |
|
$ |
1,000 |
R18 |
055-630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
R42 |
055-601 |
|
Organized Crime Commission Distributions |
|
$ |
25,025 |
|
$ |
25,025 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,776,025 |
|
$ |
1,776,025 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
201,024,176 |
|
$ |
201,751,304 |
COUNTY SHERIFFS' PAY SUPPLEMENT
The foregoing appropriation item 055-411, County Sheriffs'
Pay Supplement, shall be used for the purpose of supplementing the
annual compensation of county sheriffs as required by section
325.06 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation authority from
appropriation item 055-321, Operating Expenses, to appropriation
item 055-411, County Sheriffs' Pay Supplement. Any appropriation
authority so transferred to appropriation item 055-411, County
Sheriffs' Pay Supplement, shall be used to supplement the annual
compensation of county sheriffs as required by section 325.06 of
the Revised Code.
COUNTY PROSECUTORS' PAY SUPPLEMENT
The foregoing appropriation item 055-415, County Prosecutors'
Pay Supplement, shall be used for the purpose of supplementing the
annual compensation of certain county prosecutors as required by
section 325.111 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation authority from
appropriation item 055-321, Operating Expenses, to appropriation
item 055-415, County Prosecutors' Pay Supplement. Any
appropriation authority so transferred to appropriation item
055-415, County Prosecutors' Pay Supplement, shall be used to
supplement the annual compensation of county prosecutors as
required by section 325.111 of the Revised Code.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Section Fund (Fund 195) is entitled
to
receive payments from the Bureau of Workers' Compensation and
the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial
Commission
during the ensuing quarter. The advance payment
shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055-636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code.
The foregoing appropriation item 055-631, General Holding
Account, shall be used to distribute moneys under the terms of
relevant court orders received from settlements in a variety of
cases involving the Office of the Attorney General.
ATTORNEY GENERAL PASS-THROUGH FUNDS
The foregoing appropriation item 055-638, Attorney General
Pass-Through Funds, shall be used to receive federal grant funds
provided to the Attorney General by other state agencies,
including, but not limited to, the Department of Youth Services
and the Department of Public Safety.
The foregoing appropriation item 055-632, Antitrust
Settlements, shall be used to distribute court-ordered antitrust
settlements in which the Office of Attorney General represents the
state or a political subdivision under section 109.81 of the
Revised Code.
The foregoing appropriation item 055-630, Consumer Frauds,
shall be used for distribution of moneys from court-ordered
judgments against sellers in actions brought by the Office of
Attorney General under sections 1334.08 and 4549.48 and division
(B) of section 1345.07 of the Revised Code. These moneys shall be
used to provide restitution to consumers victimized by the fraud
that generated the court-ordered judgments.
ORGANIZED CRIME COMMISSION DISTRIBUTIONS
The foregoing appropriation item 055-601, Organized Crime
Commission Distributions, shall be used by the Organized Crime
Investigations Commission, as provided by section 177.011 of the
Revised Code, to reimburse political subdivisions for the expenses
the political subdivisions incur when their law enforcement
officers participate in an organized crime task force.
BCI ASSET FORFEITURE AND COST REIMBURSEMENT
The Bureau of Criminal Identification and Investigation Asset
Forfeiture and Cost Reimbursement Fund created by section 109.521
of the Revised Code is the same fund as the BCI Asset Forfeiture
and Cost Reimbursement Fund created by the Controlling Board in
January 1997.
On July 1, 2007, or as soon as practicable thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Employment Services Fund (Fund 107) to the General
Reimbursement Fund (Fund 106). The Director shall cancel any
existing encumbrances against appropriation item 055-624,
Employment Services, and re-establish them against appropriation
item 055-612, General Reimbursement. The amounts of the
re-established encumbrances are hereby appropriated. Upon
completion of these transfers, the Employment Services Fund (Fund
107) is hereby abolished.
On July 1, 2007, or as soon as practicable thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Crime Victims Compensation Fund (Fund 108) to the
Reparations Fund (Fund 402). Upon completion of this transfer, the
Crime Victims Compensation Fund (Fund 108) is hereby abolished.
Section 229.10. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
31,469,552 |
|
$ |
32,771,482 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
600,000 |
|
$ |
600,000 |
TOTAL GRF General Revenue Fund |
|
$ |
32,069,552 |
|
$ |
33,371,482 |
Auditor of State Fund Group
109 |
070-601 |
|
Public Audit Expense - Intra-State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
422 |
070-601 |
|
Public Audit Expense - Local Government |
|
$ |
33,000,000 |
|
$ |
34,000,000 |
584 |
070-603 |
|
Training Program |
|
$ |
181,250 |
|
$ |
181,250 |
675 |
070-605 |
|
Uniform Accounting Network |
|
$ |
3,317,336 |
|
$ |
3,317,336 |
TOTAL AUD Auditor of State Fund |
|
|
|
|
|
|
Group |
|
$ |
47,498,586 |
|
$ |
48,498,586 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
79,568,138 |
|
$ |
81,870,068 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070-403, Fiscal
Watch/Emergency Technical Assistance, shall be used for
expenses
incurred by the Office of the Auditor of State in its
role
relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses
include, but
are not limited to, the following: duties
related to the
determination or termination of fiscal watch or
fiscal emergency
of municipal corporations, counties, or townships
as outlined in
Chapter 118. of the Revised Code and of school
districts as
outlined in Chapter 3316. of the Revised Code;
development of
preliminary accounting reports; performance of
annual forecasts;
provision of performance audits; and
supervisory, accounting, or
auditing services for the mentioned
public entities and school
districts. The unencumbered balance of
appropriation item 070-403,
Fiscal Watch/Emergency
Technical Assistance, at the end of fiscal
year 2008 is
transferred to fiscal year 2009 for use under the
same
appropriation item.
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND
TRANSFER
Upon the request of the Auditor of State, and subject to
approval from the Controlling Board, effective July 1, 2007, or as
soon thereafter as possible, the Director of Budget and Management
shall transfer the appropriation balance in GRF appropriation item
070-406, Uniform Accounting Network/Technology Improvements Fund,
to GRF appropriation item 070-321, Operating Expenses. The
Director shall cancel any existing encumbrances against GRF
appropriation item 070-406, Uniform Accounting Network/Technology
Improvement Fund, and re-establish them against GRF appropriation
item 070-321, Operating Expenses. The amounts of the
re-established encumbrances are hereby appropriated.
Section 231.10. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
608,045 |
|
$ |
628,264 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
608,045 |
|
$ |
628,264 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
608,045 |
|
$ |
628,264 |
Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
2,026,011 |
|
$ |
2,128,284 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
28,700 |
|
$ |
29,561 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
60,460 |
|
$ |
60,460 |
GRF |
042-413 |
|
Payment Issuance |
|
$ |
1,191,802 |
|
$ |
1,150,192 |
GRF |
042-416 |
|
Medicaid Agency Transition |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
3,306,973 |
|
$ |
4,868,497 |
General Services Fund Group
105 |
042-603 |
|
State Accounting and Budgeting |
|
$ |
12,115,134 |
|
$ |
12,742,551 |
TOTAL GSF General Services Fund Group |
|
$ |
12,115,134 |
|
$ |
12,742,551 |
Federal Special Revenue Fund Group
3CM |
042-606 |
|
Medicaid Agency Transition |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
1,500,000 |
State Special Revenue Fund Group
5N4 |
042-602 |
|
OAKS Project Implementation |
|
$ |
2,200,725 |
|
$ |
2,132,168 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,200,725 |
|
$ |
2,132,168 |
5EH |
042-604 |
|
Forgery Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
TOTAL AGY Agency Fund Group |
|
$ |
35,000 |
|
$ |
35,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,657,832 |
|
$ |
21,278,216 |
Of the foregoing appropriation item 042-603, State Accounting
and Budgeting, not more than $435,000 in fiscal year 2008 and
$445,000
in fiscal year 2009 shall be used to pay for centralized
audit
costs associated with either Single Audit Schedules or
financial statements prepared in conformance with generally
accepted accounting principles for the state.
Section 233.20. OAKS SUPPORT ORGANIZATION
The OAKS Support Organization shall operate and maintain the
financial management module of the state's enterprise resource
planning system to support the activities of the Office of Budget
and Management. The OAKS Support Organization shall recover the
costs to establish and maintain the enterprise resource planning
system through billings to the Office of Budget and Management.
Effective July 1, 2007, the Office of Budget Management shall
include the recovery of costs to administer the financial module
of the OAKS System in the accounting and budgeting services
payroll rate. These revenues shall be deposited to the credit of
the Accounting and Budgeting Services Fund (Fund 105). Amounts
deposited under this section are hereby appropriated to
appropriation item 042-603, State Accounting and Budgeting. Not
less than quarterly, the Office of Budget and Management shall
process the intrastate transfer voucher billings to transfer the
Accounting and Budgeting Services Fund (Fund 105) to the OAKS
Support Organization Fund (Fund 5EB), to pay for the OAKS Support
Organization Costs.
TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND
On or before July 31, 2007, the unencumbered cash balance in
the Continuous Receipts Fund (Fund R06) shall be transferred to
the Forgery Recovery Fund (Fund 5EH).
Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
GRF |
874-100 |
|
Personal Services |
|
$ |
2,057,000 |
|
$ |
2,057,000 |
GRF |
874-320 |
|
Maintenance and Equipment |
|
$ |
1,085,837 |
|
$ |
1,080,837 |
TOTAL GRF General Revenue Fund |
|
$ |
3,142,837 |
|
$ |
3,137,837 |
General Services Fund Group
4G5 |
874-603 |
|
Capitol Square
Education Center and Arts |
|
$ |
15,000 |
|
$ |
15,000 |
4S7 |
874-602 |
|
Statehouse Gift Shop/Events |
|
$ |
650,484 |
|
$ |
650,484 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
665,484 |
|
$ |
665,484 |
Underground Parking Garage
208 |
874-601 |
|
Underground Parking Garage Operations |
|
$ |
2,706,993 |
|
$ |
2,706,993 |
TOTAL UPG Underground Parking |
|
|
|
|
|
|
Garage |
|
$ |
2,706,993 |
|
$ |
2,706,993 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,515,314 |
|
$ |
6,510,314 |
Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND
SCHOOLS
General Services Fund Group
4K9 |
233-601 |
|
Operating Expenses |
|
$ |
552,300 |
|
$ |
572,700 |
TOTAL GSF General Services Fund Group |
|
$ |
552,300 |
|
$ |
572,700 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
552,300 |
|
$ |
572,700 |
Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
4K9 |
930-609 |
|
Operating Expenses |
|
$ |
530,864 |
|
$ |
551,146 |
TOTAL GSF General Services Fund Group |
|
$ |
530,864 |
|
$ |
551,146 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
530,864 |
|
$ |
551,146 |
Section 241.10. CHR STATE CHIROPRACTIC BOARD
General Services Fund Group
4K9 |
878-609 |
|
Operating Expenses |
|
$ |
607,445 |
|
$ |
621,621 |
TOTAL GSF General Services Fund Group |
|
$ |
607,445 |
|
$ |
621,621 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
607,445 |
|
$ |
621,621 |
Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION
GRF |
876-321 |
|
Operating Expenses |
|
$ |
7,415,134 |
|
$ |
7,097,134 |
TOTAL GRF General Revenue Fund |
|
$ |
7,415,134 |
|
$ |
7,097,134 |
Federal Special Revenue Fund Group
334 |
876-601 |
|
Investigations |
|
$ |
3,965,507 |
|
$ |
4,602,185 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,965,507 |
|
$ |
4,602,185 |
State Special Revenue Fund Group
217 |
876-604 |
|
Operations Support |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,440,641 |
|
$ |
11,759,319 |
Of the foregoing appropriation item 876-321, Operating
Expenses, at least $318,000 in fiscal year 2008 is to be used to
purchase computer and information technology equipment.
Section 245.10. COM DEPARTMENT OF COMMERCE
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
Total GRF General Revenue Fund |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
General Services Fund Group
163 |
800-620 |
|
Division of Administration |
|
$ |
4,323,037 |
|
$ |
4,413,037 |
163 |
800-637 |
|
Information Technology |
|
$ |
6,650,150 |
|
$ |
6,780,963 |
5F1 |
800-635 |
|
Small Government Fire Departments |
|
$ |
300,000 |
|
$ |
300,000 |
543 |
800-602 |
|
Unclaimed Funds-Operating |
|
$ |
7,880,468 |
|
$ |
8,049,937 |
543 |
800-625 |
|
Unclaimed Funds-Claims |
|
$ |
70,000,000 |
|
$ |
75,000,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
89,153,655 |
|
$ |
94,543,937 |
Federal Special Revenue Fund Group
348 |
800-622 |
|
Underground Storage Tanks |
|
$ |
195,008 |
|
$ |
195,008 |
348 |
800-624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,045,008 |
|
$ |
2,045,008 |
State Special Revenue Fund Group
4B2 |
800-631 |
|
Real Estate Appraisal Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
4H9 |
800-608 |
|
Cemeteries |
|
$ |
273,465 |
|
$ |
273,465 |
4X2 |
800-619 |
|
Financial Institutions |
|
$ |
2,474,414 |
|
$ |
2,523,918 |
5K7 |
800-621 |
|
Penalty Enforcement |
|
$ |
50,000 |
|
$ |
50,000 |
544 |
800-612 |
|
Banks |
|
$ |
6,516,507 |
|
$ |
6,703,253 |
545 |
800-613 |
|
Savings Institutions |
|
$ |
2,244,370 |
|
$ |
2,286,616 |
546 |
800-610 |
|
Fire Marshal |
|
$ |
13,104,393 |
|
$ |
13,579,150 |
546 |
800-639 |
|
Fire Department Grants |
|
$ |
1,647,140 |
|
$ |
1,647,140 |
546 |
800-640 |
|
Homeland Security Grants |
|
$ |
10,000 |
|
$ |
10,000 |
547 |
800-603 |
|
Real Estate Education/Research |
|
$ |
250,000 |
|
$ |
250,000 |
548 |
800-611 |
|
Real Estate Recovery |
|
$ |
50,000 |
|
$ |
50,000 |
549 |
800-614 |
|
Real Estate |
|
$ |
3,480,038 |
|
$ |
3,574,171 |
550 |
800-617 |
|
Securities |
|
$ |
4,312,453 |
|
$ |
4,473,094 |
552 |
800-604 |
|
Credit Union |
|
$ |
3,521,037 |
|
$ |
3,627,390 |
553 |
800-607 |
|
Consumer Finance |
|
$ |
5,800,445 |
|
$ |
5,800,445 |
556 |
800-615 |
|
Industrial Compliance |
|
$ |
25,033,908 |
|
$ |
25,570,011 |
6A4 |
800-630 |
|
Real Estate Appraiser-Operating |
|
$ |
664,006 |
|
$ |
664,006 |
653 |
800-629 |
|
UST Registration/Permit Fee |
|
$ |
1,512,512 |
|
$ |
1,467,160 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
70,979,688 |
|
$ |
72,584,819 |
Liquor Control Fund Group
043 |
800-601 |
|
Merchandising |
|
$ |
440,499,979 |
|
$ |
464,027,015 |
043 |
800-627 |
|
Liquor Control Operating |
|
$ |
15,980,724 |
|
$ |
16,334,583 |
043 |
800-633 |
|
Development Assistance Debt Service |
|
$ |
33,678,800 |
|
$ |
38,616,800 |
043 |
800-636 |
|
Revitalization Debt Service |
|
$ |
12,620,900 |
|
$ |
15,683,300 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
502,780,403 |
|
$ |
534,661,698 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
667,091,150 |
|
$ |
705,967,858 |
SMALL GOVERNMENT FIRE DEPARTMENTS
Notwithstanding section 3737.17 of the Revised Code, the
foregoing
appropriation item 800-635, Small Government Fire
Departments, may be used
to provide loans to private fire
departments.
The foregoing appropriation item 800-625, Unclaimed
Funds-Claims, shall be used to pay claims under section
169.08 of
the Revised Code. If it is determined that additional
amounts are
necessary, the amounts are hereby appropriated.
UNCLAIMED FUNDS TRANSFERS
Notwithstanding division (A) of section 169.05 of the Revised
Code, prior to June 30, 2008, and upon the request of the Director
of Budget and Management, the Director of Commerce shall transfer
to the General Revenue Fund up to $29,275,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, prior to June 30, 2009, and upon the request of the Director
of Budget and Management, the Director of Commerce shall transfer
to the General Revenue Fund up to $29,275,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section.
CASH TRANSFER TO GENERAL REVENUE FUND
Notwithstanding any other law to the contrary, the Director
of Budget and Management shall transfer up to $5,700,000 in cash
in fiscal year 2008 and up to $5,800,000 in cash in fiscal year
2009 from the State Fire Marshal Fund (Fund 546) to the General
Revenue Fund.
Of the foregoing appropriation item 800-639, Fire Department
Grants, up to $760,000 in each fiscal year shall be used to make
annual grants to volunteer fire departments of up to $10,000, or
up to $25,000 if the volunteer fire department provides service
for an area affected by a natural disaster. The grant program
shall be administered by the Fire Marshal under the Department of
Commerce. The Fire Marshal shall adopt rules as are necessary for
the administration and operation of the grant program.
Of the foregoing appropriation item 800-639, Fire Department
Grants, up to $687,140 in each fiscal year shall be used as full
or partial reimbursement to local units of government and fire
departments for the cost of firefighter training and equipment or
gear. Under rules that the department shall adopt, a local unit of
government or fire department may apply to the department for a
grant to cover all documented costs that are incurred to provide
firefighter training and equipment or gear. The department shall
make grants within the limits of the funding provided, with
priority given to fire departments that serve small villages and
townships.
Of the foregoing appropriation item 800-639, Fire Department
Grants, up to $200,000 in each fiscal year shall be used to make
grants to fire departments to assist in the conversion of existing
data systems to the NFIRS 5 electronic fire reporting system.
Under rules that the department shall adopt, awards shall have a
maximum of $50,000 per fire department and shall be based on a
point system that includes factors such as consideration of the
fire department's information technology and operating budgets,
population and area served, number of incidents, data conversion
and implementation methods, and readiness.
CASH TRANSFER TO REAL ESTATE OPERATING FUND
At the request of the Director of Commerce, the Director of
Budget and Management may transfer up to $100,000 in cash from the
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the
Real Estate Operating Fund (Fund 549) during fiscal years
2008-2009.
INCREASED APPROPRIATION AUTHORITY - MERCHANDISING
The foregoing appropriation item 800-601, Merchandising,
shall be used under section 4301.12 of the Revised Code. If it is
determined that additional amounts are necessary, the amounts are
hereby appropriated.
DEVELOPMENT ASSISTANCE DEBT SERVICE
The foregoing appropriation item 800-633, Development
Assistance
Debt Service, shall be used to pay debt service and
related financing costs at the
times they are required to be made
during the period from July 1,
2007, to June 30, 2009, for bond
service charges on obligations
issued under Chapter 166. of the
Revised Code. If it is determined that
additional appropriations
are necessary for this purpose, such
amounts are hereby
appropriated, subject to the limitations set forth in section
166.11 of the Revised Code. An appropriation for this
purpose is
not required, but is made in this form and in this act for record
purposes only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800-636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs under sections 151.01 and 151.40 of the Revised Code during
the period from July 1, 2007, to June 30, 2009. If it is
determined that additional appropriations
are necessary for this
purpose, such amounts are hereby
appropriated.
The
General
Assembly acknowledges the priority
of the pledge
of a
portion of
receipts from that source to
obligations issued
and to
be issued
under Chapter
166. of
the Revised Code.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
Fund 163, Division of Administration, is entitled to receive
assessments from all
operating
funds of the department in
accordance with procedures
prescribed by the
Director of Commerce
and approved by the
Director of Budget and Management.
Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
5F5 |
053-601 |
|
Operating Expenses |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
TOTAL GSF General Services Fund Group |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
Section 249.10. CEB CONTROLLING BOARD
GRF |
911-404 |
|
Mandate Assistance |
|
$ |
650,000 |
|
$ |
650,000 |
GRF |
911-441 |
|
Ballot Advertising Costs |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL GRF General Revenue Fund |
|
$ |
950,000 |
|
$ |
950,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
950,000 |
|
$ |
950,000 |
DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM
Notwithstanding any other provision of law to the contrary,
the Director of Budget and Management may, with Controlling Board
approval, transfer up to $4,000,000 in cash, in each of fiscal
years 2008 and 2009, from the Disaster Services Fund (Fund 5E2) to
the General Revenue Fund. Upon completion of the transfer, the
Director of Budget and Management shall appropriate the
transferred amount to appropriation item 911-401, Emergency
Purposes/Contingencies. The Controlling Board may, at the request
of any state agency or the Director of Budget and Management,
transfer all or part of the appropriation in appropriation item
911-401, Emergency Purposes/Contingencies, for the purpose of
providing disaster and emergency situation aid to state agencies
and political subdivisions in the event of disasters and emergency
situations or for the other purposes noted in this section,
including, but not limited to, costs related to the disturbance
that occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
In transferring appropriations to or from appropriation
items
that have federal shares identified in this act, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in this act.
Such
changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from
appropriation item 911-401, Emergency Purposes/Contingencies, to
Department of Public Safety appropriation items to provide funding
for assistance
to political subdivisions and individuals made
necessary by natural disasters or
emergencies. Such transfers may
be requested and approved prior to or following
the occurrence of
any specific natural disasters or emergencies in
order to
facilitate the provision of timely assistance.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
Disaster Services Fund (5E2) to a Department of Public Safety fund
and appropriation item to provide for assistance to political
subdivisions made necessary by natural disasters or emergencies.
These transfers may be requested and approved prior to the
occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance. The
Emergency Management Agency of the Department of Public Safety
shall use the funding to fund the State Disaster Relief Program
for disasters that have been declared by the Governor, and the
State Individual Assistance Program for disasters that have been
declared by the Governor and the federal Small Business
Administration. The Ohio Emergency Management Agency shall publish
and make available application packets outlining procedures for
the State Disaster Relief Program and the State Individual
Assistance Program.
The Disaster Services Fund (5E2) shall be used by the
Controlling Board, pursuant to requests submitted by state
agencies, to transfer cash and appropriation authority to any fund
and appropriation item for the payment of state agency disaster
relief program expenses
for disasters declared by the Governor,
if the Director of Budget and Management determines that
sufficient funds exist.
The unencumbered balance of the Disaster Services Fund (5E2)
at the end of fiscal year 2008 is transferred to fiscal year 2009
for use for the same purposes as in fiscal year 2009.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Division of Criminal Justice Services in the Department
of Public Safety and the Public
Defender Commission may each
request, upon approval of the
Director of Budget and Management,
additional funds from appropriation item 911-401, Emergency
Purposes/Contingencies, for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government and school districts for
the cost of the
following two state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost to school districts of in-service training for
child abuse detection.
(B) The Division of Criminal
Justice Services in the
Department of Public Safety and the Department of Education may
prepare
and
submit to the Controlling Board one or more requests
to
transfer
appropriations from appropriation item 911-404,
Mandate
Assistance.
The
state
agencies charged with this
administrative
responsibility are
listed below, as well as the
estimated annual
amounts that may be used for each
program
of
state financial
assistance.
|
|
ADMINISTERING |
|
ESTIMATED ANNUAL |
PROGRAM |
|
AGENCY |
|
AMOUNT |
Prosecution Costs |
|
Division of Criminal |
|
$150,000 |
|
|
Justice Services |
|
|
Child Abuse Detection Training Costs |
|
Department of Education |
|
$500,000 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911-404, Mandate Assistance, the
Division of Criminal Justice Services in the Department of Public
Safety
and the Department of Education may request from the
Controlling
Board that
amounts
smaller or larger than these
estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the Division of Criminal Justice
Services in the Department of
Public Safety and the Department of Education, the Controlling
Board
may transfer appropriations received by a state
agency
under
this
section back to appropriation item 911-404, Mandate
Assistance, or
to the other program of state
financial assistance
identified under this section.
(E) It is expected that not all costs incurred by local
units
of
government and school districts under
each of
the two programs
of state financial assistance
identified in
this section will be
fully reimbursed by the
state. Reimbursement levels may
vary by
program and shall be
based on:
the relationship between the
appropriation transfers
requested
by the Division of Criminal
Justice Services in the Department of Public Safety and the
Department of Education and provided by
the Controlling Board
for
each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual
costs incurred by local units of
government and school
districts.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Division of
Criminal
Justice Services in the Department of Public Safety to
cover local prosecution costs for
aggravated
murder, murder,
felonies of the first degree, and
felonies of
the second degree
that occur on the grounds of
institutions
operated by the
Department of Rehabilitation and
Correction and
the Department of
Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return
of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Division of Criminal Justice Services in the Department
of Public Safety shall
adopt, apply to the Division
of Criminal
Justice Services for a
grant to
cover all documented costs that
are incurred by the
county
prosecutor's office.
(c) Twice each year, the Division of Criminal Justice
Services in the Department of Public Safety
shall designate
counties to
receive grants from those counties
that have submitted
one or
more applications in compliance with
the rules that have
been
adopted by the Division of Criminal Justice
Services for the
receipt of such
grants. In each
year's first
round of grant
awards, if sufficient
appropriations have been
made, up to a total
of $100,000
may be awarded. In each year's
second round of grant
awards, the remaining appropriations
available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder; second priority
shall be given to
counties with
cases involving a felony of the first
degree; and
third priority
shall be given to counties with cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were
received, except that
applications for cases involving a
felony of
the first or second
degree shall not be considered in
more than
two consecutive rounds
of grant awards.
(2) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for disbursement to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
department shall adopt, a local school district may apply to
the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911-404,
Mandate Assistance, not fully utilized may, upon application
of
the Ohio Public Defender Commission, and with the approval
of the
Controlling
Board, be disbursed to boards of
county
commissioners
to provide additional reimbursement for the costs incurred by
counties in providing defense to indigent defendants pursuant to
Chapter 120. of the Revised Code. Application for the unutilized
funds shall be made by the Ohio Public Defender Commission at the
first June meeting of the Controlling Board.
The
amount to be disbursed to each
county shall be allocated
proportionately on the basis of the total amount of reimbursement
paid to each county as a percentage of the amount of reimbursement
paid to all of the counties during the most recent state fiscal
year for which data is available and as calculated by the Ohio
Public Defender Commission.
Pursuant to requests submitted by the Ohio Ballot Board, the
Controlling Board
shall approve transfers from the foregoing
appropriation item 911-441, Ballot
Advertising Costs, to an Ohio
Ballot Board appropriation item in order to reimburse
county
boards of
elections for the cost of public notices associated with
statewide
ballot initiatives.
Section 251.10. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K9 |
879-609 |
|
Operating Expenses |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE
AND FAMILY THERAPIST BOARD
General Services Fund Group
4K9 |
899-609 |
|
Operating Expenses |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
Section 255.10. CLA COURT OF CLAIMS
GRF |
015-321 |
|
Operating Expenses |
|
$ |
2,758,681 |
|
$ |
2,841,441 |
TOTAL GRF General Revenue Fund |
|
$ |
2,758,681 |
|
$ |
2,841,441 |
State Special Revenue Fund Group
5K2 |
015-603 |
|
CLA Victims of Crime |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,341,365 |
|
$ |
4,424,125 |
Section 257.10. AFC OHIO CULTURAL FACILITIES
COMMISSION
GRF |
371-321 |
|
Operating Expenses |
|
$ |
176,136 |
|
$ |
176,136 |
GRF |
371-401 |
|
Lease Rental Payments |
|
$ |
36,604,600 |
|
$ |
37,455,500 |
TOTAL GRF General Revenue Fund |
|
$ |
36,780,736 |
|
$ |
37,631,636 |
State Special Revenue Fund Group
4T8 |
371-601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
81,000 |
|
$ |
81,000 |
4T8 |
371-603 |
|
Project Administration Services |
|
$ |
1,302,866 |
|
$ |
1,302,866 |
TOTAL SSR State Special Revenue Group |
|
$ |
1,383,866 |
|
$ |
1,383,866 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
38,164,602 |
|
$ |
39,015,502 |
The foregoing
appropriation item 371-401, Lease Rental
Payments, shall be used to meet all payments from the Ohio
Cultural Facilities Commissions to the Treasurer of State during
the period from July 1, 2007, to June 30, 2009, under the primary
leases and agreements for those arts and sports facilities made
under Chapters 152. and 154. of the Revised Code. This
appropriation is the source of
funds pledged for bond service
charges on related obligations
issued pursuant to Chapters 152.
and 154. of the Revised Code.
The foregoing appropriation item 371-321, Operating Expenses,
shall be used by the Ohio Cultural
Facilities Commission to
carry
out its responsibilities under this section and
Chapter 3383. of
the Revised Code.
By the tenth day following each calendar quarter in each
fiscal year, or as soon as possible thereafter, the Director of
Budget and Management shall determine the amount of cash from
interest earnings to be transferred from the Cultural and Sports
Facilities Building Fund (Fund 030) to the Cultural Facilities
Commission Administration Fund (Fund 4T8).
As soon as possible after each bond issuance made on behalf
of the Cultural Facilities Commission, the Director of Budget and
Management shall determine the amount of cash from any premium
paid on each issuance that is available to be transferred after
all issuance costs have been paid from the Cultural and Sports
Facilities Building Fund (Fund 030) to the Cultural Facilities
Commission Administration Fund (Fund 4T8).
CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS
The Executive Director of the Cultural Facilities Commission
shall certify to the Director of Budget and Management the amount
of cash receipts and related investment income, irrevocable
letters of credit from a bank, or certification of the
availability of funds that have been received from a county or a
municipal corporation for deposit into the Capital Donations Fund
(Fund 5A1) and are related to an anticipated project. These
amounts are hereby appropriated to appropriation item CAP-702,
Capital Donations. Prior to certifying these amounts to the
Director, the Executive Director shall make a written agreement
with the participating entity on the necessary cash flows required
for the anticipated construction or equipment acquisition project.
Section 259.10. DEN STATE DENTAL BOARD
General Services Fund Group
4K9 |
880-609 |
|
Operating Expenses |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
Section 261.10. BDP BOARD OF DEPOSIT
General Services Fund Group
4M2 |
974-601 |
|
Board of Deposit |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of
expenses from the Treasurer
of State, the Director of Budget and Management
shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 608)
to
the Board of Deposit Expense Fund (Fund 4M2).
The latter fund
shall
be used to pay for banking charges and
fees required for the
operation of the State of Ohio Regular Account.
Section 263.10. DEV DEPARTMENT OF DEVELOPMENT
GRF |
195-401 |
|
Thomas Edison Program |
|
$ |
19,404,838 |
|
$ |
17,978,483 |
GRF |
195-404 |
|
Small Business Development |
|
$ |
1,740,722 |
|
$ |
1,792,944 |
GRF |
195-405 |
|
Minority Business Development Division |
|
$ |
1,580,291 |
|
$ |
1,627,700 |
GRF |
195-407 |
|
Travel and Tourism |
|
$ |
1,800,000 |
|
$ |
1,800,000 |
GRF |
195-410 |
|
Defense Conversion Assistance |
|
$ |
5,000,000 |
|
$ |
0 |
GRF |
195-412 |
|
Rapid Outreach Grants |
|
$ |
10,750,000 |
|
$ |
10,000,000 |
GRF |
195-415 |
|
Economic Development Division and Regional Offices |
|
$ |
5,894,975 |
|
$ |
6,071,824 |
GRF |
195-416 |
|
Governor's Office of Appalachia |
|
$ |
4,746,043 |
|
$ |
4,746,043 |
GRF |
195-422 |
|
Third Frontier Action Fund |
|
$ |
18,790,000 |
|
$ |
16,790,000 |
GRF |
195-426 |
|
Clean Ohio Implementation |
|
$ |
300,000 |
|
$ |
309,000 |
GRF |
195-432 |
|
International Trade |
|
$ |
4,650,501 |
|
$ |
4,650,501 |
GRF |
195-434 |
|
Investment in Training Grants |
|
$ |
12,227,500 |
|
$ |
12,594,325 |
GRF |
195-436 |
|
Labor/Management Cooperation |
|
$ |
836,225 |
|
$ |
836,225 |
GRF |
195-497 |
|
CDBG Operating Match |
|
$ |
1,072,184 |
|
$ |
1,072,184 |
GRF |
195-498 |
|
State Match Energy |
|
$ |
96,820 |
|
$ |
96,820 |
GRF |
195-501 |
|
Appalachian Local Development Districts |
|
$ |
391,482 |
|
$ |
391,482 |
GRF |
195-502 |
|
Appalachian Regional Commission Dues |
|
$ |
254,208 |
|
$ |
254,208 |
GRF |
195-507 |
|
Travel
and Tourism Grants |
|
$ |
1,130,000 |
|
$ |
1,115,000 |
GRF |
195-516 |
|
Shovel Ready Sites |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
195-520 |
|
Ohio Main Street Program |
|
$ |
750,000 |
|
$ |
250,000 |
GRF |
195-521 |
|
Discover Ohio! |
|
$ |
7,182,845 |
|
$ |
8,182,845 |
GRF |
195-905 |
|
Third Frontier Research & Development General Obligation Debt Service |
|
$ |
14,349,500 |
|
$ |
24,523,400 |
GRF |
195-912 |
|
Job Ready Site Development General Obligation Debt Service |
|
$ |
4,359,400 |
|
$ |
8,232,500 |
TOTAL GRF General Revenue Fund |
|
$ |
118,307,534 |
|
$ |
124,315,484 |
General Services Fund Group
135 |
195-684 |
|
Supportive Services |
|
$ |
11,699,404 |
|
$ |
11,321,444 |
5AD |
195-667 |
|
Investment in Training Expansion |
|
$ |
2,000,000 |
|
$ |
0 |
5AD |
195-668 |
|
Workforce Guarantee Program |
|
$ |
1,000,000 |
|
$ |
0 |
5AD |
195-677 |
|
Economic Development Contingency |
|
$ |
5,000,000 |
|
$ |
24,400,000 |
5W5 |
195-690 |
|
Travel and Tourism Cooperative Projects |
|
$ |
350,000 |
|
$ |
350,000 |
5W6 |
195-691 |
|
International Trade Cooperative Projects |
|
$ |
300,000 |
|
$ |
300,000 |
685 |
195-636 |
|
Direct Cost Recovery Expenditures |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
21,149,404 |
|
$ |
37,171,444 |
Federal Special Revenue Fund Group
3AE |
195-643 |
|
Workforce Development Initiatives |
|
$ |
5,839,900 |
|
$ |
5,860,000 |
3BJ |
195-685 |
|
TANF Heating Assistance |
|
$ |
45,000,000 |
|
$ |
15,000,000 |
3K8 |
195-613 |
|
Community Development Block Grant |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
3K9 |
195-611 |
|
Home Energy Assistance Block Grant |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
3K9 |
195-614 |
|
HEAP Weatherization |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
3L0 |
195-612 |
|
Community Services Block Grant |
|
$ |
25,235,000 |
|
$ |
25,235,000 |
3V1 |
195-601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
308 |
195-602 |
|
Appalachian Regional Commission |
|
$ |
475,000 |
|
$ |
475,000 |
308 |
195-603 |
|
Housing and Urban Development |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
308 |
195-605 |
|
Federal Projects |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
308 |
195-609 |
|
Small Business Administration |
|
$ |
4,296,381 |
|
$ |
4,396,381 |
308 |
195-618 |
|
Energy Federal Grants |
|
$ |
3,400,000 |
|
$ |
3,400,000 |
335 |
195-610 |
|
Energy Conservation and Emerging Technology |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
356,446,281 |
|
$ |
326,566,381 |
State Special Revenue Fund Group
4F2 |
195-639 |
|
State Special Projects |
|
$ |
518,393 |
|
$ |
518,393 |
4F2 |
195-676 |
|
Marketing Initiatives |
|
$ |
5,000,000 |
|
$ |
1,000,000 |
4S0 |
195-630 |
|
Tax Incentive Programs |
|
$ |
650,800 |
|
$ |
650,800 |
4W1 |
195-646 |
|
Minority Business Enterprise Loan |
|
$ |
2,580,597 |
|
$ |
2,580,597 |
444 |
195-607 |
|
Water and Sewer Commission Loans |
|
$ |
523,775 |
|
$ |
523,775 |
450 |
195-624 |
|
Minority Business Bonding Program Administration |
|
$ |
53,967 |
|
$ |
53,967 |
451 |
195-625 |
|
Economic Development Financing Operating |
|
$ |
3,233,311 |
|
$ |
3,233,311 |
5AR |
195-674 |
|
Industrial Site Improvements |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
5CG |
195-679 |
|
Alternative Fuel Transportation |
|
$ |
1,500,000 |
|
$ |
1,000,000 |
5DU |
195-689 |
|
Energy Projects |
|
$ |
840,000 |
|
$ |
840,000 |
5M4 |
195-659 |
|
Low Income Energy Assistance |
|
$ |
245,000,000 |
|
$ |
245,000,000 |
5M5 |
195-660 |
|
Advanced Energy Programs |
|
$ |
17,000,000 |
|
$ |
17,000,000 |
5X1 |
195-651 |
|
Exempt Facility Inspection |
|
$ |
25,000 |
|
$ |
25,000 |
611 |
195-631 |
|
Water and Sewer Administration |
|
$ |
15,713 |
|
$ |
15,713 |
617 |
195-654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
646 |
195-638 |
|
Low- and Moderate- Income Housing Trust Fund |
|
$ |
53,000,000 |
|
$ |
53,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
334,641,556 |
|
$ |
330,141,556 |
Facilities Establishment Fund Group
009 |
195-664 |
|
Innovation Ohio |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
010 |
195-665 |
|
Research and Development |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
037 |
195-615 |
|
Facilities Establishment |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
4Z6 |
195-647 |
|
Rural Industrial Park Loan |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
5D2 |
195-650 |
|
Urban Redevelopment Loans |
|
$ |
5,475,000 |
|
$ |
5,475,000 |
5S8 |
195-627 |
|
Rural Development Initiative |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
5S9 |
195-628 |
|
Capital Access Loan Program |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL 037 Facilities |
|
|
|
|
|
|
Establishment Fund Group |
|
$ |
224,475,000 |
|
$ |
224,475,000 |
Clean Ohio Revitalization Fund
003 |
195-663 |
|
Clean Ohio Operating |
|
$ |
625,000 |
|
$ |
550,000 |
TOTAL 003 Clean Ohio Revitalization Fund |
|
$ |
625,000 |
|
$ |
550,000 |
Third Frontier Research & Development Fund Group
011 |
195-686 |
|
Third Frontier Operating |
|
$ |
1,932,056 |
|
$ |
1,932,056 |
011 |
195-687 |
|
Third Frontier Research & Development Projects |
|
$ |
94,000,000 |
|
$ |
72,000,000 |
014 |
195-692 |
|
Research & Development Taxable Bond Projects |
|
$ |
28,000,000 |
|
$ |
28,000,000 |
TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
123,932,056 |
|
$ |
101,932,056 |
Job Ready Site Development Fund Group
012 |
195-688 |
|
Job Ready Site Operating |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
TOTAL 012 Job Ready Site Development Fund Group |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,180,822,986 |
|
$ |
1,146,398,076 |
Section 263.10.10. THOMAS EDISON PROGRAM
The foregoing appropriation item 195-401, Thomas Edison
Program,
shall be used
for the purposes of sections 122.28 to
122.38 of the Revised Code
in order to
provide funds for
cooperative public and private efforts in
technological
innovation
to promote the development and transfer of technology
by and to
Ohio businesses that will lead to the creation of jobs. Of the
foregoing appropriation item 195-401, Thomas Edison Program, not
more than ten per cent in each fiscal year shall be used for
operating expenditures in administering the programs of the
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison
Program, $2,000,000 in fiscal year 2008 shall be used by
Development Projects, Inc., for technology commercialization.
Section 263.10.20. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195-404, Small Business
Development, shall be
used to ensure that the unique needs and
concerns of small
businesses are
addressed.
The foregoing appropriation item 195-404, Small Business
Development, may be used to provide grants
to
local
organizations
to support the operation of Small Business
Development Centers
and
other local economic development activity
promoting small
business, including the 1st Stop Business Connection, and for
the
cost of administering the
small business development center
program. The centers shall provide technical,
financial, and
management consultation for small business and shall facilitate
access
to state and federal programs. These funds shall be used as
matching
funds for grants from the United States Small Business
Administration and
other federal
agencies, pursuant to Public Law
No. 96-302 (1980) as amended by
Public Law No. 98-395
(1984), and
regulations and policy guidelines for the programs under this law.
MINORITY BUSINESS DEVELOPMENT DIVISION
Of the foregoing appropriation item 195-405, Minority
Business Development
Division, up to $1,060,000 but not less than
$954,000 in each
fiscal year shall be used to fund
minority
contractors and
business assistance organizations. The Minority
Business
Development Division shall determine which cities need
minority
contractors and business assistance organizations by
utilizing
United States Census
Bureau data and zip codes to locate
the
highest
concentrations of minority
businesses. The Minority
Business
Development Division also shall determine
the numbers of
minority
contractors and business assistance organizations
necessary and
the amount of funding to be provided each. In
addition, the
Minority Business Development Division shall
continue to plan and
implement
business conferences.
Section 263.10.30. RAPID OUTREACH GRANTS
The foregoing appropriation item 195-412, Rapid Outreach
Grants, shall be used as an incentive for attracting
and
retaining
business opportunities for the state. Any such
business
opportunity, whether new, expanding, or relocating in
Ohio, is
eligible for funding. The project must create or retain
a
significant number of jobs for Ohioans. Grant awards may be
considered only when (1) the project's viability hinges on an
award of funds from appropriation item 195-412, Rapid Outreach
Grants; (2) all
other public
or private sources of financing have
been considered;
or (3) the
funds act as a catalyst for the
infusion into the
project of
other financing sources.
The department's primary goal shall be to award funds to
political subdivisions of the state for off-site infrastructure
improvements. In order to meet the particular needs of economic
development in a region, the department may elect to award funds
directly to a business for on-site infrastructure
improvements.
"Infrastructure improvements" mean
improvements to water
system
facilities, sewer and sewage
treatment facilities, electric
or gas
service facilities, fiber optic
facilities, rail
facilities, site
preparation, and parking
facilities. The
Director of Development
may recommend the funds be used in an
alternative manner when
considered appropriate to meet an
extraordinary economic
development
opportunity or need.
The foregoing appropriation item 195-412, Rapid Outreach
Grants, may be expended only after the submission of a
request to
the Controlling Board by the Department of Development
outlining
the planned use of the funds, and the subsequent
approval of the
request by the Controlling Board.
The foregoing appropriation item 195-412, Rapid Outreach
Grants, may be used for, but is not limited to,
construction,
rehabilitation, and acquisition projects for rail
freight
assistance as requested by the Department of
Transportation. The
Director of Transportation shall submit the
proposed projects to
the Director of Development for an
evaluation
of potential
economic benefit.
Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL
OFFICES
The foregoing appropriation item 195-415, Economic
Development Division and Regional Offices, shall be used for the
operating
expenses
of the Economic Development Division and the
regional
economic
development offices and for grants for
cooperative economic
development ventures.
Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA
The foregoing appropriation item 195-416, Governor's
Office
of
Appalachia,
shall be used for the administrative costs of
planning and
liaison activities
for the Governor's Office of
Appalachia, and to provide financial assistance to projects in
Ohio's Appalachian counties.
Of the foregoing appropriation item 195-416, Governor's
Office of
Appalachia,
up to $250,000 each fiscal year shall be
used to match
federal funds
from the Appalachian Regional
Commission to provide job
training to impact
the Appalachian
Region.
Of the foregoing appropriation item 195-416, Governor's
Office of Appalachia, up to $4,246,043 in each fiscal year shall
be used in conjunction with other federal and state funds to
provide financial assistance to projects in Ohio's Appalachian
counties in order to further the goals of the Appalachian Regional
Commission. The projects and project sponsors shall meet
Appalachian Regional Commission eligibility requirements. Grants
shall be administered by the Department of Development.
Section 263.10.60. THIRD FRONTIER ACTION FUND
The foregoing appropriation item 195-422, Third Frontier
Action Fund, shall be used to make grants under sections 184.01
and 184.02 of the Revised Code. Prior to the release of funds from
appropriation item 195-422, Third Frontier Action Fund, each grant
award shall be recommended for funding by the Third Frontier
Commission and obtain approval from the Controlling Board.
Of the foregoing appropriation item 195-422, Third Frontier
Action Fund, not more than
six per cent in each fiscal year shall
be
used
for
operating expenditures in
administering the program.
In addition to the six per cent for operating expenditures,
an additional administrative amount, not to exceed $1,500,000
within the biennium, shall be available for proposal evaluation,
research and analyses, and
marketing efforts considered necessary
to receive and disseminate
information about science and
technology-related opportunities in the state.
Of the foregoing appropriation item 195-422, Third Frontier
Action Fund, $2,000,000 in fiscal year 2008 shall be used by
Development Projects, Inc., for business and job creation
resulting
from Third Frontier investments.
SCIENCE AND TECHNOLOGY COLLABORATION
The Department of Development shall work in close
collaboration with the Board of Regents, the Air Quality
Development Authority, and the Third Frontier Commission in
relation to appropriation items and programs referred to as
Alignment Programs in the following paragraph, and other
technology-related appropriations and programs in the Department
of Development, Air Quality Development Authority, and the Board
of Regents as these agencies may designate, to ensure
implementation of a coherent state strategy with respect to
science and technology.
"Alignment Programs" means appropriation items 195-401,
Thomas Edison Program; 898-402, Coal Development Office; 195-422,
Third Frontier Action Fund; 898-604, Coal Research and Development
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force
Institute of Technology; 235-510, Ohio Supercomputer Center;
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;
235-535, Ohio Agricultural Research and Development Center;
235-553, Dayton Area Graduate Studies Institute; 235-554,
Priorities in Collaborative Graduate Education; 235-556, Ohio
Academic Resources Network; 195-435, Biomedical Research and
Technology Transfer Trust; 195-687, Third Frontier Research &
Development Projects; CAP-068, Third Frontier Project; and
195-692, Research & Development Taxable Bond Projects.
Consistent with the recommendations of the Governor's
Commission on Higher Education and the Economy, Alignment Programs
shall be managed and administered in accordance with the following
objectives: (1) to build on existing competitive research
strengths; (2) to encourage new and emerging discoveries and
commercialization of products and ideas that will benefit the Ohio
economy; and (3) to assure improved collaboration among Alignment
Programs with programs administered by the Third Frontier
Commission and with other state programs that are intended to
improve economic growth and job creation. As directed by the Third
Frontier Commission, Alignment Program managers shall report to
the Commission or the Third Frontier Advisory Board regarding the
contributions of their programs to achieving these objectives.
Each Alignment Program shall be reviewed annually by the
Third Frontier Commission with respect to its development of
complementary relationships within a combined state science and
technology investment portfolio, and with respect to its overall
contribution to the state's science and technology strategy,
including the adoption of appropriately consistent criteria for:
(1) the scientific merit of activities supported by the program;
(2) the relevance of the program's activities to commercial
opportunities in the private sector; (3) the private sector's
involvement in a process that continually evaluates commercial
opportunities to use the work supported by the program; and (4)
the ability of the program and recipients of grant funding from
the program to engage in activities that are collaborative,
complementary, and efficient with respect to the expenditures of
state funds. Each Alignment Program shall provide an annual report
to the Third Frontier Commission that discusses existing, planned,
or possible collaborations between programs and between recipients
of grant funding related to technology, development,
commercialization, and the support of Ohio's economic development.
The annual review conducted by the Third Frontier Commission shall
be a comprehensive review of the entire state science and
technology program portfolio rather than a review of individual
programs.
Applicants for Third Frontier and Alignment Programs funding
shall identify their requirements for high-performance computing
facilities and services, including both hardware and software, in
all proposals. If an applicant's requirements exceed approximately
$100,000 for a proposal, the Ohio Supercomputer Center shall
convene a panel of experts. The panel shall review the proposal to
determine whether the proposal's requirements can be met through
Ohio Supercomputer Center facilities or through other means and
report such information to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from
its investment in the Third Frontier Project and the Third
Frontier Network, organizations receiving Third Frontier awards
and Alignment Programs awards shall, as appropriate, be expected
to have a connection to the Third Frontier Network that enables
them and their collaborators to achieve award objectives through
the Third Frontier Network.
Section 263.10.70. INTERNATIONAL TRADE
The foregoing appropriation item 195-432, International
Trade, shall be used
to operate and to maintain Ohio's
out-of-state trade offices.
The Director of Development may enter into contracts with
foreign
nationals to staff foreign offices. The contracts may be
paid
in local currency or United States currency and shall be
exempt from section 127.16 of the Revised Code.
The director also
may
establish foreign currency accounts under section 122.05 of
the
Revised Code for the
payment
of expenses related to the
operation and maintenance of
the
foreign trade offices.
The foregoing appropriation item 195-432, International
Trade, shall be used to fund the International Trade Division and
to
assist Ohio manufacturers and agricultural producers in
exporting to
foreign countries in conjunction with the Department
of
Agriculture.
Of the foregoing appropriation item 195-432, International
Trade, up to $35,000 may be used to purchase gifts for
representatives of foreign governments or dignitaries of foreign
countries.
Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM
The foregoing appropriation
items 195-434, Investment in
Training
Grants, and 195-667, Investment in Training Expansion,
shall be used to promote training
through grants for the
reimbursement
of eligible training
expenses.
Of the foregoing appropriation item 195-434, Investment in
Training Grants, $300,000 in each fiscal year shall be used for
the Re-Tooling for Success Program at Washington State Community
College.
Section 263.10.90. CDBG OPERATING MATCH
The foregoing appropriation item 195-497, CDBG Operating
Match, shall be used to provide matching funds as requested by the
United States Department of Housing and Urban Development to
administer the federally funded Community Development Block Grant
(CDBG) program.
The foregoing appropriation item 195-498, State Match Energy,
shall be used to provide matching funds as required by the United
States Department of Energy to administer the federally funded
State Energy Plan.
Section 263.10.95. DEFENSE CONVERSION ASSISTANCE
Of the foregoing appropriation item 195-410, Defense
Conversion Assistance, $5,000,000 in fiscal year 2008 shall be
used by Development Projects, Inc., for the creation of new jobs
to leverage and support mission gains at Wright-Patterson Air
Force Base in defense intelligence, aerospace research, and
related areas from successful base realignment and closure
efforts.
Section 263.10.97. STATE FILM BUREAU
There is hereby created the State Film Bureau. The mission of
the Bureau shall be to promote media production in the state and
to help the industry optimize its production experience in the
state, including enhancing local economies through increased
employment and tax revenues and ensuring an accurate portrayal of
Ohio. The Bureau shall serve as an informational clearinghouse and
provide technical assistance to the media production industry and
business entities engaged in media production in the state. The
Bureau shall promote Ohio as the ideal site for media production
and help those in the industry benefit from their experience in
the state.
The primary objective of the Bureau shall be to encourage
development of a strong capital base for electronic media
production in order to achieve an independent, self-supporting
industry in Ohio. Other objectives shall include:
(A) Attracting private investment for the electronic media
production industry;
(B) Developing a tax infrastructure that encourages private
investment; and
(C) Encouraging increased employment opportunities within
this sector and increased competition with other states.
The State Film Bureau shall conduct a study of Ohio's media
production industry and make recommendations that lead to job
growth in that industry. The study shall identify and benchmark
Ohio's current and potential capabilities for growth in the
sectors and sub-sectors of commercial, industrial, education, and
entertainment media. The Bureau shall prepare a comprehensive
report of its findings, along with recommendations for private
sector and public policy initiatives that can lead to the future
growth of the media production industry in Ohio, increased job
opportunities, and the enhancement of Ohio's image as a desirable
place to do business.
Section 263.20.10. TRAVEL AND TOURISM GRANTS
The foregoing appropriation item 195-507, Travel and Tourism
Grants, shall be
used to provide grants to local organizations to
support various local
travel and tourism events in Ohio.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $50,000 in each fiscal year shall be used for the
Cleveland Film Bureau.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $50,000 in each fiscal year shall be used for the
Cincinnati Film Bureau.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $500,000 in each fiscal year shall be used for
grants to The International Center for the Preservation of Wild
Animals.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $50,000 in each fiscal year shall be used for the
Greater Cleveland Sports Commission.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $50,000 in each fiscal year shall be used for the
Greater Columbus Sports Commission.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $50,000 in fiscal year 2008 shall be used for the
Ohio Alliance of Science Centers.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $100,000 in each fiscal year shall be used for the
Harbor Heritage Society/Great Lakes Science Center in support of
operations of the Steamship William G. Mather Maritime Museum, and
$100,000 in each fiscal year shall be used for the Great Lakes
Historical Society.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the
Ohio Junior Angus Association to assist with costs associated with
hosting the Eastern Regional Junior Angus Show in June 2009.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $60,000 in each fiscal year shall be used for the
Ohio River Trails program.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $60,000 in each fiscal year shall be used to
support the outdoor drama "Tecumseh!"
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $25,000 in each fiscal year shall be used for
Ohio's Appalachian Country.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $25,000 in each fiscal year shall be used for the
Garst Museum.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, $10,000 in each fiscal year shall be used for the
Pro Football Hall of Fame Festival.
Section 263.10.12. SHOVEL READY SITES
The foregoing appropriation item 195-516, Shovel Ready Sites,
shall be used for Development Projects, Inc., for advanced
technical intelligence centers, the Springfield Port Authority,
and other qualifying projects under section 122.083 of the Revised
Code.
Section 263.20.13. OHIO MAIN STREET PROGRAM
Of the foregoing appropriation item 195-520, Ohio Main Street
Program, $500,000 in fiscal year 2008 shall be used for the
rebuilding and revitalization of downtown Wauseon following the
April 14, 2007, fire in that community. Such funds shall be used
by the mayor of Wauseon or the mayor's designee to provide grants
and matching grants to owners or their successors whose buildings
and property were damaged or destroyed by the fire. Such grants
shall only be used to supplement investments of owners or
successors who are rebuilding in the downtown location of the
fire.
Section 263.20.16. DISCOVER OHIO!
The foregoing appropriation item 195-521, Discover Ohio!,
shall be used by the Division of Travel and Tourism in the
Department of Development for marketing and promoting Ohio as a
tourism destination and for nonpersonnel costs associated with
operating such programs.
Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT
GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-905, Third Frontier
Research & Development General Obligation Debt Service, shall be
used to pay all debt service and related financing costs during
the period from July 1, 2007, to June 30, 2009, on obligations
issued for research and development purposes under sections 151.01
and 151.10 of the Revised Code.
JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-912, Job Ready Site
Development General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2007, to June 30, 2009, on obligations issued for job
ready site development purposes under sections 151.01 and 151.11
of the Revised Code.
Section 263.20.30. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. An
assessment shall be based on a plan submitted to and approved by
the Office of Budget and Management by August 1, 2007, and shall
contain the characteristics of
administrative ease and uniform
application.
A division's payments shall be credited to the Supportive
Services Fund (Fund 135) using an intrastate transfer voucher.
Of the foregoing appropriation item 195-684, Supportive
Services, $50,000 in fiscal year 2008 and $35,000 in fiscal year
2009 shall be used for Crawford County to hire a local economic
development coordinator.
WORKFORCE GUARANTEE PROGRAM
The foregoing appropriation item 195-668, Workforce Guarantee
Program, shall be used for the Workforce Guarantee Program.
Benefited employers must create at least 20 high-paying,
full-time jobs over a one-year period and must demonstrate prior
to the commitment of state funds that the availability of those
skilled workers is a major factor in the employer's decision to
locate or expand in Ohio. Customized training activities are
eligible for funding through the Workforce Guarantee Program.
The Director of Development, under Chapter 119. of the
Revised Code, shall adopt, and may amend or rescind, rules the
Director finds necessary for the implementation and successful
operation of the Workforce Guarantee Program.
ECONOMIC DEVELOPMENT CONTINGENCY
Of the foregoing appropriation item 195-677, Economic
Development Contingency, up to $19,400,000 shall be used by the
Third Frontier Commission in fiscal year 2009 for biomedical
research and technology transfer purposes under sections 184.01 to
184.03 of the Revised Code.
Of the foregoing appropriation item 195-677, Economic
Development Contingency, $1,500,000 in fiscal year 2008 shall be
used for Cleveland Hopkins International Airport projects to
support increased service and expand the existing hub, as defined
in 49 U.S.C. 40102, Infrastructure.
DIRECT COST RECOVERY EXPENDITURES
The foregoing appropriation item 195-636, Direct Cost
Recovery Expenditures, shall be used for conference and
subscription fees
and other reimbursable costs. Revenues to the
General
Reimbursement Fund (Fund 685) shall consist of fees and
other
moneys charged for conferences, subscriptions, and other
administrative costs that are not central service costs.
Section 263.20.40. HEAP WEATHERIZATION
Fifteen per cent of the federal funds received by the state
for
the Home
Energy Assistance Block Grant shall be deposited in
appropriation item 195-614, HEAP Weatherization (Fund
3K9), and
shall
be used to
provide home weatherization services in
the
state.
The Department of Development shall seek, and if approved
shall implement, a federal waiver to increase the percentage of
the Home Energy Block Grant that may be used for weatherization to
at least sixteen and one-half per cent in fiscal year 2008 and at
least seventeen and one-half per cent in fiscal year 2009. Upon
approval of the federal waiver, the Director of Development shall
seek Controlling Board approval to adjust appropriation items
195-611, Home Energy Assistance Block Grant, and 195-614, HEAP
Weatherization, as needed to implement the federal waiver.
The foregoing fund, Fund 4F2, State
Special
Projects Fund,
shall be used for the
deposit of
private-sector funds from utility
companies and for the deposit of other
miscellaneous state funds.
Private-sector moneys shall be used
to (1) pay the expenses of
verifying the income-eligibility of
HEAP applicants, (2) market
economic development opportunities in
the state, and (3) leverage
additional federal funds. State
funds
shall be used to match
federal housing grants for the
homeless and to market economic
development opportunities in the state.
Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the
Tax Incentive Programs Operating Fund (Fund 4S0). The Director
shall cancel any existing encumbrances against appropriation item
195-634, Job Creation Tax Credit Operating (Fund 4S1), and
re-establish them against appropriation item 195-630, Tax
Incentive Programs Operating (Fund 4S0). The amounts of the
re-established encumbrances are hereby appropriated.
Section 263.20.53. MINORITY BUSINESS DEVELOPMENT
ORGANIZATIONS
Notwithstanding Chapter 122. of the Revised Code and any
other law to the contrary, of the foregoing appropriation item
195-646, Minority Business Enterprise Loan, $300,000 in each
fiscal year shall be used to award grants of $150,000 each to two
minority business development organizations in the state. The
grants shall be awarded through a competitive process and shall be
used for efforts to build capacity and long term sustainability.
Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee
Program shall be
deposited in the State Treasury to the credit of
the Minority Business
Enterprise Loan Fund (Fund 4W1).
All operating costs of administering the Minority Business
Enterprise Loan
Fund shall be paid from the Minority Business
Enterprise Loan Fund (Fund 4WI).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code and other
provisions of Am. Sub.
H.B. 283 of the 123rd
General
Assembly, the Director of Development may, upon the
recommendation of the Minority Development Financing Advisory
Board, pledge up
to $10,000,000 in the FY 2008-2009 biennium of
unclaimed funds administered by
the Director of Commerce and
allocated to the Minority Business Bonding
Program under
section
169.05 of the Revised Code. The transfer of any
cash by
the
Director of Budget and Management from the Department of
Commerce's
Unclaimed
Funds Fund (Fund 543) to the Department of
Development's
Minority
Business Bonding Fund (Fund 449) shall
occur, if
requested by the Director of
Development, only if such
funds are
needed for payment of losses arising from
the Minority
Business
Bonding Program, and only after proceeds of the initial
transfer of $2,700,000
by the Controlling Board to the
Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the
Director of Budget and Management from the
Department of
Commerce for this purpose may be moneys in custodial
funds held by the
Treasurer of State. If expenditures are
required
for payment of losses
arising from the Minority Business
Bonding
Program,
such expenditures shall be made from
appropriation item
195-623, Minority
Business Bonding Contingency
in the Minority
Business Bonding Fund, and such
amounts are
appropriated.
Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING
The foregoing appropriation item 195-625, Economic
Development
Financing Operating, shall be used for the operating
expenses of
financial assistance programs authorized under Chapter
166. of
the Revised Code and under sections 122.43 and 122.45 of
the
Revised Code.
ALTERNATIVE FUEL TRANSPORTATION
The foregoing appropriation item 195-679, Alternative Fuel
Transportation, shall be used by the Director of Development to
make grants under the Alternative Fuel Transportation Grant Fund
Program in accordance with section 122.075 of the Revised Code,
and for administrative costs associated with the program.
Of the foregoing appropriation item 195-679, Alternative Fuel
Transportation, up to $1,000,000 in each fiscal year shall be used
to encourage retail gas stations to provide E85 and B20 (or
higher) fuel to customers in accordance with section 122.075 of
the Revised Code.
LOW INCOME ENERGY ASSISTANCE
The foregoing appropriation item 195-659, Low Income Energy
Assistance,
shall be used to provide payments to regulated
electric utility companies for low-income customers enrolled in
Percentage of Income Payment Plan (PIPP) electric accounts, to
fund targeted energy efficiency and customer education services to
PIPP customers, and to cover the department's administrative costs
related to Universal Service Fund Programs. If it is determined
that additional appropriations are necessary to provide payments
to regulated utility companies for low income customers enrolled
in PIPP electric accounts, such appropriations are subject to
approval by the Controlling Board upon the submission of a request
by the Department of Development.
The foregoing appropriation item 195-660, Advanced Energy
Programs, shall be used to provide financial assistance to
customers for eligible advanced energy projects for residential,
commercial and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in the Revised Code
and rules adopted by the Director of Development.
Of the foregoing appropriation item 195-660, Advanced Energy
Programs, up to $1,500,000 over the biennium shall be used for
methane digester projects in certified territories of electric
distribution utilities and elsewhere throughout the state.
Of the foregoing appropriation item 195-660, Advanced Energy
Programs, up to $250,000 in each fiscal year shall be used for
grants to school districts under section 3327.17 of the Revised
Code.
By July 1, 2007, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $90,485 in cash
from the Advanced Energy Fund (Fund 5M5) to the General Revenue
Fund for use by the Division of Geological Survey in the
Department of Natural Resources. The amount of the transfer is
hereby appropriated in GRF appropriation item 728-321, Division of
Geological Survey.
By July 1, 2008, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $64,557 in cash
from the Advanced Energy Fund (Fund 5M5) to the General Revenue
Fund for use by the Division of Geological Survey in the
Department of Natural Resources. The amount of the transfer is
hereby appropriated in GRF appropriation item 728-321, Division of
Geological Survey.
TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE
IMPROVEMENTS FUND
Notwithstanding Chapters 122. and 4928. of the Revised Code
and any other law to the contrary, the Director of Budget and
Management shall transfer $4,500,000 in cash in fiscal year 2008
and $4,500,000 in cash in fiscal year 2009 from the Advanced
Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund
(Fund 5AR).
Moneys in Fund 5AR, Industrial Site Improvements, shall be
used by the Director of Development to make grants to eligible
counties for the improvement of commercial or industrial areas
within those counties under section 122.951 of the Revised Code.
GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS
All payments received by the state pursuant to a series of
settlements with ten brokerage firms reached with the United
States Securities and Exchange Commission, the National
Association of Securities Dealers, the New York Stock Exchange,
the New York Attorney General, and other state regulators
(henceforth referred to as the "Global Analysts Settlement
Agreements"), shall be deposited into the state treasury to the
credit of the Economic Development Contingency Fund (Fund 5Y6),
which is hereby created in the state treasury. The fund shall be
used by the Director of Development to support economic
development projects for which appropriations would not otherwise
be available, and shall be subject to the submission of a request
to the Controlling Board by the Director outlining the planned use
of the funds, and the subsequent approval of the request by the
Controlling Board.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195-654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the
Volume Cap Administration Fund (Fund 617)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State.
INNOVATION OHIO LOAN FUND
The foregoing appropriation item 195-664, Innovation Ohio,
shall be used to provide for innovation Ohio purposes, including
loan guarantees and loans under Chapter 166. and particularly
sections 166.12 to 166.16 of the Revised Code.
The foregoing appropriation item 195-665, Research and
Development, shall be used to provide for research and development
purposes, including loans, under Chapter 166. and particularly
sections 166.17 to 166.21 of the Revised Code.
Section 263.20.75. TRANSFER FROM THE LOW- AND MODERATE-INCOME
HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND
Notwithstanding Chapter 175. of the Revised Code and any
other law to the contrary, the Director of Budget and Management
shall transfer $1,500,000 cash in fiscal year 2008 and $1,500,000
cash in fiscal year 2009 from the Low- and Moderate-Income Housing
Trust Fund (Fund 646) in the Department of Development to the
Residential State Supplement Fund (Fund 5CH) in the Department of
Mental Health.
Section 263.20.80. FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195-615, Facilities
Establishment (Fund 037), shall be used for the purposes of
the
Facilities Establishment Fund under Chapter 166. of the
Revised
Code.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$1,800,000 in cash each fiscal year may be
transferred from the
Facilities
Establishment Fund (Fund 037) to
the Economic
Development
Financing Operating Fund (Fund 451). The
transfer is
subject
to
Controlling Board approval under division
(B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$5,475,000 in cash each fiscal year may
be
transferred during the biennium from the
Facilities Establishment
Fund
(Fund 037) to the Urban
Redevelopment Loans Fund (Fund 5D2)
for the purpose of
removing
barriers to urban core redevelopment.
The Director of Development
shall develop program guidelines for
the transfer and release of
funds,
including, but not limited to,
the completion of all
appropriate
environmental assessments before
state assistance is
committed to a project. The transfers shall be
subject to approval by the Controlling Board upon the submission
of a request by the Department of Development.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$3,000,000 in cash each fiscal year
may be
transferred from the
Facilities
Establishment
Fund (Fund 037) to
the Rural
Industrial
Park Loan Fund (Fund
4Z6).
The transfer is
subject to Controlling
Board
approval under
section 166.03 of the
Revised Code.
Notwithstanding Chapter 166. of the Revised Code, of the
foregoing appropriation item 195-615, Facilities Establishment,
$1,500,000 in fiscal year 2008 shall be used for business
development by any current or future port authority located in
Clark County.
Notwithstanding Chapter 166. of the Revised Code, on July 1,
2007, or as soon as possible thereafter, the Director of Budget
and Management, at the request of the Director of Development,
shall transfer $5,719,325 cash from the Facilities Establishment
Fund (Fund 037) to the General Revenue Fund. Of the amount to be
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated
in appropriation item 195-412, Rapid Outreach Grants, and $366,825
in fiscal year 2008 is hereby appropriated in appropriation item
195-434, Investment in Training Grants.
Notwithstanding Chapter 166. of the Revised Code, on July 1,
2008, or as soon as possible thereafter, the Director of Budget
and Management, at the request of the Director of Development,
shall transfer $6,102,500 cash from the Facilities Establishment
Fund (Fund 037) to the General Revenue Fund. The amount
transferred is hereby appropriated in appropriation item 195-412,
Rapid Outreach Grants, for fiscal year 2009.
Notwithstanding Chapter 166. of the Revised Code, on the
first day of July of each year of the biennium, or as soon as
possible thereafter, the Director of Budget and Management, at the
request of the Director of Development, shall transfer $4,275,000
cash from the Facilities Establishment Fund (Fund 037) to the Job
Development Initiatives Fund (Fund 5AD). The amount transferred is
hereby appropriated in each fiscal year in appropriation item
195-677, Economic Development Contingency.
Notwithstanding Chapter 166. of the Revised Code, of the
foregoing appropriation item 195-615, Facilities Establishment,
$1,500,000 in fiscal year 2008 shall be used for the City of
Toledo's Marina District Development project. Disbursement of
funds for this purpose shall not take precedence over any existing
obligations from the Facilities Establishment Fund or any other
provision in this section.
ALTERNATIVE FUEL TRANSPORTATION GRANT FUND
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$1,000,000 in cash each fiscal year shall be
transferred from moneys in
the Facilities
Establishment Fund (Fund
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)
in the Department of Development.
RURAL DEVELOPMENT INITIATIVE FUND
(A)(1) The Rural Development Initiative Fund (Fund 5S8) is
entitled to
receive moneys from the Facilities Establishment Fund
(Fund 037). The
Director of Development may make grants from the
Rural Development Initiative Fund as specified
in division (A)(2)
of this section to eligible applicants in
Appalachian counties and
in rural counties in the state that are
designated as distressed
under section 122.25 of the Revised
Code. Preference shall be
given to eligible applicants located in
Appalachian counties
designated as distressed by the federal
Appalachian Regional
Commission. The Rural Development Initiative Fund (Fund 5S8) shall
cease to exist
after June 30, 2009. All moneys remaining in the
Fund after that
date shall revert to the Facilities Establishment
Fund (Fund 037).
(2) The Director of Development shall make grants from the
Rural Development Initiative Fund (Fund 5S8) only to eligible
applicants who
also qualify for and receive funding under the
Rural Industrial
Park Loan Program as specified in sections 122.23
to 122.27 of the
Revised Code. Eligible applicants shall use the
grants for the
purposes specified in section 122.24 of the Revised
Code. All
projects supported by grants from the fund are subject
to Chapter
4115. of the Revised Code as specified in division (E)
of section
166.02 of the Revised Code. The Director shall develop
program
guidelines for the transfer and release of funds. The
release of
grant moneys to an eligible applicant is subject to
Controlling
Board approval.
(B) Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to
exceed $3,000,000
in cash each fiscal year on an as-needed basis
at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Rural Development Initiative
Fund (Fund 5S8).
The transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
CAPITAL ACCESS LOAN PROGRAM
The foregoing appropriation item 195-628, Capital Access
Loan
Program, shall be used for operating, program, and
administrative
expenses of the program. Funds of the Capital
Access Loan
Program
shall be used to assist participating
financial
institutions in
making program loans to eligible
businesses that
face barriers in
accessing working capital and
obtaining fixed-asset financing.
Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to
exceed $3,000,000
in cash each fiscal year on an as-needed basis
at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Capital Access Loan Program
Fund (Fund 5S9).
The
transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
Section 263.20.90. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 195-663, Clean Ohio
Operating, shall be used by the Department of Development in
administering sections 122.65 to 122.658 of the Revised Code.
The foregoing appropriation item 195-686, Third Frontier
Operating, shall be used for operating expenses incurred by the
Department of Development in administering sections 184.10 to
184.20 of the Revised Code.
THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS AND RESEARCH &
DEVELOPMENT TAXABLE BOND PROJECTS
The foregoing appropriation items 195-687, Third Frontier
Research & Development Projects, and 195-692, Research &
Development Taxable Bond Projects, shall be used by the Department
of Development to fund selected projects pursuant to sections
184.10 to 184.20 of the Revised Code. These projects are
designated as costs of research and development projects to which
the proceeds of the Third Frontier Research and Development Fund
(Fund 011) and the Research & Development Taxable Bond Project
Fund (Fund 014) are to be applied.
Of the foregoing appropriation items 195-687, Third Frontier
Research and Development Projects, and 195-692, Research &
Development Taxable Bond Projects, up to $8,600,000 in fiscal year
2008, shall be used by the Office of Information Technology,
in
partnership with the Ohio Supercomputer Center's OSCnet, to
acquire the equipment and services necessary to migrate state
agencies' network to the existing OSCnet network backbone. This
state network shall be known as the NextGen Network.
The proposal for the NextGen Network shall be subject to the
process for rating and ranking of projects by the Third Frontier
Commission pursuant to Chapter 184. of the Revised Code. The
proposal shall compete among other proposals and be merit-selected
based upon existing criteria for all Third Frontier-eligible
projects. If selected by the Third Frontier Commission, funding
for the NextGen Network shall be subject to approval by the
Controlling Board.
Notwithstanding sections 184.10 to 184.20 of the Revised
Code, up to $20,000,000 in fiscal year 2009 from the total of the
amounts in appropriation items 195-687, Third Frontier Research &
Development Projects, and 195-692, Research & Development Taxable
Bond Projects, shall be used to fund the Ohio Research Scholars
Program in the Board of Regents pursuant to sections 3333.60 to
3333.70 of the Revised Code.
Notwithstanding sections 184.10 to 184.20 of the Revised
Code, at the direction of the Director of Budget and Management up
to $18,000,000 in each fiscal year from appropriation item
195-687, Third Frontier Research & Development Projects, and
appropriation item 195-692, Research & Development Taxable Bond
Projects, shall be used to fund the Research Incentive Program in
the Board of Regents.
On or before June 30, 2008, any unencumbered balances of the
foregoing appropriation items 195-687, Third Frontier Research &
Development Projects, and 195-692, Research & Development Taxable
Bond Projects, for fiscal year 2008 are hereby appropriated for
the same purposes for fiscal year 2009.
AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS
The Ohio Public Facilities Commission, upon request of the
Department of Development, is hereby authorized to issue and sell,
in accordance with Section 2p of Article VIII, Ohio Constitution,
and particularly sections 151.01 and 151.10 of the Revised Code,
original obligations of the State of Ohio in an aggregate amount
not to exceed $150,000,000. The authorized obligations shall be
issued and sold from time to time and in amounts necessary to
ensure sufficient moneys to the credit of the Third Frontier
Research & Development Fund (Fund 011) to pay costs of research
and development projects.
The foregoing appropriation item 195-688, Job Ready Site
Operating, shall be used for operating expenses incurred by the
Department of Development in administering sections 122.085 to
122.0820 of the Revised Code. Operating expenses include, but are
not limited to, certain expenses of the District Public Works
Integrating Committees, audit and accountability activities, and
costs associated with formal certifications verifying that site
infrastructure is in place and is functional.
Section 263.20.95. THIRD FRONTIER BIOMEDICAL RESEARCH AND
COMMERCIALIZATION PROGRAM
The General Assembly and the Governor recognize the role that
the biomedical industry has in job creation, innovation, and
economic development throughout Ohio. It is the intent of the
General Assembly, the Governor, the Director of Development and
the Director of Budget and Management to work together to continue
to provide comprehensive state support for the biomedical industry
as a whole through the Third Frontier Biomedical Research and
Commercialization Program.
Section 263.30.10. UNCLAIMED FUNDS TRANSFER
(A) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, prior to June 30, 2008,
shall transfer to the Job Development Initiatives Fund (Fund 5AD)
an amount not to exceed $5,000,000 in cash of the unclaimed funds
that have been reported by the holders of unclaimed funds under
section 169.05 of the Revised Code, regardless of the allocation
of the unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, upon the request of the Director of Budget and Management,
the Director of Commerce, prior to June 30, 2009, shall transfer
to the Job Development Initiatives Fund (Fund 5AD) an amount not
to exceed $24,400,000 in cash of the unclaimed funds that have
been reported by the holders of unclaimed funds under section
169.05 of the Revised Code, regardless of the allocation of the
unclaimed funds described under that section.
(B) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, prior to June 30, 2008,
shall transfer to the State Special Projects Fund (Fund 4F2) an
amount not to exceed $2,500,000 of the unclaimed funds that have
been reported by the holders of unclaimed funds under section
169.05 of the Revised Code, regardless of the allocation of the
unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, upon the request of the Director of Budget and Management,
the Director of Commerce, prior to June 30, 2009, shall transfer
to the State Special Projects Fund (Fund 4F2) an amount not to
exceed $2,500,000 in cash of the unclaimed funds that have been
reported by the holders of unclaimed funds under section 169.05 of
the Revised Code, regardless of the allocation of the unclaimed
funds described under that section.
Section 263.30.20. WORKFORCE DEVELOPMENT
The Director of Development and the Director of Job and
Family Services may enter into one or more interagency agreements
between the two departments, hire staff, transfer staff, assign
duties to staff, enter into contracts, transfer assets, and take
other actions the directors consider necessary to provide services
and assistance as necessary to integrate workforce development
into a larger economic development strategy, to implement the
recommendations of the Workforce Policy Board, and to perform
activities related to the transition of the administration of
employment programs identified by the board. Subject to the
approval of the Director of Budget and Management, the Department
of Development and the Department of Job and Family Services may
expend funds to support the recommendations of the Workforce
Policy Board in the area of integration of employment functions as
described in this paragraph and to provide implementation and
transition activities from the appropriations to those
departments.
Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE
EDUCATION AND PHYSICIAN RETENTION IN NW OH
(A) Whereas, There is a physician shortage, particularly in
certain specialties, that is predicted to worsen within the next
decade; and
Whereas, This shortage may worsen as a result of, among other
factors, fewer than ten per cent of new graduates from the
University of Toledo who choose to continue their training in
northwest Ohio; and
Whereas, Many of the problems confronting physician training
at the graduate medical education level are already manifest in
northwest Ohio; and
Whereas, It is prudent to examine the physician shortage
using northwest Ohio as a microcosm for the entire state of Ohio;
now therefore be it
Resolved by the Ohio General Assembly that there is hereby
created the Commission on the Future of Health Care Education and
Physician Retention in NW OH.
(B) The Commission shall be composed of the following
members:
(1) Six representatives of health care providers in northwest
Ohio, none of whom shall be from the same organization;
(2) Six representatives of the health care profession in
northwest Ohio, composed of the following individuals:
(a) One from the College of Medicine at the University of
Toledo;
(b) One from the northwest Ohio chapter of the Ohio Nurses
Association;
(c) One from the Academy of Medicine of Toledo and Lucas
County;
(d) One from the Northwest Ohio Pediatric Society;
(e) One geriatric medicine physician; and
(f) One osteopathic physician affiliated with Ohio University
College of Osteopathic Medicine.
(3) Three representatives from northwest Ohio business and
labor organizations, composed of the following individuals:
(a) One from the Toledo Area Regional Chamber of Commerce;
(b) One from the labor community of northwest Ohio; and
(c) One from the health insurance industry.
(4) Three representatives of health care consumers in
northwest Ohio, none of whom shall be currently employed or
affiliated with a health system or health insurer.
(5) Nine representatives of state and local government,
composed of the following individuals:
(a) Two members of the Ohio House of Representatives, one
from the minority party and one from the majority party;
(b) Two members of the Ohio Senate, one from the minority
party and one from the majority party;
(c) One township trustee of northwest Ohio;
(d) Two representatives of northwest Ohio municipal
corporations, only one of whom shall be from the City of Toledo;
(e) Two representatives of county commissioners, only one of
whom shall be from Lucas County.
(C) Members of the committee shall be appointed as follows:
(1) For those members described in divisions (B)(1) and (2)
of this section, two each by the Governor, the Speaker of the
House of Representatives, and the President of the Senate;
(2) For those members described in divisions (B)(3) and (4)
of this section, one each by the Governor, the Speaker of the
House of Representatives, and the President of the Senate;
(3) For those members described in division (B)(5), three
each by the Governor, the Speaker of the House of Representatives,
and the President of the Senate.
(D) Members of the Commission shall be appointed not later
than 30 days after the effective date of this section and shall
first meet not later than 30 days after all appointments have been
made. At its first meeting, the commission shall elect from among
its members who are members of the Senate and House of
Representatives a chairperson and vice-chairperson.
Members of the commission shall serve without compensation,
but may solicit on behalf of the Commission public and private
funds to defray any costs of the Commission. The Commission shall
meet at the call of the chairperson to conduct its official
business. A majority of members shall constitute a quorum and a
quorum shall be necessary to conduct any activities of the
Commission.
(E) The Toledo Community Foundation or a similar organization
shall provide meeting space and administrative support for the
Commission. The Ohio Board of Regents shall serve as a resource to
the Commission.
(F) The Commission shall prepare a report that examines and
makes recommendations regarding the graduate medical education
system in northwest Ohio, including:
(1) Ways to increase the number and retention of medical
graduates in northwest Ohio;
(2) The status of the health care workforce in northwest
Ohio;
(3) The role of the University of Toledo in the health care
education of the surrounding region;
(4) Potential changes in federal and state statutes and rules
regarding Medicaid support of graduate medical education; and
(5) Policy initiatives that the Governor and General Assembly
may consider to strengthen graduate medical education
opportunities and physician retention in northwest Ohio.
(G) The Commission shall, not later than nine months after
the effective date of this section, submit to the Governor and
General Assembly the report and recommendations prepared under
division (F) of this section. On submission of the report, the
Commission shall cease to exist.
Section 265.10. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K9 |
860-609 |
|
Operating Expenses |
|
$ |
342,501 |
|
$ |
348,964 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
342,501 |
|
$ |
348,964 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
342,501 |
|
$ |
348,964 |
Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND
CONFLICT MANAGEMENT
GRF |
145-401 |
|
Commission Operations |
|
$ |
455,123 |
|
$ |
460,000 |
TOTAL GRF General Revenue Fund |
|
$ |
455,123 |
|
$ |
460,000 |
General Services Fund Group
4B6 |
145-601 |
|
Dispute Resolution Programs |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL GSF General Services Fund Group |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
595,123 |
|
$ |
600,000 |
Section 269.10. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
11,533,494 |
|
$ |
12,110,169 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
4,549,479 |
|
$ |
4,778,203 |
GRF |
200-408 |
|
Early Childhood Education |
|
$ |
31,002,195 |
|
$ |
36,502,195 |
GRF |
200-410 |
|
Educator Training |
|
$ |
19,628,817 |
|
$ |
20,628,817 |
GRF |
200-416 |
|
Career-Technical Education Match |
|
$ |
2,233,195 |
|
$ |
2,233,195 |
GRF |
200-420 |
|
Computer/Application/ Network Development |
|
$ |
5,536,362 |
|
$ |
5,793,700 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
14,910,665 |
|
$ |
13,110,665 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
3,360,572 |
|
$ |
3,375,572 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
556,687 |
|
$ |
556,687 |
GRF |
200-425 |
|
Tech Prep Consortia Support |
|
$ |
2,069,217 |
|
$ |
2,069,217 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
30,446,197 |
|
$ |
30,446,197 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
7,197,730 |
|
$ |
7,197,730 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
21,589,235 |
|
$ |
21,924,235 |
GRF |
200-433 |
|
Literacy Improvement-Professional Development |
|
$ |
15,515,000 |
|
$ |
15,515,000 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
77,150,819 |
|
$ |
76,187,144 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
7,096,040 |
|
$ |
8,223,540 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,302,495 |
|
$ |
1,302,495 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
16,110,510 |
|
$ |
16,586,082 |
GRF |
200-447 |
|
GED Testing |
|
$ |
1,544,360 |
|
$ |
1,544,360 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
1,301,000 |
|
$ |
1,301,000 |
GRF |
200-455 |
|
Community Schools |
|
$ |
1,533,661 |
|
$ |
1,533,661 |
GRF |
200-457 |
|
STEM Initiatives |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
424,783,117 |
|
$ |
429,030,948 |
GRF |
200-503 |
|
Bus Purchase
Allowance |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
8,998,025 |
|
$ |
8,998,025 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,669,738 |
|
$ |
8,669,738 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
131,740,457 |
|
$ |
135,692,670 |
GRF |
200-514 |
|
Postsecondary Adult Career-Technical Education |
|
$ |
19,481,875 |
|
$ |
19,481,875 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
47,608,030 |
|
$ |
48,008,613 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
59,810,517 |
|
$ |
61,604,832 |
GRF |
200-536 |
|
Ohio Core Support |
|
$ |
7,700,000 |
|
$ |
15,125,000 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
138,869,945 |
|
$ |
140,006,839 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
9,298,651 |
|
$ |
9,373,926 |
GRF |
200-550 |
|
Foundation Funding |
|
$ |
5,761,699,328 |
|
$ |
6,034,943,246 |
GRF |
200-566 |
|
Literacy Improvement-Classroom Grants |
|
$ |
12,062,336 |
|
$ |
12,062,336 |
GRF |
200-578 |
|
Violence Prevention and School Safety |
|
$ |
1,218,555 |
|
$ |
1,218,555 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
794,583,404 |
|
$ |
850,868,654 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
21,415,244 |
|
$ |
10,707,622 |
TOTAL GRF General Revenue Fund |
|
$ |
7,748,106,952 |
|
$ |
8,092,712,743 |
General Services Fund Group
138 |
200-606 |
|
Computer Services-Operational Support |
|
$ |
7,600,091 |
|
$ |
7,600,091 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
832,000 |
|
$ |
832,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
5,966,032 |
|
$ |
6,323,994 |
452 |
200-638 |
|
Miscellaneous Educational Services |
|
$ |
273,166 |
|
$ |
279,992 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
529,761 |
|
$ |
529,761 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,201,050 |
|
$ |
33,565,838 |
Federal Special Revenue Fund Group
3AF |
200-603 |
|
Schools Medicaid Administrative Claims |
|
$ |
486,000 |
|
$ |
639,000 |
3BK |
200-628 |
|
Longitudinal Data Systems |
|
$ |
1,795,570 |
|
$ |
307,050 |
3BV |
200-636 |
|
Character Education |
|
$ |
700,000 |
|
$ |
700,000 |
3CF |
200-644 |
|
Foreign Language Assistance |
|
$ |
85,000 |
|
$ |
285,000 |
3CG |
200-646 |
|
Teacher Incentive Fund |
|
$ |
6,552,263 |
|
$ |
3,994,338 |
3C5 |
200-661 |
|
Early Childhood Education |
|
$ |
18,989,779 |
|
$ |
18,989,779 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
13,347,966 |
|
$ |
13,347,966 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
6,573,968 |
|
$ |
6,665,000 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
275,000 |
|
$ |
275,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
244,714,211 |
|
$ |
249,903,970 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
63,927,606 |
|
$ |
69,041,814 |
3L8 |
200-619 |
|
Child/Adult Food Programs |
|
$ |
69,280,946 |
|
$ |
70,691,653 |
3L9 |
200-621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
3M0 |
200-623 |
|
ESEA Title 1A |
|
$ |
415,000,000 |
|
$ |
420,000,000 |
3M1 |
200-678 |
|
Innovative Education |
|
$ |
5,369,100 |
|
$ |
5,363,706 |
3M2 |
200-680 |
|
Individuals with Disabilities Education Act |
|
$ |
500,000,000 |
|
$ |
405,000,000 |
3S2 |
200-641 |
|
Education Technology |
|
$ |
10,000,000 |
|
$ |
5,000,000 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
13,850,827 |
|
$ |
14,212,922 |
3Y2 |
200-688 |
|
21st Century Community Learning Centers |
|
$ |
30,681,554 |
|
$ |
30,681,554 |
3Y4 |
200-632 |
|
Reading First |
|
$ |
35,215,798 |
|
$ |
31,215,798 |
3Y6 |
200-635 |
|
Improving Teacher Quality |
|
$ |
102,692,685 |
|
$ |
102,698,246 |
3Y7 |
200-689 |
|
English Language Acquisition |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
3Y8 |
200-639 |
|
Rural and Low Income Technical Assistance |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3Z2 |
200-690 |
|
State
Assessments |
|
$ |
12,883,799 |
|
$ |
12,883,799 |
3Z3 |
200-645 |
|
Consolidated Federal Grant Administration |
|
$ |
8,500,000 |
|
$ |
8,500,000 |
309 |
200-601 |
|
Educationally Disadvantaged Programs |
|
$ |
12,750,000 |
|
$ |
8,750,000 |
366 |
200-604 |
|
Adult
Basic Education |
|
$ |
19,425,000 |
|
$ |
20,396,250 |
367 |
200-607 |
|
School Food Services |
|
$ |
5,849,748 |
|
$ |
6,088,737 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
710,373 |
|
$ |
745,892 |
369 |
200-616 |
|
Career-Technical Education Federal Enhancement |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
370 |
200-624 |
|
Education of Exceptional Children |
|
$ |
1,811,520 |
|
$ |
575,454 |
374 |
200-647 |
|
Troops to Teachers |
|
$ |
100,000 |
|
$ |
100,000 |
378 |
200-660 |
|
Learn and Serve |
|
$ |
1,561,954 |
|
$ |
1,561,954 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,665,660,368 |
|
$ |
1,571,144,583 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Operational Support |
|
$ |
5,449,748 |
|
$ |
5,810,464 |
4V7 |
200-633 |
|
Interagency Operational Support |
|
$ |
392,100 |
|
$ |
376,423 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
400,000 |
|
$ |
400,000 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
5BB |
200-696 |
|
State Action for Education Leadership |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
5BJ |
200-626 |
|
Half-Mill Maintenance Equalization |
|
$ |
10,700,000 |
|
$ |
10,700,000 |
5U2 |
200-685 |
|
National Education Statistics |
|
$ |
300,000 |
|
$ |
300,000 |
5W2 |
200-663 |
|
Early Learning Initiative |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
598 |
200-659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
620 |
200-615 |
|
Educational Improvement Grants |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
49,020,758 |
|
$ |
49,365,797 |
Lottery Profits Education Fund Group
017 |
200-612 |
|
Foundation Funding |
|
$ |
666,198,000 |
|
$ |
667,900,000 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
22,702,000 |
|
$ |
0 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
688,900,000 |
|
$ |
667,900,000 |
Revenue Distribution Fund Group
047 |
200-909 |
|
School District Property Tax Replacement-Business |
|
$ |
611,596,856 |
|
$ |
763,316,819 |
053 |
200-900 |
|
School District Property Tax Replacement-Utility |
|
$ |
91,123,523 |
|
$ |
91,123,523 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
702,720,379 |
|
$ |
854,440,342 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,887,609,507 |
|
$ |
11,269,129,303 |
Section 269.10.10. PERSONAL SERVICES
The foregoing appropriation item 200-100, Personal Services,
may be used to pay fees for the Department's membership in the
Education Commission of the States, an interstate nonprofit,
nonpartisan organization that supports states with the development
of education policy.
Of the foregoing appropriation item 200-100, Personal
Services, up to $25,000 may be expended in each fiscal year for
the State Board of Education to pay for outside professionals to
help inform the Board on topics of education policy.
Section 269.10.20. EARLY CHILDHOOD EDUCATION
The Department of Education shall distribute the foregoing
appropriation item
200-408, Early Childhood Education,
to pay the
costs of early childhood education
programs.
(A) As used in this section:
(1) "Provider" means a
city, local, exempted village, or
joint
vocational school district,
or an educational
service
center.
(2) In the case of a city, local, or exempted village school
district, "new eligible provider" means a district that is
eligible for poverty-based assistance under section 3317.029 of
the Revised Code.
(3) "Eligible child" means a child who is at least three
years of age, is not of the age to be eligible for kindergarten,
and whose family earns not more than two hundred per cent of the
federal poverty guidelines.
(B) In each fiscal year, up to two per cent of the
total
appropriation may be used by the Department for
program support
and technical assistance. The Department shall distribute the
remainder of the appropriation in each fiscal year to serve
eligible children.
(C) The Department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, and the
President of the Senate and post the report to the Department's
web site, regarding early childhood education programs operated
under this section and the early learning program guidelines for
school readiness.
(D) After setting aside the amounts to make payments due from
the previous fiscal year, in fiscal year 2008, the Department
shall distribute funds first to recipients of funds for early
childhood education programs under Section 206.09.06 of Am. Sub.
H.B. 66 of the 126th General Assembly in the previous fiscal year
and the balance to new eligible providers of early childhood
education programs under this section. However, the total amount
of funds distributed in fiscal year 2008 to all providers that
received funds for early childhood education programs in fiscal
year 2007 shall not exceed $18,622,151, unless the number of new
eligible providers that notifies the Department of their interest
in establishing early childhood education programs is insufficient
to expend all available funding. In that case, the Department may
direct available funding to providers that received funds for
early childhood education programs in fiscal year 2007 for
purposes of program expansion, improvement, or special projects to
promote quality and innovation.
After setting aside the amounts to make payments due from the
previous fiscal year, in fiscal year 2009, the Department shall
distribute funds first to providers of early childhood education
programs under this section in the previous fiscal year and the
balance to new eligible providers. However, the total amount of
funds distributed in fiscal year 2009 to all providers that
received funds for early childhood education programs in fiscal
year 2007 shall not exceed $18,622,151, unless the number of
providers that received funding in fiscal year 2008 and new
eligible providers that notify the Department of their interest in
establishing early childhood education programs is insufficient to
expend all available funding. In that case, the Department may
direct available funding to providers that received funds for
early childhood education programs in fiscal year 2007 or 2008 for
purposes of program expansion, improvement, or special projects to
promote quality and innovation.
In each of fiscal years 2008 and 2009, if funding is
insufficient to serve all new eligible providers that notify the
Department of their interest in establishing early childhood
education programs, the Department shall determine which of those
providers will receive funds using a selection process that first
gives preference to providers that, as of March 15, 2007, did not
offer early childhood education programs, but that had offered
early childhood education programs or public preschool programs
for some time after June 30, 2000, and second to providers that
demonstrate a need for early childhood education programs, as
determined by the Department. Demonstration of need shall include
having higher rates of eligible children to be served.
Awards under this section shall be distributed on a per-pupil
basis, and in accordance with division (H) of this section. The
Department may adjust the per-pupil amount so that the per-pupil
amount multiplied by the number of eligible children enrolled and
receiving services, as defined by the Department, reported on the
first day of December or the first business day following that
date equals the amount allocated under this section.
(E) Costs for developing and administering an early childhood
education
program
may not exceed fifteen per cent of the total
approved
costs of the
program.
All providers shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved provider
for purposes provided in the program unless, as described in
division (J) of this section, the program waives its right for
funding or a program's funding is eliminated or reduced due to its
inability to meet financial or early learning program guidelines
for school readiness. The approved provider
shall
administer and
use such property and funds for the purposes
specified.
(F) The Department may examine a provider's financial and
program records. If the financial practices of the program are not
in accordance with standard accounting principles or do not meet
financial standards outlined under division (E) of this section,
or if the program fails to substantially meet the early learning
program guidelines for school readiness or exhibits below average
performance as measured against the guidelines, the early
childhood education program shall propose and implement a
corrective action plan that has been approved by the Department.
The approved corrective action plan shall be signed by the chief
executive officer and the executive of the official governing body
of the provider. The corrective action plan shall include a
schedule for monitoring by the Department. Such monitoring may
include monthly reports, inspections, a timeline for correction of
deficiencies, and technical assistance to be provided by the
Department or obtained by the early childhood education program.
The Department may withhold funding pending corrective action. If
an early childhood education program fails to satisfactorily
complete a corrective action plan, the Department may deny
expansion funding to the program or withdraw all or part of the
funding to the program and establish a new eligible provider
through a selection process established by the Department.
(G) Each early childhood education program shall do all of
the following:
(1) Meet teacher qualification requirements prescribed by
section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards;
(3) Meet any assessment requirements prescribed by section
3301.0715 of the Revised Code that are applicable to the program;
(4) Require teachers, except teachers enrolled and working to
obtain a degree pursuant to section 3301.311 of the Revised Code,
to attend a minimum of twenty hours every two years of
professional development as prescribed by the Department regarding
the implementation of early learning program guidelines for school
readiness;
(5) Document and report child progress;
(6) Meet and report compliance with the early learning
program guidelines for school readiness;
(7) Participate in early language and literacy classroom
observation evaluation studies.
(H) This division applies only to early childhood education
programs established on or after March 15, 2007.
Per-pupil funding for programs subject to this division shall
be sufficient to provide eligible children with services for
one-half of the statewide average length of the school day, as
determined by the Department, for one hundred eighty-two days each
school year. Nothing in this section shall be construed to
prohibit program providers from utilizing other funds to serve
eligible children in programs that exceed the statewide average
length of the school day or that exceed one hundred eighty-two
days in a school year.
(I) Each provider shall develop a sliding fee scale
based on
family
incomes and shall charge families
who earn more than the
federal poverty guidelines for the early childhood education
program.
(J) If an early childhood education program voluntarily
waives its right for funding, or has its funding eliminated for
not meeting financial standards or the early learning program
guidelines for school readiness, the provider shall transfer
control of title to property, equipment, and remaining supplies
obtained through the program to providers designated by the
Department and return any unexpended funds to the Department along
with any reports prescribed by the Department. The funding made
available from a program that waives its right for funding or has
its funding eliminated or reduced may be used by the Department
for new grant awards or expansion grants. The Department may award
new grants or expansion grants to eligible providers who apply.
The eligible providers who apply must do so in accordance with the
selection process established by the Department.
(K) As used in this section, "early learning program
guidelines for school readiness" means the guidelines established
by the Department pursuant to division (C)(3) of Section 206.09.54
of Am. Sub. H.B. 66 of the 126th General Assembly.
Section 269.10.30. EDUCATOR TRAINING
The foregoing appropriation item 200-410, Educator Training,
shall be used to fund professional development programs in Ohio.
The Department of Education shall, when possible, incorporate
cultural competency as a component of professional development and
actively promote the development of cultural competency in the
operation of its professional development programs. As used in
this section, "cultural competency" has the meaning specified by
the Educator Standards Board under section 3319.61 of the Revised
Code.
Of the foregoing appropriation item 200-410, Educator
Training, up to $9,250,000 in fiscal year 2008 and up to
$10,250,000 in fiscal year 2009 shall be used by the Department of
Education to provide grants to pay $2,225 of the application fee
in order to assist teachers from public and chartered nonpublic
schools applying for the first time to the National Board for
Professional Teaching Standards for professional teaching
certificates or licenses that the board offers. These moneys shall
be used
to pay up to the first 400
applications in each fiscal
year received
by the Department. This set aside shall also be used
to recognize and reward
teachers who become certified
by the
National Board for Professional Teaching Standards under section
3319.55 of the
Revised Code. Up to $300,000 in each fiscal year of
this set aside may be used by the Department to pay for costs
associated with activities to support candidates through the
application and certification process. Up to $39,500 of this set
aside in each fiscal year may be used to support the application
fee for candidates participating in the Take One program for
beginning teachers in years two and three.
Of the foregoing appropriation item 200-410, Educator
Training, up to
$9,515,817 in each fiscal year shall be allocated
for entry year teacher
and principal programs.
These funds shall
be used to support mentoring services and performance assessments
of beginning teachers and principals in school districts and
chartered nonpublic schools.
Of the foregoing appropriation item 200-410, Educator
Training, up to $200,000 in each fiscal year shall be used to
provide technical assistance and grants for districts to develop
local knowledge/skills-based compensation systems. Each district
receiving grants shall issue an annual report to the Department of
Education detailing the use of the funds and the impact of the
system developed by the district.
Of the foregoing appropriation item 200-410, Educator
Training, up to $350,000 in each fiscal year shall be used for
training and professional development of school administrators,
school treasurers, and school business officials.
Of the foregoing appropriation item 200-410, Educator
Training, up to $63,000 in each fiscal year shall be used to
support the Ohio University Leadership Program.
Of the foregoing appropriation item 200-410, Educator
Training, $250,000 in each fiscal year shall be used to support
the Ohio School Leadership Institute.
Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH
The foregoing appropriation item 200-416, Career-Technical
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds under 20 U.S.C.
2311.
COMPUTER/APPLICATION/NETWORK DEVELOPMENT
The foregoing appropriation item 200-420,
Computer/Application/Network
Development, shall be used to support
the development and
implementation of information technology
solutions
designed to
improve the performance
and services of the
Department of
Education. Funds may be used for personnel,
maintenance, and
equipment costs related to the development and
implementation of
these technical system projects.
Implementation
of these systems
shall allow the Department to
provide greater
levels of assistance
to school districts and to provide more
timely information
to the
public, including school districts,
administrators, and
legislators. Funds may also be used to support
data-driven decision-making and differentiated instruction, as
well as to communicate academic content standards and curriculum
models to schools through web-based applications.
Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $6,227,310 in each fiscal year
shall be
used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the
Revised Code as
it
existed prior to July 1, 1998, and up to $6,161,074 in each
fiscal
year shall be used for the renewal
of successful
implementation grants and for competitive
matching grants to rural
and suburban
school districts for
alternative educational programs
for existing
and new
at-risk and
delinquent youth. Programs shall
be focused
on youth in one or
more of the following categories:
those who
have been expelled or
suspended,
those who have dropped
out of
school or who are at risk
of dropping out of
school, those
who are
habitually truant or
disruptive, or those on probation
or
on
parole from a Department
of Youth Services
facility. Grants
shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs in which
the grant will not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $272,281 in each fiscal year may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $100,000 in each fiscal year shall be used to
support the Toledo Tech Academy. Of this amount, $25,000 in each
fiscal year shall be used by the Toledo Tech Academy to enhance
and establish For Inspiration and Recognition in Science and
Technology programs. (F.I.R.S.T.)
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $2,000,000 in fiscal year 2008 shall be used
to support Improved Solutions for Urban Students (ISUS).
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $100,000 in each fiscal year shall be provided
to the Cincinnati Arts and Technology Center to increase program
support for high-risk teens and unemployed urban adults.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $50,000 in fiscal year 2008 and $250,000 in
fiscal year 2009 shall be used for the administration of the
Special Education Scholarship Pilot Program established under
section 3310.52 of the Revised Code.
Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, up to $1,715,000 in each fiscal year shall
be used by the Auditor of State in consultation with the
Department of Education for expenses incurred in the Auditor of
State's role relating to
fiscal caution, fiscal watch, and fiscal
emergency activities as defined in Chapter 3316. of the
Revised
Code and may also be used to conduct performance audits with
priority given to districts in fiscal distress. Expenses include
duties related to the completion of
performance audits for school
districts that the Superintendent of
Public Instruction determines
are employing fiscal practices or
experiencing budgetary
conditions that could produce a state of
fiscal watch or fiscal
emergency.
Of the foregoing appropriation item 200-422, School
Management Assistance, up to $250,000 in each fiscal year shall be
used by the Department of Education to work with school districts
and entities that serve school districts to develop and deploy
analytical tools that allow districts and other stakeholders to
analyze more thoroughly district spending patterns in order to
promote more effective and efficient use of resources. Quarterly
updates of the progress for implementation of these tools shall be
provided to the Governor, and the Department shall give due
diligence to implementing these tools in the shortest reasonable
timeline.
The remainder of foregoing appropriation item 200-422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
Section 269.10.70. POLICY ANALYSIS
The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
TECH PREP CONSORTIA SUPPORT
The foregoing appropriation item 200-425, Tech Prep
Consortia
Support, shall be used by the Department of Education to
support
state-level activities designed to support, promote, and
expand
tech prep programs. Use of these funds shall include, but
not be
limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan under section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $18,136,691 in each fiscal year shall be
used by the Department of
Education to support connection of
all
public school buildings and participating chartered nonpublic
schools to
the state's education network, to each other, and to
the Internet.
In each fiscal year the Department of Education
shall use these
funds to assist information technology centers or
school districts
with the operational costs
associated with this
connectivity. The
Department
of Education shall develop a formula
and guidelines for
the distribution of
these funds to information
technology centers or
individual school districts. As used in this
section,
"public
school building" means a school building of any
city, local,
exempted village, or joint vocational school
district, any
community school established under Chapter 3314. of
the Revised
Code, any educational service center building used for
instructional purposes, the Ohio School for the Deaf and the Ohio
School for the Blind, or high schools chartered by the Ohio
Department of Youth Services and high schools operated by Ohio
Department of Rehabilitation and Corrections' Ohio Central School
System.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $2,469,223 in each fiscal year shall be
used for the Union Catalog
and InfOhio Network and to support the
provision of electronic resources with priority given to resources
that support the teaching of state academic content standards in
all public schools. Consideration shall be given by the Department
of Education to coordinating the allocation of these moneys with
the efforts of Libraries Connect Ohio, whose members include
OhioLINK, the Ohio Public Information Network, and the State
Library of Ohio.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $8,338,468 in each fiscal year shall be
used, through a formula and guidelines devised by the
Department,
to subsidize the activities of
designated information technology
centers, as defined by State Board of
Education rules, to provide
school districts and chartered
nonpublic schools with
computer-based student and teacher
instructional and
administrative information services, including
approved
computerized financial accounting, and to ensure the
effective
operation of local automated administrative and
instructional
systems.
The remainder of appropriation item 200-426, Ohio Educational
Computer Network, shall be used to support development,
maintenance, and operation of a network of uniform and compatible
computer-based information and instructional systems. This
technical assistance shall include, but not be restricted to,
development and maintenance of adequate computer software systems
to support network activities. In order to improve the efficiency
of network activities, the
Department and information technology
centers may jointly purchase
equipment, materials, and services
from funds provided under this
appropriation for use by the
network and, when considered
practical by the Department, may
utilize the services of
appropriate state purchasing agencies.
Section 269.10.90. ACADEMIC STANDARDS
Of the foregoing appropriation item 200-427, Academic
Standards, $150,000 in each fiscal year shall be used by the
Department in combination with funding earmarked for this purpose
in the Board of Regents' budget under appropriation item 235-321,
Operating Expenses. Such funding shall be used to support Ohio's
Partnership for Continued Learning at the direction of the Office
of the Governor. Ohio's Partnership for Continued Learning
replaces and broadens the former Joint Council of the Department
of Education and the Board of Regents. The Partnership shall
advise and make recommendations to promote collaboration among
relevant state entities in an effort to help local communities
develop coherent and successful "P-16" learning systems. The
Governor, or the Governor's designee, shall serve as the
chairperson.
Of the foregoing appropriation item 200-427, Academic
Standards, $1,000,000 in each fiscal year shall be used for
Project Lead the Way leadership and management oversight and
initial and continuing support of Project Lead the Way workforce
development programs in participating school districts.
Of the foregoing appropriation item 200-427, Academic
Standards, $50,000 in each fiscal year shall be provided to the
Art Academy of Cincinnati to support technology needs for the
annual operation of its undergraduate, graduate, and noncredit
programs and for administrative staff support.
The remainder of appropriation item 200-427, Academic
Standards,
shall be used by the Department of Education to
develop, revise, and
communicate to school districts academic
content standards and curriculum models. The Department may also
use the remainder to develop program models that demonstrate how
the academic content standards can be implemented in high school
classrooms and to offer online continuing education courses. The
Department of Education may also use the remainder to support the
coordination of Physical Education standards.
Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, $450,000 in each fiscal year shall be
used for Ohio's Rural Appalachian Leadership Development
Initiative.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $601,165 in each fiscal year shall
be used by the Department of Education to support educational
media centers to provide Ohio public schools with instructional
resources and services, with priority given to resources and
services aligned with state academic content standards.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
up to $10,387,835 in each fiscal year
shall be
used to support districts in the development and
implementation of their continuous improvement plans as
required
in
section 3302.04 of the Revised Code and to provide technical
assistance and support in accordance with Title I of the "No Child
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This
funding shall serve as a supplement to the funds provided under
division (K) of section 3317.029 of the Revised Code, which
represents state support for school improvement initiatives that
assist school districts in closing the achievement gap.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $236,250 in each fiscal year shall
be used to reduce the dropout rate by addressing the academic and
social problems of inner-city students through Project GRAD.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $7,988,985 in fiscal year 2008 and
up to $8,323,985 in fiscal year 2009 shall be used to redesign
high schools and improve urban schools. This funding may be used
for a pilot program in partnership with nonprofit groups with
expertise in converting existing large urban high schools into
small, personalized high schools. Districts eligible for such
pilot funding include the Urban 21 high schools, as defined in
division (O) of section 3317.02 of the Revised Code as it existed
prior to July 1, 1998. The funding may also be used for
administrative costs to redesign high schools and improve urban
schools and in conjunction with funding provided in the Board of
Regents' budget under appropriation item 235-434, College
Readiness and Access, to create early college high schools, which
are small, autonomous schools that blend high school and college
into a coherent educational program. The funds for early college
high schools shall be distributed according to guidelines
established by the Department of Education and the Board of
Regents.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $75,000 in each fiscal year shall
be provided to Southern State Community College for the Pilot
Post-Secondary Enrollment Options Program with Miami Trace High
School.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, $1,000,000 in each fiscal year shall be
used to support Jobs for Ohio Graduates (JOG). The Department of
Education shall require a two-to-one match of local funding to
state funding before releasing these funds to JOG.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $600,000 in each fiscal year shall
be used by the Department of Education to support start-up costs
for gaining business and industry credentialing program
accreditation and to support the development of a data collection
system across the numerous industry test providers. Funds shall
also be used to help subsidize the cost of student participation
in industry assessments, provide research on industry assessments
for alignment to industry-established content standards, provide
professional development opportunities for educators, and prepare
schools and adult centers to organize for credential alignment and
delivery.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, $250,000 in each fiscal year shall be
used to support Amer-I-Can.
Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL
DEVELOPMENT
Of the foregoing appropriation item 200-433, Literacy
Improvement-Professional Development, up to $9,290,000 in each
fiscal year shall be used
for educator training in literacy for
classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Literacy
Improvement-Professional Development, up to $5,000,000 in each
fiscal year shall be used to support literacy professional
development partnerships between the Department of Education,
higher education institutions, literacy networks, and school
districts.
Of the foregoing appropriation item 200-433, Literacy
Improvement - Professional Development, $900,000 in each
fiscal
year shall be used by the Department of Education to fund
the
Reading Recovery Training Network, to cover the cost of
release
time for the teacher trainers, and to provide grants to
districts
to implement other reading improvement programs on a
pilot basis.
Funds from this set-aside also may be used to conduct
evaluations
of the impact and effectiveness of Reading Recovery
and other
reading improvement programs.
Of the foregoing appropriation item 200-433, Literacy
Improvement-Professional Development, $100,000 in each fiscal year
shall be provided to the Contemporary Arts Center for art
education for children and a children's museum.
The remainder of appropriation item 200-433, Literacy
Improvement-Professional Development, shall be used by the
Department of Education to provide administrative support of
literacy professional development programs. Upon approval of the
Controlling Board, the Department may also use the remainder to
contract with an external evaluator on the effectiveness of
literacy professional development initiatives in the academic
achievement of students.
Of the foregoing appropriation item 200-437, Student
Assessment, up to $207,364 in fiscal year 2008 and up to $212,486
in fiscal year 2009 may be used to support the assessments
required under section 3301.0715 of the Revised Code.
The remainder of appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
report results, and support other associated
costs for the tests required
under sections
3301.0710 and
3301.0711 of
the Revised Code and for similar
purposes as required
by section
3301.27 of the Revised Code. If funds remain in this
appropriation after these purposes have been fulfilled, the
Department may use the remainder of the appropriation to develop
end-of-course exams.
Section 269.20.30. ACCOUNTABILITY/REPORT CARDS
Of the foregoing appropriation item 200-439,
Accountability/Report Cards, up to $3,028,540 in each fiscal year
shall be used to train district and regional specialists and
district educators in the use of the value-added progress
dimension and in the use of data as it relates to improving
student achievement. This funding shall be used in consultation
with a credible nonprofit organization with expertise in
value-added progress dimensions.
The remainder of appropriation item 200-439,
Accountability/Report Cards, shall be used by the Department to
incorporate a statewide pilot value-added progress dimension into
performance ratings for school districts and for the development
of an accountability system that includes the preparation and
distribution of school report cards under section 3302.03 of the
Revised Code.
The foregoing appropriation item 200-442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs under
sections 3301.52 to 3301.59
of the Revised Code.
Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to
improve the
Education Management
Information System
(EMIS).
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,338,620 in fiscal year
2008 and up to $1,372,085 in fiscal year 2009
shall be distributed
to designated information technology centers for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $8,256,569 in fiscal year
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed
on a per-pupil basis
to school districts, community schools
established under Chapter
3314. of the Revised Code, educational
service centers, joint
vocational school districts, and any other
education entity that reports data through EMIS. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 in each fiscal year. Each
school
district or community school established under Chapter
3314. of
the Revised Code with enrollment between one and one
hundred and
each
educational service center and each county board of
MR/DD
that submits data through EMIS shall receive $3,000 in each fiscal
year. This subsidy shall be used for costs relating to reporting,
processing, storing, transferring, and exchanging data necessary
to meet requirements of the Department of Education's data system.
The remainder of appropriation item 200-446, Education
Management Information System, shall be used to develop and
support a common core of data definitions and standards as adopted
by the Education Management Information System Advisory Board,
including the ongoing development and maintenance of the data
dictionary and data warehouse. In addition, such funds shall be
used to support the development and implementation of data
standards and the design, development, and implementation of a new
data exchange system.
Any provider of software meeting the standards approved by
the Education Management Information System Advisory Board shall
be designated as an approved vendor and may enter into contracts
with local school districts, community schools, information
technology centers, or other educational entities for the purpose
of collecting and managing data required under Ohio's education
management information system (EMIS) laws. On an annual basis, the
Department of Education shall convene an advisory group of school
districts, community schools, and other education-related entities
to review the Education Management Information System data
definitions and data format standards. The advisory group shall
recommend changes and enhancements based upon surveys of its
members, education agencies in other states, and current industry
practices, to reflect best practices, align with federal
initiatives, and meet the needs of school districts.
School districts and community schools not implementing a
common and uniform set of data definitions and data format
standards for Education Management Information System purposes
shall have all EMIS funding withheld until they are in compliance.
Section 269.20.50. GED TESTING
The foregoing appropriation item 200-447, GED Testing, shall
be used to provide General Educational
Development (GED) testing
at no cost to applicants,
under
rules adopted by the State Board
of Education. The Department
of
Education shall reimburse school
districts and community schools,
created
under Chapter 3314. of
the Revised Code,
for
a portion of the costs incurred in providing
summer instructional
or
intervention services to students who have
not graduated because of
their
inability to pass one or more parts
of the state's Ohio Graduation Test or ninth
grade proficiency
test. School districts shall also provide such
services to
students who are
residents of the district under
section 3313.64
of the Revised Code, but
who are enrolled in
chartered, nonpublic
schools. The services shall be
provided in
the public school, in
nonpublic schools, in public centers, or in
mobile units located
on or off the nonpublic school premises. No
school
district shall
provide summer instructional or intervention
services to
nonpublic
school students as authorized by this
section unless such services
are available to students attending
the public schools within the
district.
No school district shall
provide services for use in
religious courses,
devotional
exercises, religious training, or
any other religious activity.
Chartered, nonpublic schools shall
pay for any unreimbursed costs
incurred by school districts for
providing summer instruction or
intervention services to
students
enrolled in chartered, nonpublic
schools. School
districts may
provide these services to students
directly or
contract with
postsecondary or nonprofit
community-based institutions in
providing instruction.
Section 269.20.60. EDUCATOR PREPARATION
The foregoing appropriation item 200-448, Educator
Preparation, may be used by the Department to support the Educator
Standards Board under section 3319.61 of the Revised Code as it
develops and recommends to the State Board of Education standards
for educator training and standards for teacher and other school
leadership positions. Any remaining funds may be used by the
Department to develop alternative preparation programs for school
leaders.
Section 269.20.70. COMMUNITY SCHOOLS
Of the foregoing appropriation item 200-455, Community
Schools, up
to $1,308,661 in each fiscal year may be used by the
Department of Education for additional
services and
responsibilities under section 3314.11 of the Revised
Code.
Of the foregoing appropriation item 200-455, Community
Schools, up to $225,000 in each fiscal year may be used by the
Department of Education for developing and conducting training
sessions for sponsors and prospective sponsors of community
schools as prescribed in division (A)(1) of section 3314.015 of
the Revised Code. In developing the training sessions, the
Department shall collect and disseminate examples of best
practices used by sponsors of independent charter schools in Ohio
and other states.
Of the foregoing appropriation item 200-457, STEM
Initiatives, up to $3,000,000 in each fiscal year shall be
provided as grants to STEM schools.
Of the foregoing appropriation item 200-457, STEM
Initiatives, up to $3,283,000 in each fiscal year shall be used to
support STEM Programs of Excellence.
Of the foregoing appropriation item 200-457, STEM
Initiatives, $350,000 in each fiscal year shall be used to support
the Young Buckeye STEM Scholars After School and Summer Program
designed by the Ohio Academy of Science.
Of the foregoing appropriation item 200-457, STEM
Initiatives, up to $2,600,000 in each fiscal year shall be used
for mathematics initiatives that include, but are not limited to,
intensive teacher professional development institutes that focus
on classroom implementation of the mathematics standards.
Of the foregoing appropriation item 200-457, STEM
Initiatives, $200,000 in each fiscal year may be used to support
the Ohio Resource Center for Math and Science.
Of the foregoing appropriation item 200-457, STEM
Initiatives, up to $282,000 in each fiscal year shall be used for
the JASON Expedition project that provides statewide access to
JASON Expedition content. Funds shall be used to provide
professional development training for teachers participating in
the project, statewide management, and a seventy-five per cent
subsidy for statewide licensing of JASON Expedition content with
priority given to content aligned with state academic content
standards for approximately 90,000 middle school students
statewide.
Of the foregoing appropriation item 200-457, STEM
Initiatives, $285,000 in each fiscal year shall be used for
science initiatives that include, but are not limited to, the Ohio
Science Institute (OSCI).
Section 269.20.80. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $830,624 in fiscal year 2008 and up to
$838,930 in fiscal year 2009 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
Department. Up to $59,870,514 in fiscal year 2008 and up to
$60,469,220 in fiscal year 2009 may be used by the Department of
Education for special education transportation
reimbursements to
school districts and county MR/DD boards for transportation
operating costs as provided in division (J) of section 3317.024 of
the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code.
Notwithstanding the distribution formula outlined in division
(D) of section 3317.022 of the Revised Code, each school district
shall receive an additional one per cent in state funding for
transportation in fiscal year 2008 over what was received in
fiscal year 2007, and the local share of transportation costs that
is used in the calculation of the charge-off supplement under
section 3317.0216 of the Revised Code and the excess cost
supplement under division (F) of section 3317.022 of the Revised
Code for each school district in fiscal year 2008 shall be
increased by one per cent from that used in calculations in fiscal
year 2007.
Notwithstanding the distribution formula outlined in division
(D) of section 3317.022 of the Revised Code, each school district
shall receive an additional one per cent in state funding for
transportation in fiscal year 2009 over what was received in
fiscal year 2008, and the local share of transportation costs that
is used in the calculation of the charge-off supplement under
section 3317.0216 of the Revised Code and the excess cost
supplement under division (F) of section 3317.022 of the Revised
Code for each school district in fiscal year 2009 shall be
increased by one per cent from that used in calculations in fiscal
year 2008.
School districts not receiving state funding for
transportation in fiscal year 2005 under division (D) of section
3317.022 of the Revised Code shall not receive state funding for
transportation in fiscal year 2008 or fiscal year 2009.
Section 269.20.83. Not later than December 31, 2008, the
Department of Education shall complete a study and submit to the
General Assembly in accordance with section 101.68 of the Revised
Code a report of findings regarding, and legislative and other
recommendations for enhancing regional collaboration among school
districts, educational service centers, community schools, and
nonpublic schools in the provision of pupil transportation. The
study shall include the role of educational service centers in
providing pupil transportation. In conducting the study, the
Department shall consult with the state regional alliance advisory
board created by section 3312.11 of the Revised Code.
Section 269.20.90. BUS PURCHASE ALLOWANCE
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts,
educational
service
centers, and county MR/DD boards pursuant to
rules adopted
under
section 3317.07 of the Revised Code. Up to
28 per cent of
the
amount appropriated may be used to reimburse
school districts
and
educational service centers for the purchase of buses to
transport
students with disabilities and nonpublic school students
and to county MR/DD boards, the Ohio School for the Deaf, and the
Ohio School for the Blind for the purchase of buses to transport
students with disabilities.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Section 269.30.10. ADULT LITERACY EDUCATION
The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program.
Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $488,037 in each fiscal
year shall be used
for
the support and operation
of
the State Literacy Resource Center.
Of the foregoing appropriation item 200-509, Adult Literacy
Education, up to $175,000 in each fiscal year shall be used for
state reimbursement to school districts for adult high school
continuing education programs under section 3313.531 of the
Revised Code or for costs associated with awarding adult high
school diplomas under section 3313.611 of the Revised Code.
Of the foregoing appropriation item 200-509, Adult Literacy
Education, $130,000 in each fiscal year shall be used to support
initiatives for English as a Second Language programs. Funding
shall be distributed as follows: $60,000 in each fiscal year for
Jewish Community Federation of Cleveland, $25,000 in each fiscal
year for Yassenoff Jewish Community Center of Columbus, $30,000 in
each fiscal year for Jewish Family Services of Cincinnati, and
$15,000 in each fiscal year for Jewish Family Services of Dayton.
The remainder of the appropriation shall be used to continue
to satisfy the
state
match and maintenance of effort requirements
for the support and
operation of the
Department of
Education-administered
instructional grant program
for adult basic
and literacy education
in accordance with the
Department's state
plan for adult basic and
literacy education as
approved by the
State Board of Education and
the Secretary of the
United States
Department of Education.
Section 269.30.20. AUXILIARY SERVICES
The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the Department of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $2,060,000 in fiscal year 2008 and up to
$2,121,800 in fiscal year 2009 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students.
Notwithstanding section
3365.10 of the Revised Code, the
Department, in accordance with Chapter 119. of the Revised Code,
shall adopt rules governing the distribution method for these
funds.
POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION
Of the foregoing appropriation item 200-514, Postsecondary
Adult Career-Technical Education, $40,000 in each fiscal year
shall be used for statewide coordination of the activities of the
Ohio Young Farmers.
The remainder of appropriation item 200-514, Postsecondary
Adult Career-Technical Education, shall be used by the State Board
of Education to provide postsecondary adult career-technical
education under sections 3313.52 and 3313.53 of the Revised Code.
Section 269.30.30. GIFTED PUPIL PROGRAM
The foregoing appropriation item 200-521, Gifted Pupil
Program, shall be used
for gifted education units not to exceed
1,110 in
each fiscal year under division (L) of section 3317.024
and
division (F) of section
3317.05 of
the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, up to
$4,747,000 in fiscal year 2008 and up to $4,794,470
in fiscal year 2009 may
be used as an additional
supplement for
identifying gifted
students under Chapter 3324. of the
Revised
Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $1,015,858
in fiscal
year 2008 and up to $1,026,017 in fiscal year 2009 for
the Summer Honors Institute, including funding for the Martin
Essex Program, which shall be awarded through a request for
proposals process.
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT
The foregoing appropriation item 200-532, Nonpublic
Administrative Cost Reimbursement, shall be used by the Department
of Education for the purpose of implementing section
3317.063 of
the Revised Code.
Section 269.30.40. OHIO CORE SUPPORT
The foregoing appropriation item 200-536, Ohio Core Support,
shall be used to support implementation of the Ohio Core Program,
which requires establishment of a rigorous high school curriculum
for Ohio's high school students. The Department of Education and
the Board of Regents shall jointly plan and work collaboratively
to guide implementation of the Ohio Core Program and to administer
funding to eligible school districts, fiscal agents, individuals,
and programs as determined under this section. The Department of
Education and the Board of Regents shall jointly agree to the
awarding and expenditure of funds appropriated in this section.
Of the foregoing appropriation item 200-536, Ohio Core
Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000
in fiscal year 2009 shall be used to support the participation of
teachers licensed in Ohio and mid-career professionals not
currently employed by a school district or chartered nonpublic
school or licensed to teach at the primary or secondary education
levels in a twelve-month intensive training program that leads to
teacher licensure in a laboratory-based science, advanced
mathematics, or foreign language field at the secondary education
level and employment with an Ohio school district school
designated by the Department of Education as a hard to staff
school.
Of the foregoing appropriation item 200-536, Ohio Core
Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000
in fiscal year 2009 shall be used to support alternative teacher
licensure programs developed by educational service centers in
partnership with institutions of higher education. Participants
shall be teachers licensed in Ohio and mid-career professionals
not currently employed by a school district or chartered nonpublic
school or licensed to teach at the primary or secondary education
levels. Programs shall support teacher licensure in a
laboratory-based science, advanced mathematics, or foreign
language field at the secondary education level and employment
with an Ohio school district school designated by the Department
of Education as a hard to staff school. The programs shall be
consistent with the State Board of Education's alternative
licensure requirements.
Of the foregoing appropriation item 200-536, Ohio Core
Support, up to $3,600,000 in each fiscal year shall be distributed
to school districts, and to public fiscal agents on behalf of
chartered nonpublic schools, to be used to obtain contracted
instruction with institutions of higher education in advanced
mathematics, laboratory-based science, or foreign language for
public and chartered nonpublic high school students that results
in dual high school and college credit. Costs shall be based upon
reasonable expenses that institutions of higher education could
incur for faculty, supplies, and other associated costs.
Of the foregoing appropriation item 200-536, Ohio Core
Support, up to $5,675,000 in fiscal year 2009 shall be distributed
to public school districts for supplemental post-secondary
enrollment option participation. The Partnership for Continued
Learning shall make program recommendations by October 31, 2007,
to the Department of Education and the Board of Regents to remove
school district barriers to participation and improve the quality
of course offerings, ensuring that credit earned at institutions
of higher education will apply toward high school graduation
requirements and associate or baccalaureate degree requirements.
Eligibility requirements and grant amounts awarded to school
districts in fiscal year 2009 for the program shall be determined
by criteria established by the Department of Education in
collaboration with the Board of Regents and the Partnership for
Continued Learning.
Of the foregoing appropriation item 200-536, Ohio Core
Support, $750,000 in fiscal year 2009 shall be used for Advanced
Placement (AP) Summer Institutes for one hundred fifty English,
social studies, and foreign language teachers and six hundred
science and mathematics teachers.
Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$2,906,875 in each fiscal year
shall
be used for home
instruction
for
children with disabilities; up to
$1,462,500 in each fiscal year
shall be used for parent mentoring
programs;
and up
to
$2,783,396
in each fiscal year may be
used
for
school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $750,000 in each fiscal year shall be used
for the Out of School Initiative of Sinclair Community College.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $200,000 shall be used for a preschool
special education pilot program in Bowling Green City School
District.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $200,000 in each fiscal year shall be used
to support the Bellefaire Jewish Children's Bureau.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $82,707,558 in fiscal year 2008 and
up to $83,371,505 in fiscal year 2009 shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units under
section 3317.052 of
the Revised
Code. To the greatest
extent possible, the
Department of
Education
shall allocate these
units to school
districts and
educational
service centers.
The Department may reimburse county MR/DD boards, educational
service centers, and school districts for services provided by
instructional assistants, related services as defined in rule
3301-51-11 of the Administrative Code, physical therapy services
provided by a licensed physical therapist or physical therapist
assistant under the supervision of a licensed physical therapist
as required under Chapter 4755. of the Revised Code and Chapter
4755-27 of the Administrative Code and occupational therapy
services provided by a licensed occupational therapist or
occupational therapy assistant under the supervision of a licensed
occupational therapist as required under Chapter 4755. of the
Revised Code and Chapter 4755-7 of the Administrative Code.
Nothing in this section authorizes occupational therapy assistants
or physical therapist assistants to generate or manage their own
caseloads.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and
report
results annually. The reporting dates and method shall be
determined by the Department.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $650,000 in each fiscal year shall
be
used for the Collaborative Language and Literacy Instruction
Project.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $325,000 in each fiscal year shall be used
by the Ohio Center for Autism and Low Incidence to contract with
the Delaware-Union Educational Service Center for the provision of
autism transition services.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $75,000 in each fiscal year shall be used
for Leaf Lake/Geauga Educational Assistance Funding.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $650,000 in each fiscal year shall be used
to support Project More for one-to-one reading mentoring.
The remainder of appropriation item 200-540, Special
Education Enhancements, shall be used to
fund
special education
and related services at
county boards of mental
retardation and
developmental disabilities for
eligible students
under section
3317.20 of the
Revised Code and at
institutions for eligible
students under section 3317.201 of the Revised Code.
Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,509,152 in fiscal year 2008 and
up to $2,584,427 in fiscal year 2009 shall
be used to fund
career-technical
education units at
institutions.
Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to $2,621,507 in each fiscal year shall
be
used by the
Department of Education to fund
competitive grants
to
tech prep
consortia that expand the number of students
enrolled
in
tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs, including equipment, provided
to
students enrolled in
school
districts, including joint
vocational
school districts, and
affiliated higher education
institutions.
Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,401,000 in each fiscal year shall
be
used by the Department of Education to
support
existing High
Schools That Work
(HSTW) sites,
develop and support new
sites,
fund technical assistance, and
support regional
centers and
middle
school programs. The purpose
of HSTW is to
combine
challenging
academic courses and modern
career-technical
studies to
raise the
academic achievement
of students.
HSTW provides
intensive
technical assistance, focused
staff
development,
targeted
assessment services, and ongoing
communications and
networking
opportunities.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to $466,992 in each fiscal year shall
be allocated for the Ohio Career Information System (OCIS) and
used for the dissemination of career information data to public
schools, libraries, rehabilitation centers, two- and four-year
colleges and universities, and other governmental units.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to $300,000 in each fiscal year shall
be
used by the Department of Education to enable students in
agricultural programs to enroll in a fifth quarter of instruction
based on the agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall determine
eligibility criteria and
the reporting process for the Agriculture 5th Quarter Project
and
shall fund as many programs as possible given the set aside.
Section 269.30.70. FOUNDATION FUNDING
The foregoing appropriation item 200-550, Foundation Funding,
includes $75,000,000 in each fiscal year for the state education
aid offset due to the change in public utility valuation as a
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd
General Assembly. This amount represents the total state
education
aid offset due to the valuation change for school
districts and
joint vocational school districts from all relevant appropriation
line item sources. Upon certification by the
Department of
Education, in consultation with the Department of Taxation, to the
Director of Budget and
Management of the actual state aid offset,
the cash transfer from Fund 053, appropriation item 200-900,
School District Property Tax Replacement - Utility, shall be
decreased or increased by the Director of Budget and Management to
match the certification in accordance with section 5727.84 of the
Revised Code.
The foregoing appropriation item 200-550, Foundation Funding,
includes $58,000,000 in fiscal year 2008 and $145,000,000 in
fiscal year 2009 for the state education aid offset because of the
changes in tangible personal property valuation as a result of Am.
Sub. H.B. 66 of the 126th General Assembly. This amount represents
the total state education aid offset because of the valuation
change for school districts and joint vocational school districts
from all relevant appropriation item sources. Upon certification
by the Department of Education of the actual state education aid
offset to the Director of Budget and Management, the cash transfer
from Fund 047, appropriation item 200-909, School District
Property Tax Replacement - Business, shall be decreased or
increased by the Director of Budget and Management to match the
certification in accordance with section 5751.21 of the Revised
Code.
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to $425,000 shall be expended in each fiscal year for
court payments under section 2151.357 of the
Revised Code; an
amount shall be available
in each fiscal year to fund up to
225
full-time
equivalent approved GRADS teacher grants under division
(N)
of section 3317.024 of the Revised Code; an amount shall be
available in each fiscal year to make
payments to school
districts
under division (A)(3) of section 3317.022
of the
Revised Code; an
amount shall be available in each fiscal year to
make payments to
school districts under division (F) of
section 3317.022 of the
Revised Code; and up
to $30,000,000 in
each fiscal year shall be
reserved for
payments under sections 3317.026,
3317.027,
and
3317.028 of
the Revised Code
except that the
Controlling
Board may
increase
the $30,000,000
amount if presented
with such a
request
from the
Department of
Education.
Of the
foregoing
appropriation item
200-550, Foundation
Funding,
up to
$19,770,000 in fiscal year 2008 and up to
$20,545,200 in fiscal year 2009 shall be used to
provide
additional
state aid to school districts for special
education
students under division (C)(3) of section 3317.022
of the
Revised
Code, except that the Controlling Board may increase these amounts
if presented with such a request from the Department of Education
at the final meeting of the fiscal year; up to $2,000,000 in each
fiscal year shall
be reserved for Youth Services tuition payments
under
section 3317.024 of the Revised Code; and
up to $52,000,000
in
each fiscal year shall be
reserved to fund the state
reimbursement
of educational service centers
under section 3317.11
of the
Revised Code and the section of this act entitled
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be
available for special education weighted funding under division
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16
of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation
Funding, an amount shall be available in each fiscal year to be
used by the Department of Education for transitional aid for
school districts and joint vocational school districts. Funds
shall be distributed under the sections of this act entitled
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL
DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL
DISTRICTS."
Of the foregoing appropriation item 200-550, Foundation
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section of this act entitled "PRIVATE
TREATMENT FACILITY PROJECT."
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to
$3,700,000 in each fiscal year
shall be used for
school breakfast
programs. Of this amount, up to
$900,000
shall be
used in each fiscal
year by the Department of Education to
contract with the Children's Hunger Alliance to expand access to
child nutrition programs consistent with the organization's
continued ability to meet specified performance measures as
detailed in the contract. Of this amount, the Children's Hunger
Alliance shall use at least $150,000 in each fiscal year to
subcontract with an appropriate organization or organizations to
expand summer food participation in underserved areas of the
state, consistent with those organizations' continued ability to
meet specified performance measures as detailed in the
subcontracts. The
remainder of
the appropriation shall be used to
partially
reimburse
school buildings within school districts that
are required to have
a
school breakfast program under section
3313.813 of the
Revised Code, at
a rate decided by the Department.
Of the foregoing appropriation item 200-550, Foundation
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860
in fiscal year 2009 shall be used to operate the school choice
program in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code.
Of the portion of the funds distributed to the Cleveland
Municipal
School
District under this section, up to
$11,901,887 in
each fiscal year shall be used to operate the school
choice
program
in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation
Funding, $3,312,165 in each fiscal year shall be used in
conjunction with funding appropriated under appropriation item
200-431, School Improvement Initiatives, to help support districts
in the development and implementation of their continuous
improvements plans and provide technical assistance and support in
accordance with Title I of the No Child Left Behind Act of 2001.
The remaining portion of appropriation item 200-550,
Foundation
Funding, shall be
expended for the public
schools of
city,
local, exempted village,
and joint vocational school
districts,
including base-cost
funding,
special education
speech
service enhancement funding,
career-technical
education weight
funding, career-technical
education associated service
funding,
teacher training and experience
funding, charge-off supplement,
and excess cost supplement under sections
3317.022, 3317.023,
3317.0216, and
3317.16 of
the Revised Code.
Appropriation items 200-502, Pupil Transportation,
200-521,
Gifted Pupil Program,
200-540, Special Education Enhancements, and
200-550, Foundation Funding, other
than specific set-asides, are
collectively used in each fiscal year to pay state
formula aid
obligations for school districts and joint vocational
school
districts under Chapter 3317. of the Revised Code.
The first
priority of these appropriation items, with the
exception of
specific set-asides, is to fund state formula aid
obligations
under Chapter 3317. of the Revised Code. It may be
necessary to
reallocate funds among these appropriation items or use excess
funds from other general revenue fund appropriation items in the
Department of Education's budget in each fiscal year, in
order to
meet state formula aid obligations. If it is determined
that it is
necessary to transfer funds among these appropriation
items or to
transfer funds from other General Revenue Fund appropriations in
the Department of Education's budget to meet state formula aid
obligations, the Department of
Education shall seek approval from
the Controlling Board to
transfer funds as needed.
Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND
EXEMPTED VILLAGE SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within
appropriation item 200-550, Foundation Funding, for transitional
aid in each fiscal year to each qualifying city, local, and
exempted village school district.
For fiscal years 2008 and 2009, the Department shall pay
transitional aid to each city, local, or exempted village school
district that experiences any decrease in its SF-3 funding for the
current fiscal year from its transitional aid guarantee base for
the current fiscal year. The amount of the transitional aid
payment shall equal the difference between the district's SF-3
funding for the current fiscal year and its transitional aid
guarantee base for the current fiscal year.
(B)(1) Subject to divisions (B)(3) and (C) of this section,
the transitional aid guarantee base for each city, local, and
exempted village school district for fiscal year 2008 equals the
sum of the following as computed for fiscal year 2007, as
reconciled by the Department:
(a) Base-cost funding under division (A) of section 3317.022
of the Revised Code;
(b) Special education and related services additional
weighted funding under division (C)(1) of section 3317.022 of the
Revised Code;
(c) Speech services funding under division (C)(4) of section
3317.022 of the Revised Code;
(d) Vocational education additional weighted funding under
division (E) of section 3317.022 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of
the Revised Code;
(f) Adjustments for classroom teachers and educational
service personnel under divisions (B), (C), and (D) of section
3317.023 of the Revised Code;
(g) Poverty-Based Assistance under section 3317.029 of the
Revised Code;
(h) Gifted education units under division (L) of section
3317.024 and section 3317.05 of the Revised Code;
(i) Transportation under Section 206.09.21 of Am. Sub. H.B.
66 of the 126th General Assembly, as subsequently amended;
(j) The excess cost supplement under division (F) of section
3317.022 of the Revised Code;
(k) Parity aid under section 3317.0217 of the Revised Code;
(l) The reappraisal guarantee under division (C) of section
3317.04 of the Revised Code;
(m) The charge-off supplement under section 3317.0216 of the
Revised Code;
(n) Transitional aid under Section 206.09.39 of Am. Sub. H.B.
66 of the 126th General Assembly, as subsequently amended.
(2) Subject to divisions (B)(3) and (C) of this section, the
transitional aid guarantee base for each city, local, and exempted
village school district for fiscal year 2009 equals the sum of the
following as computed for fiscal year 2008, as reconciled by the
Department:
(a) Base-cost funding under division (A) of section 3317.022
of the Revised Code;
(b) Special education and related services additional
weighted funding under division (C)(1) of section 3317.022 of the
Revised Code;
(c) Speech services funding under division (C)(4) of section
3317.022 of the Revised Code;
(d) Vocational education additional weighted funding under
division (E) of section 3317.022 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of
the Revised Code;
(f) Adjustments for classroom teachers and educational
service personnel under divisions (B), (C), and (D) of section
3317.023 of the Revised Code;
(g) Gifted education units under division (L) of section
3317.024 and section 3317.05 of the Revised Code;
(h) Transportation under the section of this act entitled
"PUPIL TRANSPORTATION";
(i) The excess cost supplement under division (F) of section
3317.022 of the Revised Code;
(j) The charge-off supplement under section 3317.0216 of the
Revised Code;
(k) Transitional aid under this section.
(3) The SF-3 funding for each fiscal year for each district
is the sum of the amounts specified in divisions (B)(2)(a) to (k)
of this section less any general revenue fund spending reductions
ordered by the Governor under section 126.05 of the Revised Code.
(C)(1) Notwithstanding any other provision of law to the
contrary, only for purposes of this section, for any computation
or computed value for previous fiscal years, the Department of
Education shall substitute "ADM value" for "formula ADM," as the
latter term was defined in law in effect for the fiscal year for
which the previous computations were made.
(2) As used in division (C) of this section, "ADM value"
means the number of students reported by the entity providing
educational services to those students, as follows:
(a) In the case of students receiving educational services
from a city, exempted village, or local school district, the
number reported under division (B) of section 3317.03 of the
Revised Code;
(b) In the case of students receiving educational services
from a joint vocational school district, the number reported under
division (D)(2) of section 3317.03 of the Revised Code;
(c) In the case of students receiving services from a
community school, the number reported by the community school's
governing authority under division (B)(2) of section 3314.08 of
the Revised Code;
(d) In the case of scholarship students receiving services
from a chartered nonpublic school under a scholarship program
pursuant to Chapter 3310. of the Revised Code, the number of such
students reported by the nonpublic school in accordance with
reporting requirements adopted by the Department for purposes of
that program.
Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL
SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within
appropriation item 200-550, Foundation Funding, for transitional
aid in each fiscal year to each joint vocational school district
that experiences a decrease in its joint vocational funding for
the current fiscal year from the previous fiscal year. The
Department shall distribute to each such district transitional aid
in an amount equal to the decrease in the district's joint
vocational funding from the previous fiscal year.
(B)(1) Subject to divisions (B)(2) and (3) of this section, a
district's joint vocational funding equals the sum of the
following:
(a) Base-cost funding under division (B) of section 3317.16
of the Revised Code;
(b) Special education and related services additional
weighted funding under division (D)(1) of section 3317.16 of the
Revised Code;
(c) Speech services funding under division (D)(2) of section
3317.16 of the Revised Code;
(d) Vocational education additional weighted funding under
division (C) of section 3317.16 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of
the Revised Code.
(2) For purposes of calculating transitional aid for fiscal
year 2008, a district's fiscal year 2007 joint vocational funding
is the sum of the amounts described in divisions (B)(1)(a) to (e)
of this section, plus any transitional aid computed for the
district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th
General Assembly, as subsequently amended, as reconciled by the
Department. For purposes of calculating transitional aid for
fiscal year 2009, a district's fiscal year 2008 joint vocational
funding is the sum of the amounts described in divisions (B)(1)(a)
to (e) of this section, plus any transitional aid computed for the
district under this section, as reconciled by the Department.
(3) The joint vocational funding for each fiscal year for
each district is the sum of the amounts specified in divisions
(B)(1)(a) to (e) and (B)(2) of this section less any general
revenue fund spending reductions ordered by the Governor under
section 126.05 of the Revised Code.
Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS
The foregoing appropriation item 200-566, Literacy
Improvement-Classroom
Grants, shall be disbursed by the
Department
of Education
to provide reading improvement grants to
public
schools
in
city, local, and
exempted village school districts;
community
schools; and
educational service centers serving
kindergarten
through twelfth
grade students to help struggling
students improve their reading skills, improve reading
outcomes in
low-performing schools, and help close achievement gaps.
VIOLENCE PREVENTION AND SCHOOL SAFETY
Of the foregoing appropriation item 200-578, Violence
Prevention and School Safety, up to $224,250 in each fiscal year
shall be used to fund a safe school center to provide resources
for parents and for school and law enforcement personnel.
The remainder of the appropriation shall be distributed based
on guidelines developed by the Department of Education to enhance
school safety. The guidelines shall provide a list of
research-based best practices and programs from which local
grantees shall select based on local needs. These practices shall
include, but not be limited to, school resource officers and safe
and drug free school coordinators and social-emotional development
programs.
Section 269.40.20. PROPERTY TAX ALLOCATION
- EDUCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of funds
from appropriation item 200-901, Property Tax
Allocation -
Education, to any other appropriation item.
The appropriation item 200-901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
because of the homestead exemption
and the property tax rollback.
In
cooperation with the Department
of Taxation, the Department of
Education shall
distribute these
funds directly to the appropriate
school districts of the
state,
notwithstanding sections 321.24 and
323.156 of
the
Revised Code, which provide for payment of the
homestead
exemption and
property tax rollback by the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Appropriation item 200-906, Tangible Tax Exemption -
Education, is appropriated to
pay for the state's costs
incurred
because of the tangible personal
property tax exemption required
by
division (C)(3) of section
5709.01 of the Revised Code. In
cooperation with
the Department
of Taxation, the Department of
Education shall distribute to
each
county treasurer the total
amount appearing in the notification from the county
treasurer
under division (G) of section
321.24 of the Revised Code, for all
school districts
located in
the county, notwithstanding section
321.24 of
the
Revised Code insofar as it provides
for payment
of
the $10,000
tangible personal property tax
exemption by the Tax
Commissioner
to the appropriate county
treasurer for all local
taxing
districts
located in the county.
Pursuant to division (G)
of section 321.24
of the Revised Code,
the county auditor shall
distribute the
amount paid by
the
Department of Education among
the appropriate
school districts.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible
personal property taxes. Payments for
the
costs of administration shall
continue to be paid to the
county
treasurer and county auditor as provided for
in sections
319.54,
321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation
items 200-901, Property Tax
Allocation - Education, for the homestead
exemption and the
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property
tax
exemption payments, which are determined to be necessary for
these purposes,
are hereby appropriated.
Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200-681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer and support
teacher
certification and licensure
activities.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200-687, School District
Solvency Assistance, $9,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$9,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent under section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund (Fund
5H3).
Notwithstanding any provision of law to the contrary, upon
the request of the Superintendent of Public Instruction, the
Director of Budget and Management may make transfers to the School
District Solvency Assistance Fund (Fund 5H3) from any Department
of Education-administered fund or the General Revenue Fund to
maintain sufficient cash balances in the School District Solvency
Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any
funds transferred are hereby appropriated. The transferred funds
may be used by the Department of Education to provide assistance
and grants to school districts to enable them to remain solvent
and to pay unforeseeable expenses of a temporary or emergency
nature that the school district is unable to pay from existing
resources. The Director of Budget and Management shall notify the
members of the Controlling Board of any such transfers.
Section 269.40.40.
READING FIRST
The foregoing appropriation item 200-632, Reading First,
shall be used by school districts to administer federal diagnostic
tests as well as other functions permitted by federal statute.
Notwithstanding section 3301.079 of the Revised Code, federal
diagnostic tests may be recognized as meeting the state diagnostic
testing requirements outlined in section 3301.079 of the Revised
Code.
HALF-MILL MAINTENANCE EQUALIZATION
The foregoing appropriation item 200-626, Half-Mill
Maintenance Equalization, shall be used to make payments pursuant
to section 3318.18 of the Revised Code.
Section 269.40.50. START-UP FUNDS
Funds appropriated for the purpose of providing start-up
grants to Title IV-A Head Start and Title IV-A Head Start Plus
agencies in fiscal year 2004 and fiscal year 2005 for the
provision of services to children eligible for Title IV-A services
under the Title IV-A Head Start or Title IV-A Head Start Plus
programs shall be reimbursed to the General Revenue Fund as
follows:
(A) If, for fiscal year 2008, an entity that was a Title IV-A
Head Start or Title IV-A Head Start Plus agency will not be an
early learning agency or early learning provider, the entity shall
repay the entire amount of the start-up grant it received in
fiscal year 2004 and fiscal year 2005 not later than June 30,
2009, in accordance with a payment schedule agreed to by the
Department of Education.
(B) If an entity that was a Title IV-A Head Start or Title
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year
2005 will be an early learning agency or early learning provider
in fiscal year 2008 and fiscal year 2009, the entity shall be
allowed to retain any amount of the start-up grant it received.
(C) Within ninety days after the effective date of this
section, the Title IV-A Head Start agencies, Title IV-A Head Start
Plus agencies, and the Department of Education shall determine the
repayment schedule for amounts owed under division (A) of this
section. These amounts shall be paid to the state not later than
June 30, 2009.
(D) If an entity that was a Title IV-A Head Start or Title
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year
2005 owed the state any portion of the start-up grant amount
during fiscal year 2006 or fiscal year 2007 but failed to repay
the entire amount of the obligation by June 30, 2007, the entity
shall be given an extension for repayment through June 30, 2009,
before any amounts remaining due and payable to the state are
referred to the Attorney General for collection under section
131.02 of the Revised Code.
(E) Any Title IV-A Head Start or Title IV-A Head Start Plus
start-up grants that are retained by early learning agencies or
early learning providers pursuant to this section shall be
reimbursed to the General Revenue Fund when the early learning
program ceases or is no longer funded from Title IV-A or if an
early learning agency's or early learning provider's participation
in the early learning program ceases or is terminated.
Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT
Notwithstanding section 3317.064 of the Revised Code, if the
unobligated cash balance is sufficient, the Treasurer of
State
shall transfer $1,500,000 in fiscal year 2008 within thirty
days
after the effective date of this section, and $1,500,000 in fiscal
year 2009 by August 1, 2008, from the Auxiliary Services
Personnel
Unemployment Compensation Fund to the Department of
Education's
Auxiliary Services Reimbursement Fund (Fund 598).
Section 269.40.70. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200-612, Foundation
Funding (Fund 017),
shall
be used in conjunction with appropriation item
200-550,
Foundation
Funding (GRF), to provide payments to school districts
under
Chapter 3317. of
the Revised Code.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200-550, Foundation
Funding (GRF), and
appropriation item 200-612, Foundation Funding
(Fund 017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
The Director of Budget and Management shall transfer via
intrastate transfer
voucher the
amount appropriated under the
Lottery Profits Education Fund for
appropriation item 200-682,
Lease Rental Payment Reimbursement, to the General
Revenue Fund on
a schedule determined by the director. These funds shall
support
the appropriation item 230-428, Lease
Rental Payments (GRF), of
the
School Facilities
Commission.
Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 018) in the State Treasury. Investment earnings
of the Lottery Profits Education Reserve Fund
shall be credited to
the fund. The Superintendent of Public Instruction may certify
cash balances exceeding $75,000,000 in the
Lottery
Profits
Education
Reserve Fund (Fund 018) to the Director of Budget and
Management in June of any given fiscal year. Prior to making the
certification, the Superintendent of Public Instruction shall
determine whether the funds above the $75,000,000 threshold are
needed to help pay for foundation program obligations for that
fiscal year under Chapter 3317. of the Revised Code. If those
funds are needed for the foundation program, the Superintendent of
Public Instruction shall notify and consult with the Director of
Budget and Management to determine the amount that may be
transferred to the Public School Building Fund (Fund 021). Upon
this determination, the Director of Budget and Management shall
transfer the amount from the Lottery Profits Education Reserve
Fund (Fund 018) to the Public School Building Fund (Fund 021). The
amount transferred is hereby appropriated to appropriation item
CAP-622, Public School Buildings.
For fiscal years 2008 and 2009, notwithstanding any
provisions of law to the contrary, amounts
necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code are hereby appropriated to the Lottery Profits
Education Reserve
Fund (Fund 018). Loan repayments from loans made
in previous years shall be deposited to the fund.
(B) On July 15, 2007, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget
and
Management the amount by which lottery
profit
transfers received by the Lottery Profits Education Fund
(Fund 017) exceeded $637,900,000 in
fiscal year 2007.
The
Director of Budget and Management may transfer the amount so
certified, plus the cash balance in Fund 017, to the Lottery
Profits Education Reserve Fund (Fund 018).
(C) On July 15, 2008, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget and
Management the amount by which lottery
profit
transfers received by the Lottery Profits Education Fund
(Fund 017) exceeded $657,900,000 in
fiscal year 2008. The Director
of Budget and Management may transfer the amount so certified,
plus the cash balance in Fund 017, to the Lottery Profits
Education Reserve Fund (Fund 018).
(D) Any amounts transferred under division (B) or (C) of this
section may be made available by the Controlling Board in fiscal
years 2008 or 2009, at the request of the Superintendent of Public
Instruction, to provide assistance and grants to school districts
to enable them to remain solvent and to pay unforeseeable expenses
of a temporary or emergency nature that they are unable to pay
from existing resources under section 3316.20 of the Revised Code,
and to provide payments to school districts under Chapter 3317. of
the Revised Code.
Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047)
Notwithstanding any provision of law to the contrary, in
fiscal year 2008 and fiscal year 2009 the Director of Budget and
Management may make temporary transfers between the General
Revenue Fund and the School District Property Tax Replacement –
Business Fund (Fund 047) in the Department of Education to ensure
sufficient balances in the School District Property Tax
Replacement - Business Fund (Fund 047) and to replenish the
General Revenue Fund for such transfers.
Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -
BUSINESS
The foregoing appropriation item, 200-909, School District
Property Tax Replacement – Business, in Fund 047, shall be used by
the Department of Education, in consultation with the Department
of Taxation, to make payments to school districts and joint
vocational school districts under section 5751.21 of the Revised
Code. If it is determined by the Director of Budget and Management
that additional appropriations are necessary for this purpose,
such amounts are hereby appropriated.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY
The foregoing appropriation item 200-900, School District
Property Tax Replacement-Utility, in Fund 053, shall be used by
the Department of
Education, in consultation with the Department
of Taxation, to
make payments to school districts and joint
vocational school
districts under section 5727.85 of the Revised
Code.
The Department of Education shall report the following to the
Director of Budget and Management and the
Legislative Service
Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING
(A) As used in this section:
(1) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(2) "Service center ADM" has the same meaning as in section
3317.11 of the Revised Code.
(B) Notwithstanding division (F) of section 3317.11 of the
Revised Code, no funds
shall be provided under that division to an
educational service
center in either fiscal year for
any pupils of
a city or exempted
village school district unless an agreement
to
provide services
under section 3313.843 of the Revised Code was
entered
into by
January 1, 1997, except that funds shall be
provided to an
educational
service center for any pupils of a city
school
district if the agreement to
provide services was entered
into
within one year of the date upon which such
district changed
from
a local school district to a city school district.
(C) Notwithstanding any provision of the Revised Code to the
contrary, an educational service center that sponsors a community
school under Chapter 3314. of the Revised Code in either fiscal
year may include the students of that community school in its
service center ADM for purposes of state funding under division
(F) of section 3317.11 of the Revised Code, unless the community
school is an Internet- or computer-based community school. A
service center shall include the community school students in its
service center ADM only to the extent that the students are not
already so included, and only in accordance with guidelines issued
by the Department of Education. If the students of a community
school sponsored by an educational service center are included in
the service center ADM of another educational service center,
those students shall be removed from the service center ADM of the
other educational service center and added to the service center
ADM of the community school's sponsoring service center. The
General Assembly authorizes this procedure as an incentive for
educational service centers to take over sponsorship of community
schools from the State Board of Education as the State Board's
sponsorship is phased out in accordance with Sub. H.B. 364 of the
124th General Assembly. No student of an Internet- or
computer-based community school shall be counted in the service
center ADM of any educational service center. The Department shall
pay educational service centers under division (F) of section
3317.11 of the Revised Code for community school students included
in their service center ADMs under this division only if
sufficient funds earmarked within appropriation item 200-550,
Foundation Funding, for payments under that division remain after
first paying for students attributable to their local and client
school districts, in accordance with divisions (B) and (D) of this
section.
(D) If
insufficient funds are earmarked within appropriation
item 200-550, Foundation Funding, for payments under division (F)
of section 3317.11 of the Revised Code and division (C) of this
section in fiscal year 2008 or fiscal year 2009,
the Department
shall prioritize the distribution of the earmarked funds as
follows:
(1) The Department shall
first distribute to each
educational
service
center the per-student amount specified in division (F) of
section 3317.11 of the Revised Code for each student in its
service center
ADM attributable to the local school districts
within the service center's territory.
(2) The Department shall distribute the remaining funds in
each fiscal year to each educational service center for the
students in its service center ADM attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997, up
to the per-student amount specified in division (F) of section
3317.11 of the Revised Code. If insufficient funds remain to pay
each service center the full amount specified in division (F) of
that section for each such student, the Department shall
distribute the remaining funds to each service center
proportionally, on a per-student basis for each such student,
unless that proportional per-student amount exceeds the amount
specified in division (F)(1) of that section. In that case, the
Department shall distribute the per-student amount specified in
division (F)(1) of that section to each service center for each
such student and shall distribute the remainder proportionally, on
a per-student basis for each such student, to the multi-county
service centers described in division (F)(2) of that section.
(3) If the Department has paid each service center under
divisions (D)(1) and (2) of this section, the full amount
specified in division (F) of section 3317.11 of the Revised Code
for each student attributable to its local school districts and
its client school districts described in division (D)(2) of this
section the Department shall distribute any remaining funds
proportionally, on a per-student basis, to each service center
that sponsors a community school, other than an Internet- or
computer-based community school, for the students included in the
service center ADM under division (C) of this section. These
payments shall not exceed per student the amount specified in
division (F) of section 3317.11 of the Revised Code.
*Section 269.50.40. For the school year commencing July 1,
2007,
or the school year commencing July 1, 2008, or both, the
Superintendent of Public Instruction may waive for the board of
education of any school district the ratio of teachers to pupils
in kindergarten through fourth grade required under paragraph
(A)(3) of rule 3301-35-05 of the Administrative Code if the
following conditions apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
Department and which, in fiscal year 2008 or fiscal year 2009 or
both, the
Department pays through appropriation item 470-401,
Care
and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal year 2008 and fiscal year 2009 to the education
program
provider and in the amount
specified in this division. If
there
is no school district
responsible for tuition for a
residential
child and if the
participating residential treatment
center to
which the child is
assigned is located in the city,
exempted
village, or local
school district that, if the child were
not a
resident of that
treatment center, would be the school
district
where the child
is entitled to attend school under
sections
3313.64 and 3313.65
of the Revised Code, that school
district, notwithstanding
any conflicting provision of the Revised
Code, shall pay tuition for
the child for fiscal year 2008
and
fiscal year 2009 under this division
unless that school district
is providing the
educational program
to the child under division
(B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2008 and 2009, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
shall be the formula
amount specified in section
3317.022 of the Revised Code, except
that the department shall
proportionately reduce this
reimbursement if sufficient funds are
not
available to pay this
amount to all qualified providers.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The department shall monitor the programs for
educational
accountability.
Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in
accordance
with section 3301.27 of
the Revised Code. Each school
and school district selected for participation by the
Superintendent of Public Instruction shall participate.
Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION
TRANSFERS
FOR STUDENT ASSESSMENT
In fiscal year 2008 and fiscal year 2009, if the
Superintendent of Public Instruction determines that additional
funds are needed to fully fund the requirements of Am. Sub. H.B. 3
of the 125th General Assembly and this act for assessments of
student performance, the Superintendent of Public Instruction may
recommend the reallocation of unspent and unencumbered
appropriations within the Department of Education to the General
Revenue Fund appropriation item 200-437, Student Assessment, to
the Director of Budget and Management. If the Director of Budget
and Management determines that such a reallocation is required,
the Director of Budget and Management may transfer unspent and
unencumbered funds within the Department of Education as necessary
to appropriation item 200-437, Student Assessment. If these
unspent and unencumbered funds are not sufficient to fully fund
the assessment requirements in fiscal year 2008 or fiscal year
2009, the Superintendent of Public Instruction may request that
the Controlling Board transfer up to $9,000,000 cash from the
Lottery Profits Education Reserve Fund (Fund 018) to the General
Revenue Fund and appropriate these transferred funds to
appropriation item 200-437, Student Assessment.
Section 269.50.80. (A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(2) "SBH student" means a student receiving special education
and related services for severe behavior disabilities pursuant to
an IEP.
(B) This section applies only to a community school
established under Chapter 3314. of the Revised Code that in each
of fiscal years 2008 and 2009 enrolls a number of SBH students
equal to at least fifty per cent of the total number of students
enrolled in the school in the applicable fiscal year.
(C) In addition to any payments made under section 3314.08 of
the Revised Code, in each of fiscal years 2008 and 2009, the
Department of Education shall pay to a community school to which
this section applies a subsidy equal to the difference between the
aggregate amount calculated and paid in that fiscal year to the
community school for special education and related services
additional weighted costs for the SBH students enrolled in the
school and the aggregate amount that would have been calculated
for the school for special education and related services
additional weighted costs for those same students in fiscal year
2001. If the difference is a negative number, the amount of the
subsidy shall be zero.
(D) The amount of any subsidy paid to a community school
under this section shall not be deducted from the school district
in which any of the students enrolled in the community school are
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. The amount of any subsidy paid to a community school
under this section shall be paid from funds appropriated to the
Department of Education in appropriation item 200-550, Foundation
Funding.
Section 269.50.90. EARMARK ACCOUNTABILITY
At the request of the Superintendent of Public Instruction,
any entity that receives a budget earmark under the Department of
Education shall submit annually to the chairpersons of the
committees of the House of Representatives and the Senate
primarily concerned with education and to the Department of
Education a report that includes a description of the services
supported by the funds, a description of the results achieved by
those services, an analysis of the effectiveness of the program,
and an opinion as to the program's applicability to other school
districts. For an earmarked entity that received state funds from
an earmark in the prior fiscal year, no funds shall be provided by
the Department of Education to an earmarked entity for a fiscal
year until its report for the prior fiscal year has been
submitted.
Section 269.60.10. No community school established under
Chapter 3314. of the Revised Code that was not open for operation
as of May 1, 2005, shall operate from a home, as defined in
section 3313.64 of the Revised Code.
Section 269.60.15. (A) As used in this section:
(1) "Big eight school district" has the same meaning as in
section 3314.02 of the Revised Code.
(2) "Early college high school" means a high school that
provides students with a personalized learning plan based on an
accelerated curriculum combining high school and college-level
coursework.
(B) Any early college high school that is operated by a big
eight school district in partnership with a private university may
operate as a new start-up community school under Chapter 3314. of
the Revised Code beginning in the 2007-2008 school year, if all of
the following conditions are met:
(1) The governing authority and sponsor of the school enter
into a contract in accordance with section 3314.03 of the Revised
Code and, notwithstanding division (D) of section 3314.02 of the
Revised Code, both parties adopt and sign the contract by July 9,
2007.
(2) Notwithstanding division (A) of section 3314.016 of the
Revised Code, the school's governing authority enters into a
contract with the private university under which the university
will be the school's operator.
(3) The school provides the same educational program the
school provided while part of the big eight school district.
Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO
BOARD OF REGENTS
The Board of Regents shall work collaboratively with the
Department of Education to identify adult career-technical
education programs that shall be transferred to the Board of
Regents. The Chancellor of the Board of Regents shall work in
consultation with the Department and the various identified
programs to develop a plan by July 1, 2008, for the transfer that
benefits adult learners by preserving points of access, increasing
opportunities, maintaining affordability, and creating a system of
uniform quality with the ability to earn credit. The transfer
shall be completed by January 1, 2009. The purpose of this
programmatic transfer is to better align and maximize the strength
and flexibility of the full array of Ohio adult workforce
education assets to improve the overall quality of adult education
and training program course and training offerings in order to
increase the skills and improve the employment prospects of
adults.
On or after January 1, 2009, notwithstanding any provision of
law to the contrary, the Director of Budget and Management may
take the actions described in this section made necessary by the
movement of adult career-technical education programs from the
Department of Education to the Board of Regents. These actions may
include budget changes made necessary by administrative
reorganization, program transfers, the creation of new funds, the
creation of new appropriation items, and the consolidation of
funds. The Director may transfer cash balances between funds as
needed. At the request of the Director, the Superintendent of
Public Instruction shall certify to the Director an estimate of
the amount of the cash balance to be transferred to the receiving
fund. The Director may transfer the estimated amount to the Board
of Regents when needed to make payments. Not more than thirty days
after certifying the estimated amount, the Superintendent of
Public Instruction shall certify the final amount to the Director.
The Director then shall transfer the difference between any amount
previously transferred and the certified final amount. The
Director may cancel encumbrances and re-establish encumbrances or
parts of encumbrances as needed in the appropriate fund and
appropriation item for the same purpose and to the same vendor.
The funds necessary to re-establish those encumbrances in a
different fund or appropriation item within or between the Board
of Regents and the Department of Education are hereby
appropriated. The Director shall reduce each year's appropriation
balances by the amount of the encumbrances canceled in their
respective funds and appropriation items. Any fiscal year 2008
unencumbered or unallocated appropriation balances may be
transferred to the appropriate item to be used for the same
purposes, as determined by the Director.
Section 269.60.33. The State Board of Education shall
initiate rulemaking procedures for the rules for the Special
Education Scholarship Pilot Program, required under section
3310.63 of the Revised Code, as enacted by this act, so that those
rules are in effect by January 31, 2008.
Section 269.60.36. The Department of Education shall conduct
a formative evaluation of the Special Education Scholarship Pilot
Program established under sections 3310.51 to 3310.63 of the
Revised Code, using both quantitative and qualitative analyses,
and shall report its findings to the General Assembly not later
than December 31, 2010. In conducting the evaluation, the
Department shall to the extent possible gather comments from
parents who have been awarded scholarships under the program,
school district officials, representatives of registered private
providers, educators, and representatives of educational
organizations for inclusion in the report required under this
section.
Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL
(A) If the Auditor of State or a public accountant, pursuant
to section 117.41 of the Revised Code, declares a community school
established under Chapter 3314. of the Revised Code to be
unauditable, the Auditor of State shall provide written
notification of that declaration to the school, the school's
sponsor, and the Department of Education. The Auditor of State
also shall post the notification on the Auditor of State's web
site.
(B) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code or any other provision of law, a sponsor
of a community school that is notified by the Auditor of State
under division (A) of this section that a community school it
sponsors is unauditable shall not enter into contracts with any
additional community schools under section 3314.03 of the Revised
Code until the Auditor of State or a public accountant has
completed a financial audit of that school.
(C) Not later than forty-five days after receiving
notification by the Auditor of State under division (A) of this
section that a community school is unauditable, the sponsor of the
school shall provide a written response to the Auditor of State.
The response shall include the following:
(1) An overview of the process the sponsor will use to review
and understand the circumstances that led to the community school
becoming unauditable;
(2) A plan for providing the Auditor of State with the
documentation necessary to complete an audit of the community
school and for ensuring that all financial documents are available
in the future;
(3) The actions the sponsor will take to ensure that the plan
described in division (C)(2) of this section is implemented.
(D) If a community school fails to make reasonable efforts
and continuing progress to bring its accounts, records, files, or
reports into an auditable condition within ninety days after being
declared unauditable, the Auditor of State, in addition to
requesting legal action under sections 117.41 and 117.42 of the
Revised Code, shall notify the Department of the school's failure.
If the Auditor of State or a public accountant subsequently is
able to complete a financial audit of the school, the Auditor of
State shall notify the Department that the audit has been
completed.
(E) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code or any other provision of law, upon
notification by the Auditor of State under division (D) of this
section that a community school has failed to make reasonable
efforts and continuing progress to bring its accounts, records,
files, or reports into an auditable condition following a
declaration that the school is unauditable, the Department shall
immediately cease all payments to the school under Chapter 3314.
of the Revised Code and any other provision of law. Upon
subsequent notification from the Auditor of State under that
division that the Auditor of State or a public accountant was able
to complete a financial audit of the community school, the
Department shall release all funds withheld from the school under
this section.
Section 269.60.70. Notwithstanding division (B) of section
3317.01 of the Revised Code, no joint vocational school district
shall be denied state payments for fiscal year 2008 because the
school district's career center was open for instruction during
fiscal year 2007 for fewer days than required by sections 3313.48,
3313.481, and 3317.01 of the Revised Code, if the number of days
the career center was closed in the 2006-2007 school year in
excess of the number of days it is permitted to be closed for a
public calamity under division (B) of section 3317.01 of the
Revised Code does not exceed the number of days in May 2007 in
which the district closed the career center due to fire damage and
cancelled instruction to prepare alternate facilities for
instruction.
Section 269.60.80. Not later than October 31, 2007, each
school district, community school established under Chapter 3314.
of the Revised Code, and chartered nonpublic school shall report
to the Department of Education, in a manner prescribed by the
Department, the number of minutes per week and the number of
classes per week of physical education provided to students in
each of grades kindergarten through eight in the 2006-2007 school
year and scheduled to be provided to students in each of those
grades in the 2007-2008 school year.
Section 269.60.90. If a school district erroneously reported
data to the Education Management Information System established
under section 3301.0714 of the Revised Code that showed a zero per
cent graduation rate for the 2005-2006 school year for the
district or any building in the district and the district notified
the Department of Education of the error not later than June 30,
2007, the Department shall allow the district to report a
corrected graduation rate for that school year and shall include
the corrected graduation rate on the August 2007 report card
issued for the district and any affected building under section
3302.03 of the Revised Code.
Section 269.70.10. (A) Notwithstanding section 3313.41 of the
Revised Code, a school district board of education may sell real
property that it owns in its corporate capacity directly to a
community action agency that operates an early childhood education
program within the territory of the school district, in lieu of
offering the property for sale at public auction as provided in
division (A) of that section, in lieu of offering the property for
sale to an entity listed in division (C) of that section, or in
lieu of offering the property for sale to a community school as
provided in division (G) of that section, as long as all of the
following conditions are satisfied:
(1) The district is a "local" school district as described in
section 3311.03 of the Revised Code.
(2) The district is a countywide school district in that the
district comprises most of the territory of one county and most of
the district's territory lies in one county.
(3) The district is abandoning the property because it is
acquiring new facilities through one or more state-assisted
classroom facilities programs under Chapter 3318. of the Revised
Code.
(4) The property is suitable for use by the community action
agency for its early childhood education program and for other
operations of the agency.
(5) The sale is completed on or before February 29, 2008.
(B) As used in this section, "community action agency" has
the same meaning as in section 122.66 of the Revised Code.
Section 271.10. ELC OHIO ELECTIONS COMMISSION
GRF |
051-321 |
|
Operating Expenses |
|
$ |
411,623 |
|
$ |
423,975 |
TOTAL GRF General Revenue Fund |
|
$ |
411,623 |
|
$ |
423,975 |
General Services Fund Group
4P2 |
051-601 |
|
Ohio Elections |
|
|
|
|
|
|
|
|
|
Commission Fund |
|
$ |
255,000 |
|
$ |
255,000 |
TOTAL GSF General Services Fund Group |
|
$ |
255,000 |
|
$ |
255,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
666,623 |
|
$ |
678,975 |
Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
4K9 |
881-609 |
|
Operating Expenses |
|
$ |
628,641 |
|
$ |
646,602 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
628,641 |
|
$ |
646,602 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
628,641 |
|
$ |
646,602 |
Section 275.10. PAY EMPLOYEE BENEFITS FUNDS
Accrued Leave Liability Fund Group
806 |
995-666 |
|
Accrued Leave Fund |
|
$ |
69,584,560 |
|
$ |
76,038,787 |
807 |
995-667 |
|
Disability Fund |
|
$ |
40,104,713 |
|
$ |
39,309,838 |
TOTAL ALF Accrued Leave Liability |
|
|
|
|
|
|
Fund Group |
|
$ |
109,689,273 |
|
$ |
115,348,625 |
124 |
995-673 |
|
Payroll Deductions |
|
$ |
2,125,000,000 |
|
$ |
2,175,000,000 |
808 |
995-668 |
|
State Employee Health Benefit Fund |
|
$ |
499,240,000 |
|
$ |
550,922,742 |
809 |
995-669 |
|
Dependent Care Spending Account |
|
$ |
2,969,635 |
|
$ |
2,969,635 |
810 |
995-670 |
|
Life Insurance Investment Fund |
|
$ |
2,113,589 |
|
$ |
2,229,834 |
811 |
995-671 |
|
Parental Leave Benefit Fund |
|
$ |
3,994,806 |
|
$ |
4,234,495 |
813 |
995-672 |
|
Health Care Spending Account |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
2,645,318,030 |
|
$ |
2,747,356,706 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,755,007,303 |
|
$ |
2,862,705,331 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995-666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 806), pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995-667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
appropriated.
The foregoing appropriation item 995-673, Payroll Deductions,
shall be used to make payments from the Payroll Withholding Fund
(Fund 124). If it is determined by the Director of Budget and
Management that additional appropriation amounts are necessary,
such amounts are hereby appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995-668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 808), pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of
Budget and Management that additional amounts are
necessary,
the
amounts are appropriated.
DEPENDENT CARE SPENDING ACCOUNT
The foregoing appropriation item 995-669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Account (Fund 809) to employees eligible
for dependent care expenses. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995-670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 810) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995-671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 811) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are appropriated.
HEALTH CARE SPENDING ACCOUNT
There is hereby established in the State Treasury the Health
Care Spending Account Fund (Fund 813). The foregoing appropriation
item 995-672, Health Care Spending Account, shall be used to make
payments from the fund. The fund shall be under the supervision of
the Department of Administrative Services and shall be used to
make payments pursuant to state employees' participation in a
flexible spending account for non-reimbursed health care expenses
and pursuant to Section 125 of the Internal Revenue Code. All
income derived from the investment of the fund shall accrue to the
fund. If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are
hereby appropriated.
At the request of the Director of Administrative Services,
the Director of Budget and Management shall transfer up to
$145,000 from the General Revenue Fund to the Health Care Spending
Account Fund during fiscal years 2008 and 2009. This cash shall be
transferred as needed to provide adequate cash flow for the Health
Care Spending Account Fund during fiscal year 2008 and fiscal year
2009. If funds are available at the end of fiscal years 2008 and
2009, the Director of Budget and Management shall transfer cash up
to the amount previously transferred in the respective year, plus
interest income, back from the Health Care Spending Account (Fund
813) to the General Revenue Fund.
Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD
GRF |
125-321 |
|
Operating Expenses |
|
$ |
3,218,803 |
|
$ |
3,355,602 |
TOTAL GRF General Revenue Fund |
|
$ |
3,218,803 |
|
$ |
3,355,602 |
General Services Fund Group
572 |
125-603 |
|
Training and Publications |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,294,344 |
|
$ |
3,431,143 |
Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
4K9 |
892-609 |
|
Operating Expenses |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY
General Services Fund Group
199 |
715-602 |
|
Laboratory Services |
|
$ |
1,158,574 |
|
$ |
1,173,574 |
219 |
715-604 |
|
Central Support Indirect |
|
$ |
16,474,276 |
|
$ |
17,000,962 |
4A1 |
715-640 |
|
Operating Expenses |
|
$ |
3,369,731 |
|
$ |
3,369,731 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
21,002,581 |
|
$ |
21,544,267 |
Federal Special Revenue Fund Group
3BU |
715-684 |
|
Water Quality Protection |
|
$ |
6,515,000 |
|
$ |
6,310,000 |
3F2 |
715-630 |
|
Revolving Loan Fund - Operating |
|
$ |
563,536 |
|
$ |
775,600 |
3F3 |
715-632 |
|
Federally Supported Cleanup and Response |
|
$ |
2,550,000 |
|
$ |
2,550,000 |
3F5 |
715-641 |
|
Nonpoint Source Pollution Management |
|
$ |
7,550,000 |
|
$ |
7,595,000 |
3K4 |
715-634 |
|
DOD Monitoring and Oversight |
|
$ |
858,250 |
|
$ |
898,825 |
3N4 |
715-657 |
|
DOE Monitoring and Oversight |
|
$ |
1,071,678 |
|
$ |
1,110,270 |
3T3 |
715-669 |
|
Drinking Water SRF |
|
$ |
2,843,923 |
|
$ |
2,977,998 |
3V7 |
715-606 |
|
Agencywide Grants |
|
$ |
500,000 |
|
$ |
500,000 |
353 |
715-612 |
|
Public Water Supply |
|
$ |
3,388,619 |
|
$ |
3,388,618 |
354 |
715-614 |
|
Hazardous Waste Management - Federal |
|
$ |
4,203,891 |
|
$ |
4,203,891 |
357 |
715-619 |
|
Air Pollution Control - Federal |
|
$ |
6,823,949 |
|
$ |
6,823,950 |
362 |
715-605 |
|
Underground Injection Control - Federal |
|
$ |
111,874 |
|
$ |
111,874 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
36,980,720 |
|
$ |
37,246,026 |
State Special Revenue Fund Group
4J0 |
715-638 |
|
Underground Injection Control |
|
$ |
458,418 |
|
$ |
458,418 |
4K2 |
715-648 |
|
Clean Air - Non Title V |
|
$ |
3,690,821 |
|
$ |
4,066,558 |
4K3 |
715-649 |
|
Solid Waste |
|
$ |
13,932,845 |
|
$ |
14,282,845 |
4K4 |
715-650 |
|
Surface Water Protection |
|
$ |
12,685,000 |
|
$ |
13,815,000 |
4K5 |
715-651 |
|
Drinking Water Protection |
|
$ |
8,169,553 |
|
$ |
8,867,732 |
4P5 |
715-654 |
|
Cozart Landfill |
|
$ |
149,728 |
|
$ |
149,728 |
4R5 |
715-656 |
|
Scrap Tire Management |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
4R9 |
715-658 |
|
Voluntary Action Program |
|
$ |
1,032,098 |
|
$ |
1,032,098 |
4T3 |
715-659 |
|
Clean Air - Title V Permit Program |
|
$ |
18,924,098 |
|
$ |
18,833,584 |
4U7 |
715-660 |
|
Construction
& Demolition Debris |
|
$ |
881,561 |
|
$ |
881,561 |
5BC |
715-617 |
|
Clean Ohio |
|
$ |
741,646 |
|
$ |
741,646 |
5BC |
715-622 |
|
Local Air Pollution Control |
|
$ |
1,026,369 |
|
$ |
1,026,369 |
5BC |
715-624 |
|
Surface Water |
|
$ |
8,797,413 |
|
$ |
8,797,413 |
5BC |
715-667 |
|
Groundwater |
|
$ |
1,093,741 |
|
$ |
1,093,741 |
5BC |
715-672 |
|
Air Pollution Control |
|
$ |
5,199,290 |
|
$ |
5,199,290 |
5BC |
715-673 |
|
Drinking Water |
|
$ |
2,550,250 |
|
$ |
2,550,250 |
5BC |
715-675 |
|
Hazardous Waste |
|
$ |
100,847 |
|
$ |
100,847 |
5BC |
715-676 |
|
Assistance and Prevention |
|
$ |
700,302 |
|
$ |
700,302 |
5BC |
715-677 |
|
Laboratory |
|
$ |
1,216,333 |
|
$ |
1,216,333 |
5BC |
715-678 |
|
Corrective Actions |
|
$ |
1,179,775 |
|
$ |
1,179,775 |
5BT |
715-679 |
|
C&DD Groundwater Monitoring |
|
$ |
571,560 |
|
$ |
693,267 |
5BY |
715-681 |
|
Auto Emissions Test |
|
$ |
14,817,105 |
|
$ |
15,057,814 |
5CD |
715-682 |
|
Clean Diesel School Buses |
|
$ |
600,000 |
|
$ |
600,000 |
5DW |
715-683 |
|
Automotive Mercury Switch Program |
|
$ |
60,000 |
|
$ |
60,000 |
5H4 |
715-664 |
|
Groundwater Support |
|
$ |
2,503,933 |
|
$ |
2,715,340 |
5N2 |
715-613 |
|
Dredge and Fill |
|
$ |
30,000 |
|
$ |
30,000 |
500 |
715-608 |
|
Immediate Removal Special Account |
|
$ |
557,257 |
|
$ |
573,903 |
503 |
715-621 |
|
Hazardous Waste Facility Management |
|
$ |
11,711,473 |
|
$ |
12,200,240 |
505 |
715-623 |
|
Hazardous Waste Cleanup |
|
$ |
13,333,179 |
|
$ |
14,147,498 |
505 |
715-674 |
|
Clean Ohio Environmental Review |
|
$ |
109,725 |
|
$ |
109,725 |
541 |
715-670 |
|
Site Specific Cleanup |
|
$ |
34,650 |
|
$ |
34,650 |
542 |
715-671 |
|
Risk Management Reporting |
|
$ |
146,188 |
|
$ |
146,188 |
592 |
715-627 |
|
Anti Tampering Settlement |
|
$ |
9,707 |
|
$ |
9,707 |
6A1 |
715-645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
602 |
715-626 |
|
Motor Vehicle Inspection and Maintenance |
|
$ |
157,697 |
|
$ |
128,876 |
644 |
715-631 |
|
ER Radiological Safety |
|
$ |
286,114 |
|
$ |
286,114 |
660 |
715-629 |
|
Infectious Waste Management |
|
$ |
100,000 |
|
$ |
100,000 |
676 |
715-642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,964,625 |
|
$ |
4,964,625 |
678 |
715-635 |
|
Air Toxic Release |
|
$ |
210,622 |
|
$ |
210,622 |
679 |
715-636 |
|
Emergency Planning |
|
$ |
2,628,647 |
|
$ |
2,628,647 |
696 |
715-643 |
|
Air Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
699 |
715-644 |
|
Water Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
144,362,570 |
|
$ |
148,690,706 |
Clean Ohio Conservation Fund Group
5S1 |
715-607 |
|
Clean Ohio - Operating |
|
$ |
208,174 |
|
$ |
208,174 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
208,174 |
|
$ |
208,174 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
202,554,045 |
|
$ |
207,689,173 |
AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT
On July 1, 2007, or as soon as possible thereafter, if the
Governor issues an executive order under division (A) of section
3704.14 of the Revised Code, the Director of Budget and Management
shall transfer $14,817,105 for use in fiscal year 2008 from the
General Revenue Fund to the Auto Emissions Test Fund (Fund 5BY).
On July 1, 2008, or as soon as possible thereafter, if the
Governor issues a subsequent executive order under division (A) of
section 3704.14 of the Revised Code, the Director of Budget and
Management shall transfer $15,057,814 for use in fiscal year 2009
from the General Revenue Fund to the Auto Emissions Test Fund
(Fund 5BY).
The Ohio Environmental Protection Agency (EPA) shall use the
foregoing appropriation item 715-681, Auto Emissions Test, in the
Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio
EPA's costs for oversight, of the auto emissions testing program.
For purposes of continuing testing beyond December 31, 2007, the
Governor, annually and by executive order, may extend an existing
contract with the contractor who is implementing the testing
program pursuant to section 3704.14 of the Revised Code for a
period of one year.
The funds identified in this section shall not be used (1) to
pay for the testing costs of any dealers to provide certificates
for vehicles being purchased by individuals who reside in areas
where the E-Check program is operated or (2) to pay for more than
one passing or three total free tests for any vehicle in a
three-hundred-sixty-five-day period. When state funds may not be
used to pay for testing costs, the cost of testing and retesting
paid by an individual or a business for any vehicle shall cover
the cost of the test. Testing and other fees charged by the
contractor shall be submitted to and approved by the Director of
Environmental Protection.
WATER QUALITY PROTECTION FUND
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 3F4, Water
Quality Management. The Director of Budget and Management shall
transfer the amount certified from Fund 3F4 to Fund 3BU, Water
Quality Protection. Any existing encumbrances in appropriation
item 715-633, Water Quality Management (Fund 3F4), shall be
cancelled and re-established against appropriation item 715-684,
Water Quality Protection (Fund 3BU). The amounts of the
re-established encumbrances are hereby appropriated, and Fund 3F4
is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 3J1, Urban
Stormwater. The Director of Budget and Management shall transfer
the amount certified from Fund 3J1 to Fund 3BU, Water Quality
Protection. Any existing encumbrances in appropriation item
715-620, Urban Stormwater (Fund 3J1), shall be cancelled and
re-established against appropriation item 715-684, Water Quality
Protection (Fund 3BU). The amounts of the re-established
encumbrances are hereby appropriated, and Fund 3J1 is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 3J5, Maumee
River. The Director of Budget and Management shall transfer the
amount certified from Fund 3J5 to Fund 3BU, Water Quality
Protection. Any existing encumbrances in appropriation item
715-615, Maumee River (Fund 3J5), shall be cancelled and
re-established against appropriation item 715-684, Water Quality
Protection (Fund 3BU). The amounts of the re-established
encumbrances are hereby appropriated, and Fund 3J5 is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 3K2, Clean Water
Act 106 (Fund 3K2). The Director of Budget and Management shall
transfer the amount certified from Fund 3K2 to Fund 3BU, Water
Quality Protection. Any existing encumbrances in appropriation
item 715-628, Clean Water Act 106, shall be cancelled and
re-established against appropriation item 715-684, Water Quality
Protection (Fund 3BU). The amounts of the re-established
encumbrances are hereby appropriated, and Fund 3K2 is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 3K6, Remedial
Action Plan. The Director of Budget and Management shall transfer
the amount certified from Fund 3K6 to Fund 3BU, Water Quality
Protection. Any existing encumbrances in appropriation item
715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and
re-established against appropriation item 715-684, Water Quality
Protection (Fund 3BU). The amounts of the re-established
encumbrances are hereby appropriated, and Fund 3K6 is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 352, Wastewater
Pollution. The Director of Budget and Management shall transfer
the amount certified from Fund 352 to Fund 3BU, Water Quality
Protection. Any existing encumbrances in appropriation item
715-611, Wastewater Pollution (Fund 352), shall be cancelled and
re-established against appropriation item 715-684, Water Quality
Protection (Fund 3BU). The amounts of the re-established
encumbrances are hereby appropriated, and Fund 352 is abolished.
On July 1, 2007, or as soon thereafter as possible, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in Fund 358, 205-J
Federal Planning. The Director of Budget and Management shall
transfer the amount certified from Fund 358 to Fund 3BU, Water
Quality Protection. Any existing encumbrances in appropriation
item 715-625, 205-J Federal Planning (Fund 358), shall be
cancelled and re-established against appropriation item 715-684,
Water Quality Protection (Fund 3BU). The amounts of the
re-established encumbrances are hereby appropriated, and Fund 358
is abolished.
AREAWIDE PLANNING AGENCIES
The Director of the Environmental Protection Agency shall use
the foregoing appropriation item 715-624, Surface Water, to
contract with areawide planning agencies in an amount not to
exceed $75,000 per agency per fiscal year for areawide water
quality management and planning activities in accordance with
Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288.
CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM
Upon the request of the Director of Environmental Protection,
the Director of Budget and Management shall transfer up to $60,000
in cash from the Environmental Protection Fund (Fund 5BC) to the
Automotive Mercury Switch Program Fund (Fund 5DW), in each year of
the fiscal years 2008-2009 biennium.
Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172-321 |
|
Operating Expenses |
|
$ |
483,859 |
|
$ |
487,000 |
TOTAL GRF General Revenue Fund |
|
$ |
483,859 |
|
$ |
487,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
483,859 |
|
$ |
487,000 |
Section 285.10. ETC ETECH OHIO
GRF |
935-321 |
|
Operations |
|
$ |
6,830,918 |
|
$ |
6,830,921 |
GRF |
935-401 |
|
Statehouse News Bureau |
|
$ |
244,400 |
|
$ |
244,400 |
GRF |
935-402 |
|
Ohio Government Telecommunications Services |
|
$ |
716,417 |
|
$ |
716,417 |
GRF |
935-403 |
|
Technical Operations |
|
$ |
3,597,390 |
|
$ |
3,597,390 |
GRF |
935-404 |
|
Telecommunications Operating Subsidy |
|
$ |
4,632,413 |
|
$ |
4,632,413 |
GRF |
935-406 |
|
Technical and Instructional Professional Development |
|
$ |
6,285,351 |
|
$ |
6,272,351 |
GRF |
935-539 |
|
Educational Technology |
|
$ |
4,139,551 |
|
$ |
4,139,551 |
TOTAL GRF General Revenue Fund |
|
$ |
26,446,440 |
|
$ |
26,433,443 |
General Services Fund Group
4F3 |
935-603 |
|
Affiliate Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
4T2 |
935-605 |
|
Government Television/Telecommunications Operating |
|
$ |
25,000 |
|
$ |
25,000 |
5D4 |
935-640 |
|
Conference/Special Purposes |
|
$ |
1,821,817 |
|
$ |
1,821,817 |
TOTAL GSF General Services Fund Group |
|
$ |
2,846,817 |
|
$ |
2,846,817 |
Federal Special Revenue Fund Group
3S3 |
935-606 |
|
Enhancing Education Technology |
|
$ |
589,363 |
|
$ |
589,363 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
589,363 |
|
$ |
589,363 |
State Special Revenue Fund Group
4W9 |
935-630 |
|
Telecommunity |
|
$ |
25,000 |
|
$ |
25,000 |
4X1 |
935-634 |
|
Distance Learning |
|
$ |
50,000 |
|
$ |
50,000 |
5T3 |
935-607 |
|
Gates Foundation Grants |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
275,000 |
|
$ |
275,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
30,157,620 |
|
$ |
30,144,623 |
Section 285.30. TELECOMMUNICATIONS
The foregoing appropriation item 935-401, Statehouse News
Bureau, shall be used solely to support the operations of the Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO
The foregoing appropriation item 935-402, Ohio Government
Telecommunications Services, shall be used solely to support the
operations of Ohio Government Telecommunications Services.
The foregoing appropriation item 935-403, Technical
Operations, shall be used by eTech Ohio to pay expenses of eTech
Ohio's network infrastructure, which includes the television and
radio transmission infrastructure and infrastructure that shall
link all public K-12 classrooms to each other and the Internet,
and provide access to voice, video, and data educational resources
for students and teachers.
TELECOMMUNICATIONS OPERATING SUBSIDY
Of the foregoing appropriation item 935-404,
Telecommunications Operating Subsidy, $45,000 in each fiscal year
shall be used to contract for dial-up newspaper reading services
for the blind and physically handicapped. The contract shall be
awarded subject to Controlling Board approval, through a
competitive bidding process.
Of the foregoing appropriation item 935-404,
Telecommunications Operating Subsidy, $1,000,000 in each fiscal
year shall be used to support the conversion of Ohio's public
educational television stations from analog to federally mandated
digital broadcasting technology.
Funds appropriated to support the conversion to digital
technology shall be distributed by eTech Ohio to the Ohio
educational television stations according to a formula agreed to
by the stations.
The remainder of appropriation item 935-404,
Telecommunications Operating Subsidy, shall be distributed by
eTech Ohio to Ohio's qualified public educational television
stations, radio reading services, and educational radio stations
to support their operations. The funds shall be distributed
pursuant to an allocation formula used by the Ohio Educational
Telecommunications Network Commission unless and until a
substitute formula is developed by eTech Ohio in consultation with
Ohio's qualified public educational television stations, radio
reading services, and educational radio stations.
Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 935-406, Technical and
Instructional Professional Development, shall be used by eTech
Ohio to make grants or provide services to qualifying public
schools, including the State School for the Blind, the State
School for the Deaf, and the Department of Youth Services, for the
provision of hardware, software, telecommunications services, and
staff development to support educational uses of technology in the
classroom.
Of the foregoing appropriation item 935-406, Technical and
Instructional Professional Development, up to $200,000 in each
fiscal year shall be used by eTech Ohio to provide competitive
professional development grants to school districts. Grant
proposals shall focus on developing innovative programs that
enhance the abilities of teachers to use innovative methods for
integrating technology to implement state academic content
standards in classroom lessons. Grant requirements and awards
shall be approved by eTech Ohio, with priority given to school
districts designated in academic emergency, academic watch, or
continuous improvement. eTech Ohio shall develop a web site to
share information learned through these programs with school
districts statewide. The web site shall be linked with the Ohio
Department of Education's Instructional Management System.
Of the foregoing appropriation item 935-406, Technical and
Instructional Professional Development, up to $1,260,000 in each
fiscal year shall be allocated equally among the 12 Ohio
educational television stations and used with the advice and
approval of eTech Ohio. Funds shall be used for the production of
interactive instructional programming series with priority given
to resources aligned with state academic content standards in
consultation with the Ohio Department of Education and for
teleconferences to support eTech Ohio. The programming shall be
targeted to the needs of the poorest two hundred school districts
as determined by the district's adjusted valuation per pupil as
defined in former section 3317.0213 of the Revised Code as that
section existed prior to June 30, 2005.
The remainder of appropriation item 935-406, Technical and
Instructional Professional Development, shall be used by eTech
Ohio for professional development for teachers and administrators
for the use of educational technology. eTech Ohio may make grants
to provide technical assistance and professional development on
the use of educational technology to school districts.
Eligible recipients of grants include regional training
centers, educational service centers, information technology
centers, educational technology centers, institutions of higher
education, public television stations, special education resource
centers, area media centers, or other nonprofit educational
organizations. In addition, services provided through these grants
may include use of private entities subcontracting through the
grant recipient.
Grants shall be made to entities on a contractual basis with
eTech Ohio. Contracts shall include provisions that demonstrate
how services will benefit technology use in the public schools,
and in particular how services will support eTech Ohio's efforts
to integrate technology in the public schools. Contracts shall
specify the scope of assistance being offered and the potential
number of professionals who will be served. Contracting entities
may be awarded more than one grant at a time. Grants shall be
awarded in a manner consistent with the goals and priorities of
eTech Ohio. Special emphasis in the award of grants shall be
placed on collaborative efforts among service providers.
Application for grants from appropriation item 935-406,
Technical and Instructional Professional Development, shall be
consistent with a school district's technology plan that shall
meet the minimum specifications for school district technology
plans as prescribed by eTech Ohio. Funds allocated through these
grants may be combined with funds received through other state or
federal grants for technology so long as the school district's
technology plan specifies the use of these funds.
Section 285.50. EDUCATIONAL TECHNOLOGY
The foregoing appropriation item 935-539, Educational
Technology, shall be used to provide funding to suppliers of
information services to school districts for the provision of
hardware, software, and staff development in support of
educational uses of technology in the classroom as prescribed by
the State Plan for Technology pursuant to section 3301.07 of the
Revised Code, and to support assistive technology for children and
youth with disabilities.
eTech Ohio shall contract with educational television to
provide Ohio
public schools with instructional resources and
services with
priority given to resources and services aligned
with state
academic content standards and such resources and
services shall
be based upon the advice and approval of eTech
Ohio, based on a
formula used by the Ohio SchoolNet Commission
unless and until a
substitute formula is developed by eTech Ohio
in consultation with
Ohio's educational technology agencies and
noncommercial
educational television stations.
Resources may include, but not be limited to, the following:
prerecorded video materials (including videotape, laser discs, and
CD-ROM discs); computer software for student use or student access
to electronic communication, databases, spreadsheet, and word
processing capability; live student courses or courses delivered
electronically; automated media systems; and instructional and
professional development materials for teachers. eTech Ohio shall
collaborate with public television stations and cooperate with
education technology agencies in the acquisition, development, and
delivery of these educational resources to ensure high-quality and
educational soundness at the lowest possible cost. Delivery of
these resources may utilize a variety of technologies with a
preference given to a high speed integrated network that can
transport video, voice, data, and graphics simultaneously.
Services shall include presentations and technical assistance
that will help students and teachers integrate educational
materials that support curriculum objectives, match specific
learning styles, and are appropriate for individual interests and
ability levels.
The instructional resources and services shall be made
available for purchase by chartered nonpublic schools or by school
districts for the benefit of pupils attending chartered nonpublic
schools.
eTech Ohio shall monitor the developments of technology,
coordinate with the Office of Information Technology, and assure
the most effective and highest quality operation of eTech Ohio
networks. All efforts may be aligned with the State's ongoing
efforts to coordinate appropriate network operations through the
Office of Information Technology and through the Third Frontier
Network.
Section 285.55. (A) The Governor is hereby authorized to
execute deeds or leases in the name of the state, granting or
leasing all of the state's right, title, and interest in eighteen
parcels on which stand eTech Ohio towers, the parcels being
particularly described as follows:
Situated in the Township of Green, County of Summit, State of Ohio
being part of the Southwest Quarter Section Eighteen (18) of
Township Twelve North (T-12-N), Range Nine West (R-9-W), more
particularly bounded and described as follows:
Commencing at the Point of Intersection of the centerline of South
Main Street (County Highway 50) with the centerline of Caston Road
(County Highway 224); thence South 49 07' 20" East along and with
the centerline of said Caston Road a distance of 394.15 feet to an
iron pin; thence continuing South 49 07' 20" East a distance of
300 feet to an iron pin at a PI of the centerline of said Caston
Road; thence South 38 05' 26" East a distance of 138.82 feet to an
iron pin at the True Place of Beginning of the parcel of land
hereinafter described:
Thence, South 50° 22' 26" East a distance of 50 feet to an
iron pin;
Thence, South 9° 37' 34" West a distance of 591.62 feet to an
iron pin;
Thence, South 69° 37' 34" West a distance of 50 feet to an
iron pin;
Thence, North 49° 22' 19" West a distance of 558.17 feet to
an iron pin;
Thence, North 9° 37' 34" East a distance of 50 feet to an
iron pin;
Thence, North 67° 37' 34" East a distance of 558.17 feet to
the True Place of Beginning, containing 4.38 acres, to be the same
more or less, according to survey by Justin A Seiler, Registered
Surveyor #4421, on March 20, 1974, but subject to all legal
highways.
County of Richland in the State of Ohio, and bounded and described
as follows: Situated in the Township of Jefferson, County of
Richland, State of Ohio and being a part of the Southeast Quarter
of the Southeast Quarter Section Twenty-three (23) of Township
Nineteen (19), Range Eighteen (18), more particularly bounded and
described as follows:
Commencing at the Southeast Corner of said Southeast Quarter
Section 23; thence Northerly along and with the East Line of said
Quarter a distance of 80 Rods to the Northeast corner of said
Southeast Quarter of the Southeast Quarter Section 23; thence
Westerly parallel with the South Line of said Quarter a distance
of 202.5 feet to the True Place of Beginning;
THENCE, continuing Westerly parallel with said South Line a
distance of 688 feet to an iron pin;
THENCE, Southerly with an interior angle of 90° a distance of 763
feet to an iron pin;
THENCE, Easterly with an interior angle of 90° a distance of 688
feet to an iron pin;
THENCE, Northerly with an interior angle of 90° a distance of 763
feet to the True Place of Beginning, containing 12.05 acres, be
the same more or less, according to survey by Justin A. Seiler,
Registered Surveyor #4421, on March 12, 1974.
Being a tract of land in Section 28, Range 13E, Township 15,
Crawford Township, Wyandot County, State of Ohio which is further
described as follows:
Beginning at a point on the north line of Section 28 which line is
also the center line of Count road 25 (also known as Tyson Road)
which point is South 89° 53' 11" East long the said north line of
Section 28, a distance of two hundred sixty-one and ninety
hundredths (261.90) feet from the northwest corner of said Section
28 said corner also being the intersection of the center line of
County Road 97 and said County Road 25;
Thence, along the said north line of Section 28 North 89° 53' 30"
East, a distance of four hundred thirty-one and seventy-one
hundredths (431.71) feet to a point;
Thence, South 3° 42' 00" West, a distance of twenty and four
hundredths (20.04) feet to a concrete monument;
Thence, continuing South 3° 42' 00" West, a distance of seven
hundred sixty-nine and fifty-four hundredths (769.54) feet to a
concrete monument;
Thence, North 62° 09' 49" West, a distance of five hundred
ninety-five and four hundredths (595.04) feet to a concrete
monument;
Thence, North 4° 53' 19" West, a distance of four hundred
thirty-six and seventy-five hundredths (436.75) feet to a concrete
monument;
Thence, North 73° 29' 57" East, a distance of one hundred ninety
and fifty-four hundredths (190.54) feet to a concrete monument;
Thence, North 0° 06' 30" West, a distance of twenty and no
hundredths (20.00) feet to the point of beginning.
Township of Bloomfield, in the County of Jackson, and State of
Ohio.
Being a tract of land in the Southeast Quarter of Section 35 in
Range 17W, Township 8N, Bloomfield Township, Jackson County, Ohio
which is further described as follows:
Beginning at a point in the center line of Township Road 144 which
point is located by the following two (2) courses from the
northwest corner of the said Southeast Quarter of Section 35;
(1) South 4° 24 feet West along the west line of the said
Southeast Quarter of Section 35, a distance of one hundred
thirty-one and four tenths (131.4) feet to a point in the said
center line of Township Road 144;
(2) South 65° 11 feet East along the said center line of
Township Road 144, a distance of five hundred eighty-five and no
hundredths (585.00) feet to said beginning point;
Thence, South 4° 24 feet West, a distance of thirty-two and one
hundredth (32.01) feet to a concrete monument;
thence, continuing South 4° 24 feet West, a distance of six
hundred forty-two and forty hundredths (642.40) feet to a concrete
monument;
thence, continuing South 4° 24 feet West, a distance of thirty-two
and two hundredths (32.02) feet to a point in the County Road 46;
thence, North 73° 56 feet East being in County Road 46, a distance
of one thousand eleven and forty-nine hundredths (1,011.49) feet
to a point in the aforementioned center line of Township Road 144;
thence, North 65° 11 feet West along the said center line of
County Road 144, a distance of one thousand eleven and seventeen
hundredths (1,011.17) feet to the point of the beginning.
This tract contains seven and six hundred eight-two thousandths
(7.682) acres, more or less.
Being a parcel of land situated in Jefferson Township, Mercer
County, Ohio in the northeast quarter of the northeast quarter of
Section 4, Township 6 South, Range 3 East. Being more particularly
described as follows:
Commencing for reference at a 5/8 inch iron bar at the northeast
corner of said section 4
Thence, south 00° 50' 10" west, along the east line of said
section 4 and the centerline of Dibble Road, a distance of thirty
(30.00) feet to the south line of the Norfolk and Western Railroad
Right-of Way. Said point being the place of beginning for the
parcel to be described herein
Thence, continuing south 00° 50' 10" west along the last described
line, a distance of two hundred thirty-eight and 50/100 (238.50)
feet to a point
Thence, north 89° 05' 33" west, a distance of two hundred
sixty-seven and 91/100 (267.91) feet to a point
Thence, north 00° 50' 10" east, a distance of two hundred
thirty-eight and 51/100 (238.50) feet to the south line of the
aforementioned Norfolk the Western Railroad right-of-way
Thence, south 89° 05' 33" east, along said south right-of-way, a
distance of two hundred sixty-seven and 91/100 (267.91) feet to
the place of beginning
Containing 1.467 acres of land more or less.
Being a parcel of land situated in Jefferson Township, Mercer
County, Ohio in the northwest quarter of the northeast quarter of
Section 3, Township 6 South, Range 3 East. Being more particularly
described as follows:
Commencing for reference at a 5/8 inch iron bar at the northwest
corner of said section 3
Thence, south 00° 50' 10" west, along the east line of said
section 3 and the centerline of Dibble Road, a distance of fifty
(50.00) feet to the south line of the Norfolk and Western Railroad
Right-of-Way. Said point being the place of beginning for the
parcel to be described herein
Thence, continuing south 00° 50' 10" west along the last described
line, a distance of Five Hundred eighty-two and 50/100 (582.50)
feet to a point
Thence, north 89° 05' 33" east, a distance of three hundred
sixty-seven and 91/100 (367.91) feet to a point
Thence, north 00° 50' 10" east, a distance of five hundred
eighty-two and 50/100 (582.50) feet to the south line of the
aforementioned Norfolk and Western Railroad right-of-way
Thence, north 89° 05' 33" west, along said south right-of-way, a
distance of three hundred sixty-seven and 91/100 (367.91) feet to
the place of beginning
Containing 4.920 acres of land more or less.
Situate in the State of Ohio, Butler County, Oxford Township,
being a part of Section 5, Range 1 East, Township 5 North,
Congress Lands West of the Miami, also being a parcel out of those
lands conveyed to Miami University by Deed of Record in Deed Book
965, Page 42, Recorder's Office, Butler County, Ohio and being a
lease for a radio broadcasting antenna tower and the necessary guy
and anchor structures, more particularly described as follows:
Beginning for reference at the northwest corner of Section 5,
Range 1 East, Township 5 North, Congress Lands West of the Miami,
said point also being at the intersection of Jones Road and Taylor
Road and in the Preble-Butler County Line; thence leaving said
County Line, said Jones road and with the centerline of said
Taylor Road and the west line of said Section 5, South 00° 05'
West 3619.2 feet to a point, said point being the northwesterly
corner of the 14.01 acre tract as conveyed in said Deed Book 695,
Page 42,; thence leaving the centerline of said Taylor Road and
the west line of said Section 5 and with a northerly line of said
14.01 acre parcel South 89 degrees 55' East 356.8 feet to a point;
thence leaving the northerly line of said 14.01 acre parcel and
crossing said 14.01 acre parcel South 00° 05' West 40.00 feet to a
point; thence continuing across said 14.01 acre parcel North 87°
53' East 386.5 feet to the center of an existing antenna tower and
the True Point of Beginning of the herein described leases, said
tower also having geographic coordinates of North Latitude 39° 31'
37" and West Longitude 84° 47' 36".
Parcel A: Being a circular area of fifty (50.00) foot radius
centered on the aforedescribed antenna tower and containing 7854
square feet, more or less.
Parcel B: Beginning at a point which bears North 27° 53' East, a
distance of fifty (50.00) feet from the aforedescribed antenna
tower and at a point on the circumference of the aforedescribed
circle; thence with the centerline of a twenty (20.00) foot wide
easement, being ten (10.00) feet on each side of said centerline
North 27° 53' East 300.00 feet to the terminus of said Lease B and
containing 6006.7 square feet, more or less.
Parcel C: Beginning at a point which bears South 32° 07' East a
distance of fifty (50.00) feet from the aforedescribed antenna
tower and at a point on the circumference of the aforedescribed
circle; thence with the centerline of a twenty (20.00) foot wide
easement, being ten (10.00) feet on each side of said centerline
South 32° 07' East 293.00 feet to the terminus of said Lease C and
containing 5866.7 square feet, more or less
Parcel D: Beginning at a point which bears South 87° 53' West a
distance of fifty (50.00) feet from the aforedescribed antenna
tower and at a point on the circumference of the aforedescribed
circle; thence with the centerline of a twenty (20.00) foot wide
easement, being ten (10.00) feet on each side of said centerline
South 87° 53' West 300.00 feet to the terminus of said Lease D and
containing 6006.7 square feet, more or less.
The aforedescribed four lease parcels containing a total of
25734.1 square feet or 0.591 acres, more or less
Located in Sheffield Township, Ashtabula County, State of Ohio and
being part of Lot 2, Township 12, Range 2 and more particularly
described as follows:
Beginning at the intersection of the centerline of Plymouth Ridge
Road and the centerline of Wright Street said intersection also
being the Southwest corner of Steven Raydek property;
Thence North along the said centerline of Wright Street a distance
of 1,782.0 feet to a point;
Thence Easterly with an interior angle of 90° 00 minutes along the
Westerly projection of the East guy line a distance of 180.0 feet
to the center of the tower.
Being a tract of land situated on Wright State University campus,
City of Fairborn, Green County, State of Ohio, and being bounded
and more particularly described as follows:
Beginning at a point being at P.K. nail located in the centerline
of Colonel Glenn Highway, and the point being referred to as
station 104+00; thence North (13°-17'-57") East a distance of
1933.55 feet to an iron pin being the true point of beginning;
thence North (44°-08'-37") West a distance of 49.04 feet to an
iron pin; thence North (45°-51'23") East a distance of 70.95 feet
to an iron pin; thence South (44°-08'-37") a distance of 49.04
feet to an iron pin; thence South (45°-51'-23") West a distance of
70.95 feet to an iron pin being the true point of beginning
containing 0.080 acres more or less subject however to all
easements of record.
Situated in the state of Ohio, County of Fairfield, Township of
Hocking and further described as follows:
Being a site 100' in length, east and west, by 50' in width, north
and south, within which area a base for a broadcasting tower, a
generator pad and a tank foundation are to be constructed, said
tower to be located approximately 184 feet north of the southwest
corner of building No. 2.004 and approximately 132 feet east of
the fence along the easterly side of Jackson Road, also, together
with existing guy wires and an access road running from Jackson
Road, thence due east to the west line of the above described
site.
Roberts Mill Road on certain lands belonging to the State of Ohio,
known as London Prison Farm.
Located in Washington Township, Holmes County, State of Ohio and
in the East Half of the northwest Quarter of Section 5, Township
19, Range 15 and more particularly described as follows:
Beginning at the intersection of the centerline of Township Road
32 and the west line of the east half of the northwest quarter of
Section 5, said west line also being the Grantor's westerly
property line.
Thence easterly along the said centerline a distance of 270.8 feet
to a point;
Thence Southerly along the North Guy line projected a distance of
660.25 feet to the center of the Tower, said center of the Tower
being 314 feet, more or less, easterly of the said West line of
the East Half of the northwest Quarter of Section 5.
The total area of occupancy, including the tower base, building
and guy line areas shall not exceed 1.0 acre.
Situate in the State of Ohio, County of Richland, Washington
Township, being a part of the Northwest Quarter (1/4) of Section
11, Township 20 North, Range 18 West, also being a parcel out of
those lands conveyed to James Edward Procker by Deed of Record in
Deed Book 585, Page 578, Recorders Office, Richland County, Ohio
and being more particularly described as follows:
Beginning for Reference at the intersection of the centerline of
the Mansfield-Washington Road (C.H. 301) and the southeast line of
James Procker's 15 acre parcel as described in said Deed Book 585,
Page 578, Recorder's Office, Richland County, Ohio and in the
Northeast Quarter (1/4) of said Section 11; thence leaving said
Mansfield-Washington Road and with the southeast line of said
James Procker South 47° 59' 08" West 968.22 feet to a point on the
East line of Northwest Quarter (1/4) of said Section 11; thence
leaving the East line of said Northwest Quarter (1/4) of said
Section 11 and across the lands of said James Procker and the
Northwest Quarter (1/4) of said Section 11 North 64° 11' 46" West
1186.56 feet to a point, the center of an existing radio
transmission tower; thence North 09° 01' 06" West 13.00 feet to
the Reference Point of Beginning of the four (4) hereinafter
described easements, said Point of Beginning being half (1/2) way
towards another existing radio transmission tower, 26.00 feet
northerly from the first transmission tower.
Lease No. 1 Circular Area
Being a Circle having a 75.00 foot Radius, centered upon The
Reference Point of Beginning as described above, said Reference
Point being True Point of Beginning for this circular area and
lying half (1/2) way between two existing Radio Transmission
Towers and containing 17,671 square feet, more or less.
Lease No. 2 Guy and Anchor Area (Northerly)
Beginning for Reference at the aforementioned Reference Point of
Beginning at a point half (1/2) way between two existing Radio
Transmitting Towers: thence North 09 50' 08" East 75.00 feet to a
point on the circumference of the 75.00 foot radius circle
described in Lease No. 1 above and the True Point of Beginning of
the following described parcel; thence along the centerline of a
18.00 foot wide strip, 9 foot on each side of the following
described line and parallel with the northerly guy of the
southerly Radio Transmitting Tower,
North 09° 50' 08" East 237.14 feet to the terminus of Lease No. 2
and containing 4269 square feet, more or less.
Lease No. 3 Guy and Anchor Area (Southereasterly)
Beginning for Reference at the aforementioned Reference Point of
Beginning at a point half (1/2) way between two existing Radio
Transmitting Towers; thence South 50 09' 52" East 75.00 feet to a
point on the circumference of the 75.00 foot radius circle
described in Lease No. 1 above and the True Point of Beginning of
the following described parcel; thence along the centerline of a
27.00 foot wide strip, 13.50 feet on each side of the following
described line and parallel with the southeasterly guy of the
southerly Radio Transmitting Tower,
South 50° 09' 52" East 217.93 feet to the terminus of Lease No. 3
and containing 5884 square feet, more or less.
Lease No. 4 Guy and Anchor Area (southwesterly)
Beginning for Reference at the aforementioned Reference Point of
Beginning at a point half (1/2) way between two existing Radio
Transmitting Towers; thence South 69° 50' 08" West 75.00 feet to a
point on the circumference of the 75.00 foot radius circle
described in Lease No. 1 above and the True Point of Beginning of
the following described line and parallel with the southwesterly
guy of the southerly Radio Transmitting Tower.
South 69° 50' 08" West 240.84 feet to the terminus of Lease No. 4
and containing 10,356 square feet, more or less.
The following described Real Estate, situate in the Township of
Jackson in the County of Shelby and State of Ohio.
Being part of the southeast quarter of the southeast quarter of
Section 29, Town 7 South, Range 7 East, Jackson Township, Shelby
County, Ohio, and more particularly described as follows:
Commencing at the stone at the Southeast corner of the Southeast
quarter of Section 29, Jackson Township, (stone being in the
center on the Wones Road and State Route 119); thence in a
westerly direction along the center o the State Route 119, 971.58
feet to a Railroad Spike, this being the PLACE OF BEGNNNING.
Thence continuing in a westerly direction along the center of
State Route 119, 340.80 feet to a Railroad Spike on the West line
of the Southeast Quarter of the Southeast Quarter of Section 29,
Jackson Township; thence in a Northerly direction with an internal
angle of 89 degrees 25 minutes along the West line of the
Southeast Quarter of the Southeast Quarter of Section 29, Jackson
Township, 1142.38 feet to a Railroad Tie corner post; thence in an
Easterly direction with an internal angle of 90 degrees 40 minutes
339.50 feet to an iron pipe; thence in a Southerly direction with
an internal angle of 89 degrees 22 minutes, 1143.63 feet to the
Railroad Spike in the center of State Route 119, which was the
PLACE OF BEGINNING.
The above described tract of land contains 8.92 areas more or
less, subject to all legal highways and easements of record. Being
part of the same premises conveyed by deed recorded in Volume 196,
Page 132 of the Deed Records of Shelby County, Ohio.
ALSO, Situate in the Township of Jackson in the County of Shelby
and State of Ohio.
The following described tract of land is part of the southeast
quarter of southeast quarter of Section 29 - T7S - R7E, Jackson
Township, Shelby County, Ohio and is more particularly described
as follows.
Commencing at a stone at the southeast corner of southeast quarter
of Section 29 Jackson Township. (Stone being in the center on
Wones Road and State Route 119).
Thence in a westerly direction along center line of S. R. 119,
777.46' to first railroad spike. Continuing in westerly direction
along center line of S.R. 119, 194.12' to second railroad spike.
Thence in a northerly direction with internal angle of 89°, 27',
495 ft. to I.P. (set stake). This being place of beginning.
Thence in a northerly direction 634.08' to an iron pipe (post).
Thence in an easterly direction with internal angle of 90° - 18',
194.11' to an iron pipe.
Thence in a southerly direction with internal angle of 89° - 42',
633.33' to a point (set stake).
Thence in a westerly direction with internal angle of 90° - 33',
194.115' to I.P. which was place of beginning.
Being a part of a 35.47 acre parcel of land, known as lot #24 in
the 1st quarter Township, Township 9, Range 8, Monroe Township,
Holmes County, Ohio. Being more particularly described as follows:
Being a plot approximately 30' X 20' (approximately 600 square
feet), located in the northwest corner of the property with center
of tower base to be located approximately 500' south of north
property line and 152' east of West property line.
Begin part of a 16 acre parcel of land situated in Thompson
Township, Geauga County, Ohio, and known as Lot #20 as described
in Deed #272-290. Being more particularly described as follows:
Being a triangular land area measuring fifty (50) feet southwest
to north by fifty (50) feet southeast to north by fifty (50) feet
west to east to be situated at the northwest corner of the
aforementioned 16 acre parcel. Also being an additional
rectangular land area measuring from the southwest corner of the
aforementioned land area south 21 feet then east by 35 feet then
north by 21 feet thus returning to the southeast corner of the
aforementioned land area.
Situate in the State of Ohio, Greene County, Xenia Township and
the Village of Wilberforce and being a part of those lands
conveyed from Central State University to the Ohio Educational
Broadcasting Network Commission by a Transfer of Jurisdiction,
dated September 18, 1974, and being two (2) easements more
particularly described as follows:
Tract No. 1. Steam Tunnel serving Lane Hall (Guy and Anchor Block)
Being an eight foot (8.0') wide easement, four feet (4.0') on each
side of the following described centerline; Beginning for
Reference at approximate station 11+60 as shown on Drawing No.
G-1, Sheet 3 of 35, Section No. G-5, Titled Project No.
255-88-059, UTILITY TUNNEL LOOP, Phase 1, Central State University
and prepared by Fosdick and Hilmer, Inc., Consulting Engineers and
THP Limited of Cincinnati, Ohio; thence with the centerline of the
Steam Tunnel serving said Lane Hall, South 31° East 30.0 feet more
or less; thence South 48° 30' East 84.3 feet, more or less, to the
True Point of Beginning of the herein described easement; thence
continuing with the centerline of said Steam Tunnel
South 48° 30' East 17.4 feet, more or less, to the terminus of the
herein described easement.
Tract No. 2. Steam Tunnel G-5 Serving the Cosby Center for Mass
Communication (antenna site)
Being a five foot (5.0') wide easement, two and one-half feet
(2.5') on each side of the following described centerline;
Beginning for Reference at a northerly corner of the Cosby Center
for Mass Communication; thence with a northwesterly wall of said
Cosby Center South 41° West 67.4 feet, more or less, to the True
Point of Beginning of the herein described easement and on the
centerline of said Steam Tunnel as shown on Drawing No. G-1, Sheet
3 of 35, Section No. G-5, Titled Project No. 255-88-059, UTILITY
TUNNEL LOOP, Phase 1, Central State University and prepared by
Fosdick and Hilmer, Inc. and THP Limited of Cincinnati, Ohio;
thence with the centerline of said Steam Tunnel.
North 49° West 4.6 feet, more or less; thence
North 41° East 23.3 feet, more or less, to the terminus of the
herein described easement.
Being a tract of land in Section 15, Range 13W, Township 16N,
Wooster Township, Wayne County, State of Ohio which is further
described as follows:
Beginning for a point at a concrete monument which point is
located by the following two (2) courses from the southeast corner
of Section 15:-
(1) North 0° 03' 45" East, a distance of one thousand one
hundred fifty-five and twenty hundredths (1,155.20) feet to a
point in the centerline of Hayden Road;
(2) North 58° 15' 15" West, a distance of four hundred
eighty-three and eighty-six hundredths (483.86) feet to the said
point of beginning.
Thence, North 89° 28' 57" West, a distance of five hundred seventy
and no hundredths (570.00) feet to a concrete monument;
Thence, North 0° 31' 03" East, a distance of six hundred
fifty-eight and eighteen hundredths (658.18) feet to a concrete
monument;
Thence, South 89° 28' 67" East, a distance of five hundred seventy
and no hundredths (570.00) feet to a concrete monument;
Thence, South 0° 31' 03" West, a distance of six hundred fifty
eight and eighteen hundredths (658.18) feet to the point of
beginning.
This tract contains eight and sixty-one hundredths (8.61) acres,
more or less.
(B) All rights, privileges, ownership, and control of the
towers shall be transferred from eTech Ohio to the Office of
Information Technology (OIT) by July 1, 2007. Where the land upon
which the towers are located is leased by eTech Ohio, eTech Ohio
shall relinquish its right on any such lease and OIT shall be
substituted as the lessee of the premises by July 1, 2007, under
the same terms, provisions, and conditions as specified in each
lease agreement, subject to the lessor's consent. Where the land
upon which the towers are located is owned by eTech Ohio, all
rights, privileges, ownership and control of the land shall be
transferred to OIT by July 1, 2007. The transfers and assignments
of the eighteen tower site designations are subject to eTech
Ohio's continued right to use the towers and the premises on which
the towers are located for transmission and broadcasting; to OIT
policies and procedures; and to completion of any legal surveys of
the premises deemed necessary by the Office of Real Estate
Services.
(C) Renewable leases and deeds to implement this section
shall be prepared by the Auditor of State with the assistance of
the Attorney General, executed by the Governor, countersigned by
the Secretary of State, sealed with the Great State of Ohio, and
presented for recording in the Office of the Auditor of State.
Each deed or lease shall be delivered to the original grantor or
lessor of each property for recording in the office of the
appropriate county recorder.
Section 285.60. TELECOMMUNITY
The foregoing appropriation item 935-630, Telecommunity,
shall be distributed by eTech Ohio on a grant basis to eligible
school districts to establish "distance learning" through
interactive video technologies in the school district. Per
agreements with eight Ohio local telephone companies ALLTEL Ohio,
CENTURY Telephone of Ohio, Chillicothe Telephone Company,
Cincinnati Bell Telephone Company, Orwell Telephone Company,
Sprint North Central Telephone, VERIZON, and Western Reserve
Telephone Company, school districts are eligible for funds if they
are within one of the listed telephone company service areas.
Funds to administer the program shall be expended by eTech Ohio up
to the amount specified in agreements with the listed telephone
companies.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4W9
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of any
settlement agreement between the listed companies and the Public
Utilities Commission in fiscal years 1996 and beyond.
The foregoing appropriation item 935-634, Distance Learning,
shall be distributed by eTech Ohio on a grant basis to eligible
school districts to establish "distance learning" in the school
district. Per the agreement with Ameritech, school districts are
eligible for funds if they are within an Ameritech service area.
Funds to administer the program shall be expended by eTech Ohio up
to the amount specified in the agreement with Ameritech.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4X1
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of a settlement
agreement between the company and the Public Utilities Commission
in fiscal year 1995.
The foregoing appropriation item 935-607, Gates Foundation
Grants, shall be used by eTech Ohio to provide professional
development to school district principals, superintendents, and
other administrative staff for the use of education technology.
Section 287.10. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,863,028 |
|
$ |
1,967,275 |
TOTAL GRF General Revenue Fund |
|
$ |
1,863,028 |
|
$ |
1,967,275 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
527,543 |
|
$ |
477,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
527,543 |
|
$ |
477,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,390,571 |
|
$ |
2,444,818 |
Section 289.10. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723-403 |
|
Junior Fair Subsidy |
|
$ |
400,000 |
|
$ |
400,000 |
TOTAL GRF General Revenue Fund |
|
$ |
400,000 |
|
$ |
400,000 |
State Special Revenue Fund Group
4N2 |
723-602 |
|
Ohio State Fair Harness Racing |
|
$ |
520,000 |
|
$ |
520,000 |
506 |
723-601 |
|
Operating Expenses |
|
$ |
13,643,315 |
|
$ |
13,643,315 |
640 |
723-603 |
|
State Fair Reserve |
|
$ |
125,337 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,288,652 |
|
$ |
14,163,315 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,688,652 |
|
$ |
14,563,315 |
The foregoing appropriation item 723-603, State Fair Reserve,
shall serve as a budget reserve fund for the Ohio Expositions
Commission in the event of a significant decline in attendance
because of inclement weather or extraordinary circumstances during
the Ohio State Fair resulting in a loss of revenue. The State Fair
Reserve Fund (Fund 640) may be used by the Ohio Expositions
Commission to pay bills resulting from the Ohio State Fair only if
all the following criteria are met:
(A) Admission revenues for the 2007 Ohio State Fair are less
than $2,025,000 or the admission revenues for the 2008 Ohio State
Fair are less than $2,065,000 because of inclement weather or
extraordinary circumstances. These amounts are ninety per cent of
the projected revenues for each year.
(B) The Ohio Expositions Commission declares a state of
fiscal exigency and requests release of funds from the Director of
Budget and Management.
(C) The Director of Budget and Management releases the funds.
The Director of Budget and Management may approve or disapprove
the request for release of funds, may increase or decrease the
amount of release, and may place conditions as the Director
considers necessary on the use of the released funds. The Director
of Budget and Management may transfer the appropriation from
fiscal year 2008 to fiscal year 2009 as needed.
In the event that the Ohio Expositions Commission faces a
temporary cash shortage that will preclude it from meeting current
obligations, the Commission may request the Director of Budget and
Management to approve use of the State Fair Reserve Fund (Fund
640) to meet those obligations. The request shall include a plan
describing how the Commission will eliminate the cash shortage. If
the Director of Budget and Management approves the expenditures,
the Commission shall reimburse the State Fair Reserve Fund (Fund
640) by the thirtieth day of June of that same fiscal year through
an intrastate transfer voucher. The amount reimbursed is hereby
appropriated.
Section 291.10. GOV OFFICE OF THE GOVERNOR
GRF |
040-321 |
|
Operating Expenses |
|
$ |
3,754,045 |
|
$ |
3,754,045 |
GRF |
040-403 |
|
Federal Relations |
|
$ |
435,443 |
|
$ |
435,443 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
287,000 |
|
$ |
298,000 |
TOTAL GRF General Revenue Fund |
|
$ |
4,476,488 |
|
$ |
4,487,488 |
General Services Fund Group
5AK |
040-607 |
|
Federal Relations |
|
$ |
365,149 |
|
$ |
365,149 |
TOTAL GSF General Services Fund Group |
|
$ |
365,149 |
|
$ |
365,149 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,841,637 |
|
$ |
4,852,637 |
A portion of the foregoing appropriation items 040-403,
Federal Relations, and 040-607, Federal Relations, may be used to
support Ohio's membership in national or regional associations.
The Office of the Governor may charge any state agency of the
executive branch using an intrastate transfer voucher such amounts
necessary to defray the costs incurred for the conduct of federal
relations associated with issues that can be attributed to the
agency. Amounts collected shall be deposited to the Office of the
Governor Federal Relations Fund (Fund 5AK).
Section 293.10. DOH DEPARTMENT OF HEALTH
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,327,101 |
|
$ |
2,327,101 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
1,002,619 |
|
$ |
1,002,619 |
GRF |
440-413 |
|
Local Health Department Support |
|
$ |
3,786,794 |
|
$ |
3,786,794 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
9,522,874 |
|
$ |
9,622,874 |
GRF |
440-418 |
|
Immunizations |
|
$ |
9,400,615 |
|
$ |
9,400,615 |
GRF |
440-425 |
|
Abstinence and Adoption Education |
|
$ |
500,000 |
|
$ |
500,000 |
GRF |
440-431 |
|
Free Clinic Liability Insurance |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
440-437 |
|
Healthy Ohio |
|
$ |
1,502,618 |
|
$ |
2,855,553 |
GRF |
440-438 |
|
Breast and Cervical Cancer Screening |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
7,158,127 |
|
$ |
7,158,127 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
440-451 |
|
Lab and Public Health Prevention Programs |
|
$ |
6,085,250 |
|
$ |
6,085,250 |
GRF |
440-452 |
|
Child and Family Health Services Match |
|
$ |
1,024,017 |
|
$ |
1,024,017 |
GRF |
440-453 |
|
Health Care Quality Assurance |
|
$ |
10,253,728 |
|
$ |
10,253,728 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
889,752 |
|
$ |
889,752 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
10,923,397 |
|
$ |
14,041,847 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
10,791,784 |
|
$ |
10,791,784 |
GRF |
440-507 |
|
Targeted Health Care Services Over 21 |
|
$ |
1,681,023 |
|
$ |
1,681,023 |
GRF |
440-511 |
|
Uncompensated Care and Emergency Medical Assistance |
|
$ |
0 |
|
$ |
3,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
79,799,699 |
|
$ |
87,871,084 |
General Services Fund Group
142 |
440-646 |
|
Agency Health Services |
|
$ |
3,461,915 |
|
$ |
3,461,915 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
28,884,707 |
|
$ |
28,884,707 |
473 |
440-622 |
|
Lab Operating Expenses |
|
$ |
4,954,045 |
|
$ |
4,954,045 |
683 |
440-633 |
|
Employee Assistance Program |
|
$ |
1,208,214 |
|
$ |
1,208,214 |
698 |
440-634 |
|
Nurse Aide Training |
|
$ |
170,000 |
|
$ |
170,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
38,678,881 |
|
$ |
38,678,881 |
Federal Special Revenue Fund Group
320 |
440-601 |
|
Maternal Child Health Block Grant |
|
$ |
30,666,635 |
|
$ |
30,666,635 |
387 |
440-602 |
|
Preventive Health Block Grant |
|
$ |
7,826,659 |
|
$ |
7,826,659 |
389 |
440-604 |
|
Women, Infants, and Children |
|
$ |
230,077,451 |
|
$ |
230,077,451 |
391 |
440-606 |
|
Medicaid/Medicare |
|
$ |
24,850,959 |
|
$ |
24,850,959 |
392 |
440-618 |
|
Federal Public Health Programs |
|
$ |
136,778,215 |
|
$ |
136,778,215 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
430,199,919 |
|
$ |
430,199,919 |
State Special Revenue Fund Group
4D6 |
440-608 |
|
Genetics Services |
|
$ |
3,317,000 |
|
$ |
3,317,000 |
4F9 |
440-610 |
|
Sickle Cell Disease Control |
|
$ |
1,035,344 |
|
$ |
1,035,344 |
4G0 |
440-636 |
|
Heirloom Birth Certificate |
|
$ |
5,000 |
|
$ |
5,000 |
4G0 |
440-637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
4L3 |
440-609 |
|
Miscellaneous Expenses |
|
$ |
446,468 |
|
$ |
446,468 |
4T4 |
440-603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
4V6 |
440-641 |
|
Save Our Sight |
|
$ |
1,767,994 |
|
$ |
1,767,994 |
470 |
440-647 |
|
Fee Supported Programs |
|
$ |
27,996,243 |
|
$ |
25,905,140 |
471 |
440-619 |
|
Certificate of Need |
|
$ |
869,000 |
|
$ |
898,000 |
477 |
440-627 |
|
Medically Handicapped Children Audit |
|
$ |
3,693,016 |
|
$ |
3,693,016 |
5B5 |
440-616 |
|
Quality, Monitoring, and Inspection |
|
$ |
838,479 |
|
$ |
838,479 |
5CB |
440-640 |
|
Poison Control Centers |
|
$ |
150,000 |
|
$ |
150,000 |
5CN |
440-645 |
|
Choose Life |
|
$ |
75,000 |
|
$ |
75,000 |
5C0 |
440-615 |
|
Alcohol Testing and Permit |
|
$ |
1,455,405 |
|
$ |
1,455,405 |
5D6 |
440-620 |
|
Second Chance Trust |
|
$ |
1,054,951 |
|
$ |
1,054,951 |
5EC |
440-650 |
|
Health Emergency |
|
$ |
15,312,500 |
|
$ |
0 |
5ED |
440-651 |
|
Smoke Free Indoor Air |
|
$ |
800,000 |
|
$ |
800,000 |
5G4 |
440-639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
5L1 |
440-623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
664,282 |
|
$ |
698,595 |
610 |
440-626 |
|
Radiation Emergency Response |
|
$ |
850,000 |
|
$ |
850,000 |
666 |
440-607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
14,320,687 |
|
$ |
14,320,687 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
74,910,263 |
|
$ |
57,569,973 |
Holding Account Redistribution Fund Group
R14 |
440-631 |
|
Vital Statistics |
|
$ |
70,000 |
|
$ |
70,000 |
R48 |
440-625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
90,000 |
|
$ |
90,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
623,678,762 |
|
$ |
614,409,857 |
Section 293.20. CHILD AND FAMILY HEALTH SERVICES
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, not more than $1,700,000 in each fiscal year
shall be
used for
women's health services.
Of the foregoing appropriation item 440-416, Child and Family
Health
Services, not more than
$270,000 shall be used in each
fiscal year for
the OPTIONS dental
care access program.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $1,900,000 in fiscal year 2008 and $2,150,000 in
fiscal year 2009 shall be used by
federally qualified health
centers and federally designated
look-alikes to provide services
to uninsured low-income persons.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $10,000 in each fiscal year shall be allocated to
the Jewish Family Services in Cleveland, $10,000 in each fiscal
year shall be allocated to the Jewish Family Services in
Cincinnati, $10,000 shall be allocated in each fiscal year to the
Jewish Family Services in Columbus, and $10,000 in each fiscal
year shall be allocated to the Wexner Heritage Village in Columbus
for interpreters for health care.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $10,000 in each fiscal year shall be provided to
the Jewish Family Services in Dayton, $5,000 in each fiscal year
shall be provided to the Jewish Community Center in Akron, $5,000
in each fiscal year shall be provided to the Jewish Community
Center in Sylvania, $2,500 in each fiscal year shall be provided
to the Jewish Community Center in Youngstown, and $2,500 in each
fiscal year shall be provided to the Jewish Community Center in
Canton.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $16,667 in each fiscal year shall be allocated to
the Yassenoff Jewish Community Center, $16,667 in each fiscal year
shall be allocated to the Jewish Community Center in Cincinnati,
and $16,666 in each fiscal year shall be allocated to the Jewish
Community Center in Cleveland for children's health and nutrition
camp programs.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $16,666 in each fiscal year shall be allocated to
the Athens Community Center.
Of the foregoing appropriation item 400-416, Child and Family
Health Services, $25,000 in each fiscal year shall be allocated to
the Wellness Community of Greater Columbus to provide support
services for people with cancer, their families, and caregivers.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $100,000 in each fiscal year shall be allocated
to the Compdrug Teen Dating Violence Prevention Project in
Franklin County.
Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT
PROGRAM
(A) As used in this section, "institution of higher
education" means a public or private university or college in this
state, including a community college or state community college.
(B) The Director of Health shall conduct a pilot program in
fiscal year 2009 for the purpose of awarding grants to up to four
institutions of higher education to establish and operate on a
selected institution's campus an office that provides support to
students who are pregnant or who are the parents or legal
guardians of one or more minors. Planning for the pilot program
shall commence in fiscal year 2008.
(C) An institution of higher education may apply for a grant
by completing and submitting an application form supplied by the
Director. The Director may require the institution to submit
additional information after the Director has reviewed the
application.
(D) Before awarding a grant, the Director shall secure a
written agreement in which the proposed grantee commits to doing
all of the following:
(1) Locating the office described in division (B) of this
section on the campus of the institution.
(2) Assessing the institution's performance in both of the
following areas:
(a) Offering health insurance plans to students that include
coverage for prenatal and postpartum care and riders for the
coverage of additional family members;
(b) Providing services or items that meet the needs of
students who are pregnant or who are the parents or legal
guardians of one or more minors, including family housing, child
care, flexible or alternative academic scheduling, education
concerning responsible parenting and healthy marriages, maternity
and infant clothing, formula and baby food, and baby furniture.
(3) Identifying and establishing programs with public and
private service providers located on campus and in the local
community that are qualified to meet the needs described in
division (D)(2)(b) of this section.
(4) Assisting students in locating and obtaining services
that meet the needs described in division (D)(2)(b) of this
section.
(5) Providing, on the request of an individual student,
referrals for prenatal care and delivery, infant or foster care,
or adoption. The office shall make referrals only to persons or
governmental entities that primarily serve parents, prospective
parents awaiting adoption, pregnant women who plan to parent or
place a child for adoption, or married couples or couples that
plan on marrying in order to provide a supportive environment for
each other and one or more minors.
(6) Providing, by a date determined by the Director, a
written report to the Director that itemizes the office's
expenditures during the fiscal year and meets the format or form
established by the Director under division (E) of this section.
(7) Providing, after the Director's review of the report
described in division (D)(6) of this section, any additional
information requested by the Director.
(E) The Director shall establish a format or form for the
written report that must be provided by an institution under
division (D)(6) of this section. In establishing the format or
form, the Director shall identify specific performance criteria
the institution must address in the report.
(F) The Director may adopt any rules necessary to implement
this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.
(G) Of the foregoing appropriation item 440-416, Child and
Family Health Services, $50,000 in fiscal year 2009 shall be used
to make grants for the pilot program described in this section.
Section 293.27. As used in this section, "federally qualified
health center" means a health center that receives a federal
public health services grant under the "Public Health Services
Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another
health center designated by the U.S. Health Resources and Services
Administration as a federally qualified health center.
The Department of Health may establish a pilot program to
place two federally qualified health centers within or adjacent to
hospital emergency departments. One health center shall be located
in or adjacent to a hospital located in an urban area and one
health center shall be located in or adjacent to a hospital
located in a rural area. If the Department establishes the pilot
program, not later than one year after the health centers become
operational, the hospital and the health centers shall prepare and
submit a report to the Governor and the General Assembly regarding
the number of patients that received care at the health centers
for nonemergency conditions rather than receiving care at the
emergency department.
If the Department does not establish the pilot program not
later than one year after the effective date of this section, the
Department shall submit a report to the Governor and the General
Assembly explaining why it did not do so.
Section 293.30. ABSTINENCE AND ADOPTION EDUCATION
The foregoing appropriation item 440-425, Abstinence and
Adoption
Education, shall be used for abstinence and adoption
education.
The Director of Health shall develop guidelines for
the
establishment of abstinence and adoption education programs
for
teenagers with the purpose of decreasing unplanned
pregnancies and
abortion. The guidelines shall be developed
pursuant to Title V of
the "Social Security Act," 42 U.S.C. 510,
and shall include, but
are not limited to, advertising campaigns
and direct training in
schools and other locations.
The Department of Health shall distribute $902,618 in fiscal
year 2008
and $2,055,553 in fiscal year 2009 in appropriation
item 440-437,
Healthy Ohio, in accordance with the section of
this act entitled "HEALTHY OHIO ASSESSMENT."
Of the foregoing appropriation item 440-437, Healthy Ohio,
$100,000 in each fiscal year shall be allocated to the Center for
Closing Health Gaps to help with disparities in minority health.
Of the foregoing appropriation item 440-437, Healthy Ohio,
$500,000 in each fiscal year shall be used to support
evidence-based programs for diabetes management and prevention,
utilizing proven behavior change strategies leading to improved
levels of routine physical activity and healthy eating habits. The
program shall provide screening for diabetes, and for those
determined to be at highest risk for diabetes, education on
diabetes, diabetes management, physical activity and eating
habits, and opportunities for monitored physical activity for
adults and families. Grants shall be provided to, but not limited
to, the Ohio YMCA State Alliance in collaboration with other
community organizations. Each program shall include post program
measurements, including, but not limited to, blood sugar testing,
participant satisfaction surveys, and participant retention.
Of the foregoing appropriation item 440-437, Healthy Ohio,
$200,000 in fiscal year 2009 shall be used for the purchase of
pneumococcal vaccinations for children.
BREAST AND CERVICAL CANCER SCREENING
The foregoing appropriation item 440-438, Breast and Cervical
Cancer Screening, may be used for breast and cervical cancer
screenings and services as permitted under the National Breast and
Cervical Cancer Early Detection Project.
HIV/AIDS PREVENTION/TREATMENT
Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, not more than $6.7 million
in each
fiscal year
shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications.
INFECTIOUS DISEASE PREVENTION
The foregoing appropriation item 440-446, Infectious
Disease
Prevention, shall be
used
for
the purchase of drugs for sexually
transmitted diseases.
Of the foregoing appropriation item 440-459, Help Me Grow,
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year
2009
shall
be used by the Department of Health to distribute
subsidies
to
counties to implement
the Help
Me Grow Program.
Appropriation
item 440-459, Help Me Grow, may be
used in
conjunction with
Temporary Assistance
for Needy Families
from the
Department of Job
and Family Services,
Early Intervention funding
from the Department of Mental Retardation and Developmental
Disabilities,
and in conjunction
with other early
childhood funds
and services
to promote the
optimal development of
young children.
Local
contracts shall be
developed between local
departments of
job and
family services and
family and children
first councils for
the
administration of TANF
funding for the Help
Me Grow Program.
The
Department of Health
shall enter into an
interagency agreement
with the Department of
Education, Department of Mental Retardation
and Developmental Disabilities, Department of Job and Family
Services, and Department of Mental Health to ensure that all early
childhood programs and initiatives are coordinated
and school
linked.
Of the foregoing appropriation item 440-459, Help Me Grow,
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009
shall be used for the establishment of the Autism Diagnosis
Education Pilot Program. Not later than December 31, 2008, the
Director of Health shall compile and submit to the Governor and
the General Assembly a written report describing the action taken
under the Autism Diagnosis Education Pilot Program since the
effective date of this section.
Not later than December 31, 2009,
the Director shall compile and submit to the Governor and the
General Assembly a written report describing the action taken
under the Pilot Program since December 31, 2008.
TARGETED HEALTH CARE SERVICES OVER 21
In each fiscal year, of the foregoing appropriation item
440-507, Targeted Health Care Services Over 21, $731,023 shall be
used to administer the cystic fibrosis program and implement the
Hemophilia Insurance Premium Payment Program. These funds also may
be used, to the extent that funding is available, to provide up to
18 in-patient hospital days for participants in the cystic
fibrosis program. The Department shall expend all of these
earmarked funds.
Of the foregoing appropriation item 440-507, Targeted Health
Care Services Over 21, $900,000 in each fiscal year shall be used
to provide essential medications and to pay the copayments for
drugs approved by the Department of Health and covered by Medicare
Part D that are dispensed to Bureau for Children with Medical
Handicaps (BCMH) participants for the cystic fibrosis program.
These funds also may be used, to the extent that funding is
available, to provide up to 18 in-patient hospital days for
participants in the cystic fibrosis program. The Department shall
expend all of these earmarked funds.
UNCOMPENSATED CARE AND EMERGENCY MEDICAL
The foregoing appropriation item 440-511, Uncompensated Care
and Emergency Medical Assistance, shall be used to fund programs
that provide health care without ability to pay. This is not an
entitlement program and services are offered only to the extent
that funding is available.
MATERNAL CHILD HEALTH BLOCK GRANT
Of the foregoing appropriation item 440-601, Maternal Child
Health Block Grant (Fund 320), $2,091,299 shall be used in each
fiscal year for the purposes of abstinence and adoption education.
The Director of Health shall develop guidelines for the
establishment of abstinence and adoption education programs for
teenagers with the purpose of decreasing unplanned pregnancies and
abortion. The guidelines shall be developed under Title V of the
"Social Security Act," 42 U.S.C. 510, and shall include, but are
not limited to, advertising campaigns and direct training in
schools and other locations.
The foregoing appropriation item 440-608, Genetics Services
(Fund
4D6), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency.
Of the foregoing appropriation item 440-647, Fee Supported
Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by
the Department to enter into a contract to make hospital
performance information available on a web site as required in
section 3727.391 of the Revised Code.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 477)
shall receive revenue from audits of hospitals and recoveries
from
third-party payers. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payers and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis or hemophilia. Moneys may also
be expended
for administrative expenses incurred in operating the
Medically
Handicapped Children's Program.
TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH
Notwithstanding section 3737.71 of the Revised Code, on July
1, 2007, or as soon as possible thereafter, the Director of Budget
and Management shall transfer $150,000 cash from the State Fire
Marshal's Fund (Fund 546) in the Department of Commerce to the
Poison Control Fund (Fund 5CB) in the Department of Health.
Notwithstanding section 3737.71 of the Revised Code, on July 1,
2008, or as soon as possible thereafter, the Director of Budget
and Management shall transfer $150,000 cash from the State Fire
Marshal's Fund (Fund 546) in the Department of Commerce to the
Poison Control Fund (Fund 5CB) in the Department of Health.
Of the foregoing appropriation item 440-640, Poison Control
Centers, in each fiscal year, the poison control centers in the
municipal corporations of Cleveland, Cincinnati, and Columbus
shall each receive an allocation of $50,000.
SEWAGE TREATMENT SYSTEM INNOVATION
Any revenues deposited to the credit of the Sewage Treatment
System Innovation Fund (Fund 5CJ) in accordance with Section
120.02 of this act are hereby appropriated to appropriation item
440-654, Sewage Treatment System Innovation, in the fiscal year in
which the revenues are received. On July 1, 2008, or as soon as
possible thereafter, the Department of Health shall certify to the
Director of Budget and Management the total fiscal year 2008
unencumbered appropriations in appropriation item 440-654, Sewage
Treatment System Innovation. The Department of Health may direct
the Director of Budget and Management to transfer an amount not to
exceed the total fiscal year 2008 unencumbered appropriations to
fiscal year 2009 for use in appropriation item 440-654, Sewage
Treatment System Innovation. Additional appropriation authority
equal to the amount certified by the Department of Health is
hereby appropriated to appropriation item 440-654, Sewage
Treatment System Innovation, in fiscal year 2009.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 043) to the
Alcohol Testing and
Permit Fund (Fund 5C0) to meet the operating
needs of the Alcohol
Testing and Permit program.
The Director of Budget and Management shall transfer to the
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control
Fund (Fund 043) created in section 4301.12 of the Revised Code
such amounts at such times as determined by the transfer schedule.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440-607, Medically
Handicapped Children - County Assessments (Fund 666), shall be
used to make
payments under division (E) of section 3701.023
of
the
Revised Code.
Section 293.35. HEALTHY OHIO ASSESSMENT
(A)(1) The Department of Health, through the Healthy Ohio
program, shall develop an assessment template for use by the
Department and
the Departments of Job and Family Services, Aging,
Alcohol and
Drug Addiction Services, Mental Retardation and
Developmental
Disabilities, and Mental Health. The assessment
template shall assist the agencies to
assess current practices
and offer
recommendations for improvements in the following
areas:
(a) Specific interventions provided to improve outcomes
measured on an individual basis, including measures taken to
identify those in need of care, coordinate their care, and provide
direct service interventions.
(b) Cost of the care provided per individual served each
fiscal year, including administrative and infrastructure costs;
(c) How money is tied to specific work completion with a
basis for positive impact and positive outcomes and steps each
department is making to ensure the people most at-risk receive the
interventions;
(d) Strategies used in each department to eliminate service
duplication, especially in the area of care coordination.
(2) Each department listed in division (A)(1) of this section
shall conduct an assessment of itself using the assessment
template. Not later than January 1, 2008, each department shall
submit the results of its assessment to the Healthy Ohio program
in the Department of Health.
(B) When developing the assessment template, the Department
of Health shall
consult with associations representing health
care providers,
business interests, consumer advocates, insurance
companies, and
other interested parties affected by improved
outcomes funding
models.
(C) The Department of Health shall organize and produce a
summary report of the assessments conducted under division (A)(2)
of this section. The report shall be submitted to the Governor,
the Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate.
The Department shall submit its summary report of the
assessments not later than February 1, 2008.
(D) The Department, through the Healthy Ohio program, shall
initiate pilot programs throughout the state. The pilot programs
shall provide financial support to entities that provide care
coordination services to individuals who are at risk for
catastrophic and expensive health conditions, as determined by the
Department.
In providing the financial support, the Department shall
select entities committed to demonstrating the following
achievements:
(1) Eliminating service duplication among entities;
(2) Ensuring positive outcomes for individuals by confirming
an individual's connection to evidence-based interventions;
(3) Improving focus on at-risk individuals.
Entities participating in the Healthy Ohio pilot programs
shall submit written progress reports to the Department in
intervals determined by the Department. Financial support shall be
provided to participating entities only on a showing of improved
outcomes and decreased duplication of services, as determined by
the Department.
Care coordination service providers who participate in
federal or state programs are eligible to participate in the pilot
programs, to the extent permitted by state and federal law.
Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM
The Director of Budget and Management shall transfer, on July
1, 2007, or as soon as possible thereafter, cash from Fund 4E3,
Resident Protection Fund, in the Ohio Department of Job and Family
Services, to Fund 5L1, Nursing Facility Technical Assistance
Program Fund, in the Ohio Department of Health, to be used under
section 3721.026 of the Revised Code. The transfers shall equal
$410,111 in fiscal year 2008 and $698,595 in fiscal year 2009.
CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO
AGENCY HEALTH SERVICES FUND
As soon as possible on or after July 1, 2007, the Director of
Health shall certify to the Director of Budget and Management the
amount of cash to be transferred from the Federal Public Health
Programs Fund (Fund 392) to the Agency Health Services Fund (Fund
142) to meet the operating needs of the Vital Statistics Program.
The Director of Budget and Management shall transfer the amount
certified.
Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
461 |
372-601 |
|
Operating Expenses |
|
$ |
16,819 |
|
$ |
16,819 |
TOTAL AGY Agency Fund Group |
|
$ |
16,819 |
|
$ |
16,819 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,819 |
|
$ |
16,819 |
Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148-100 |
|
Personal Services |
|
$ |
160,121 |
|
$ |
167,156 |
GRF |
148-200 |
|
Maintenance |
|
$ |
40,000 |
|
$ |
40,000 |
GRF |
148-402 |
|
Community Projects |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
700,121 |
|
$ |
707,156 |
General Services Fund Group
601 |
148-602 |
|
Gifts and Miscellaneous |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
720,121 |
|
$ |
727,156 |
Section 299.10. OHS OHIO HISTORICAL SOCIETY
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,649,244 |
|
$ |
3,649,252 |
GRF |
360-502 |
|
Site and Museum Operations |
|
$ |
8,501,781 |
|
$ |
8,501,788 |
GRF |
360-504 |
|
Ohio Preservation Office |
|
$ |
417,516 |
|
$ |
415,381 |
GRF |
360-505 |
|
National Afro-American Museum |
|
$ |
754,884 |
|
$ |
754,884 |
GRF |
360-506 |
|
Hayes Presidential Center |
|
$ |
514,323 |
|
$ |
514,323 |
GRF |
360-508 |
|
State Historical Grants |
|
$ |
853,000 |
|
$ |
775,000 |
TOTAL GRF General Revenue Fund |
|
$ |
14,690,748 |
|
$ |
14,610,628 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,690,748 |
|
$ |
14,610,628 |
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records
of
the society for fiscal years 2008 and 2009 shall be examined
by
independent certified public accountants approved by the
Auditor
of State, and a copy of the audited financial statements
shall be
filed with the Office of Budget and Management. The
society shall
prepare and submit to the
Office of Budget and Management the
following:
(A) An estimated operating budget for each fiscal year of
the
biennium. The operating budget shall be submitted at or near
the
beginning of each calendar year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer
to contract with the Ohio Historical Society under
section 149.30 of
the Revised Code.
Of the foregoing appropriation item 360-501, Operating
Subsidy, $300,000 in each fiscal year shall be used for the State
Archives, Library, and Artifact Collections program.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the
National Park Service, chooses to take over the
operations or maintenance
of the Hayes Presidential Center, in
whole or in part, the Ohio Historical
Society shall
make
arrangements with the National Park Service or other United States
government agency for the
efficient transfer of operations or
maintenance.
Of the foregoing appropriation item 360-508, State Historical
Grants, $60,000 in fiscal year 2008 shall be distributed to the
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be
distributed to the Center for Holocaust and Humanity Education
located at the Hebrew Union College-Jewish Institute of Religion
in Cincinnati, $350,000 in each fiscal year shall be distributed
to the Western Reserve Historical Society, $350,000 in each fiscal
year shall be distributed to the Cincinnati Museum Center, and up
to $18,000 in fiscal year 2008 shall be distributed to the
Muskingum River Underground Railroad Historic Marker Project.
The Ohio Historical Society shall not charge or retain an
administrative, service, or processing fee for distributing money
that the General Assembly appropriates to the Society for grants
or subsidies that the Society provides to other entities for their
site-related programs.
Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES
GRF |
025-321 |
|
Operating Expenses |
|
$ |
20,574,568 |
|
$ |
20,574,568 |
TOTAL GRF General Revenue Fund |
|
$ |
20,574,568 |
|
$ |
20,574,568 |
General Services Fund Group
103 |
025-601 |
|
House Reimbursement |
|
$ |
1,433,664 |
|
$ |
1,433,664 |
4A4 |
025-602 |
|
Miscellaneous Sales |
|
$ |
37,849 |
|
$ |
37,849 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,471,513 |
|
$ |
1,471,513 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,046,081 |
|
$ |
22,046,081 |
On July 1, 2007, or as soon as possible thereafter, the Chief
Administrative Officer of the House of Representatives shall
certify to the Director of Budget and Management the total fiscal
year 2007 unencumbered appropriations in appropriation item
025-321, Operating Expenses. The Chief Administrative Officer may
direct the Director of Budget and Management to transfer an amount
not to exceed the total fiscal year 2007 unencumbered
appropriations to fiscal year 2008 for use within appropriation
item 025-321, Operating Expenses. Additional appropriation
authority equal to the amount certified by the Chief
Administrative Officer is hereby appropriated to appropriation
item 025-321, Operating Expenses, in fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the Chief
Administrative Officer of the House of Representatives shall
certify to the Director of Budget and Management the total fiscal
year 2008 unencumbered appropriations in appropriation item
025-321, Operating Expenses. The Chief Administrative Officer may
direct the Director of Budget and Management to transfer an amount
not to exceed the total fiscal year 2008 unencumbered
appropriations to fiscal year 2009 for use within appropriation
item 025-321, Operating Expenses. Additional appropriation
authority equal to the amount certified by the Chief
Administrative Officer is hereby appropriated to appropriation
item 025-321, Operating Expenses, in fiscal year 2009.
Section 303.10. HFA OHIO HOUSING FINANCE AGENCY
5AZ |
997-601 |
|
Housing Finance Agency Personal Services |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
TOTAL AGY Agency Fund Group |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL
GRF |
965-321 |
|
Operating Expenses |
|
$ |
1,367,372 |
|
$ |
1,437,901 |
TOTAL GRF General Revenue Fund |
|
$ |
1,367,372 |
|
$ |
1,437,901 |
General Services Fund Group
4Z3 |
965-602 |
|
Special Investigations |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL GSF General Services Fund Group |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,792,372 |
|
$ |
1,862,901 |
Section 307.10. INS DEPARTMENT OF INSURANCE
Federal Special Revenue Fund Group
3U5 |
820-602 |
|
OSHIIP Operating Grant |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
TOTAL FED Federal Special
|
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
State Special Revenue Fund Group
554 |
820-601 |
|
Operating Expenses - OSHIIP |
|
$ |
553,750 |
|
$ |
569,269 |
554 |
820-606 |
|
Operating Expenses |
|
$ |
23,350,236 |
|
$ |
23,802,797 |
555 |
820-605 |
|
Examination |
|
$ |
7,639,581 |
|
$ |
7,868,768 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
31,543,567 |
|
$ |
32,240,834 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
32,643,567 |
|
$ |
33,340,834 |
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or rules administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 554).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Director of Budget and Management, at the request of the
Superintendent of Insurance, may transfer funds from the
Department of Insurance Operating Fund (Fund 554), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 555), established by section 3901.071 of
the
Revised Code, only for expenses incurred in
examining
domestic
fraternal benefit societies as required by
section
3921.28 of the
Revised Code.
TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND
Not later than the thirty-first day of July each fiscal year,
the Director of Budget and Management shall transfer $5,000,000
from the Department of Insurance Operating Fund to the General
Revenue Fund.
Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
50,785,978 |
|
$ |
52,571,413 |
|
|
|
Federal |
|
$ |
10,460,286 |
|
$ |
11,290,237 |
|
|
|
Support Services Total |
|
$ |
61,246,264 |
|
$ |
63,861,650 |
GRF |
600-410 |
|
TANF State |
|
$ |
267,619,061 |
|
$ |
267,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,596 |
|
$ |
84,120,596 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
115,383,181 |
|
$ |
116,419,033 |
|
|
|
Federal |
|
$ |
21,488,920 |
|
$ |
21,192,117 |
|
|
|
Computer Projects Total |
|
$ |
136,872,101 |
|
$ |
137,611,150 |
GRF |
600-417 |
|
Medicaid Provider Audits |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
GRF |
600-420 |
|
Child Support Administration |
|
$ |
8,541,446 |
|
$ |
10,641,446 |
GRF |
600-421 |
|
Office of Family Stability |
|
$ |
4,614,932 |
|
$ |
4,614,932 |
GRF |
600-423 |
|
Office of Children and Families |
|
$ |
5,650,000 |
|
$ |
5,900,000 |
GRF |
600-425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
22,500,000 |
|
$ |
22,500,000 |
|
|
|
Federal |
|
$ |
23,324,848 |
|
$ |
23,418,368 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
45,824,848 |
|
$ |
45,918,368 |
GRF |
600-502 |
|
Administration - Local |
|
$ |
34,014,103 |
|
$ |
34,014,103 |
GRF |
600-511 |
|
Disability Financial Assistance |
|
$ |
22,128,480 |
|
$ |
25,335,908 |
GRF |
600-512 |
|
Non-TANF Disaster Assistance |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
600-521 |
|
Entitlement Administration - Local |
|
$ |
130,000,000 |
|
$ |
130,000,000 |
GRF |
600-523 |
|
Children and Families Services |
|
$ |
78,115,135 |
|
$ |
78,115,135 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,371,917,993 |
|
$ |
3,603,598,928 |
|
|
|
Federal |
|
$ |
5,173,236,576 |
|
$ |
5,736,989,273 |
|
|
|
Health Care Total |
|
$ |
8,545,154,569 |
|
$ |
9,340,588,201 |
GRF |
600-526 |
|
Medicare Part D |
|
$ |
254,397,401 |
|
$ |
271,854,640 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
37,520,466 |
|
$ |
43,978,301 |
|
|
|
Federal |
|
$ |
41,304,043 |
|
$ |
49,196,065 |
|
|
|
Adoption Services Total |
|
$ |
78,824,509 |
|
$ |
93,174,366 |
GRF |
600-529 |
|
Capital Compensation Program |
|
$ |
7,000,000 |
|
$ |
0 |
GRF |
600-534 |
|
Adult Protective Services |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,497,808,772 |
|
$ |
4,754,783,496 |
|
|
|
Federal |
|
$ |
5,269,814,673 |
|
$ |
5,842,086,060 |
|
|
|
GRF Total |
|
$ |
9,767,623,445 |
|
$ |
10,596,869,556 |
General Services Fund Group
4A8 |
600-658 |
|
Child Support Collections |
|
$ |
26,680,794 |
|
$ |
26,680,794 |
4R4 |
600-665 |
|
BCII Services/Fees |
|
$ |
36,974 |
|
$ |
36,974 |
5BG |
600-653 |
|
Managed Care Assessment |
|
$ |
210,655,034 |
|
$ |
222,667,304 |
5C9 |
600-671 |
|
Medicaid Program Support |
|
$ |
80,120,048 |
|
$ |
80,120,048 |
5DL |
600-639 |
|
Medicaid Revenue and Collections |
|
$ |
51,966,785 |
|
$ |
56,296,844 |
5N1 |
600-677 |
|
County Technologies |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
5P5 |
600-692 |
|
Health Care Services |
|
$ |
93,000,000 |
|
$ |
62,000,000 |
613 |
600-645 |
|
Training Activities |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
463,594,635 |
|
$ |
448,936,964 |
Federal Special Revenue Fund Group
3AW |
600-675 |
|
Faith Based Initiatives |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3A2 |
600-641 |
|
Emergency Food Distribution |
|
$ |
2,900,000 |
|
$ |
3,500,000 |
3D3 |
600-648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
3F0 |
600-623 |
|
Health Care Federal |
|
$ |
1,209,188,383 |
|
$ |
1,211,196,561 |
3F0 |
600-650 |
|
Hospital Care Assurance Match |
|
$ |
343,239,047 |
|
$ |
343,239,047 |
3G5 |
600-655 |
|
Interagency Reimbursement |
|
$ |
1,469,763,073 |
|
$ |
1,513,855,965 |
3H7 |
600-617 |
|
Child Care Federal |
|
$ |
207,269,463 |
|
$ |
200,167,593 |
3N0 |
600-628 |
|
IV-E Foster Care Maintenance |
|
$ |
153,963,142 |
|
$ |
153,963,142 |
3S5 |
600-622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
3V0 |
600-688 |
|
Workforce Investment Act |
|
$ |
232,568,453 |
|
$ |
233,082,144 |
3V4 |
600-678 |
|
Federal Unemployment Programs |
|
$ |
147,411,858 |
|
$ |
152,843,414 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,092,890 |
|
$ |
3,191,862 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
1,037,739,200 |
|
$ |
1,085,861,099 |
3W3 |
600-659 |
|
TANF/Title XX Transfer |
|
$ |
10,081,377 |
|
$ |
6,672,366 |
327 |
600-606 |
|
Child Welfare |
|
$ |
48,514,502 |
|
$ |
47,947,309 |
331 |
600-686 |
|
Federal Operating |
|
$ |
53,963,318 |
|
$ |
56,263,225 |
384 |
600-610 |
|
Food Stamps and State Administration |
|
$ |
160,237,060 |
|
$ |
153,147,118 |
385 |
600-614 |
|
Refugee Services |
|
$ |
10,196,547 |
|
$ |
11,057,826 |
395 |
600-616 |
|
Special Activities/Child and Family Services |
|
$ |
5,723,131 |
|
$ |
5,717,151 |
396 |
600-620 |
|
Social Services Block Grant |
|
$ |
114,479,464 |
|
$ |
114,474,085 |
396 |
600-651 |
|
Second Harvest Food Banks |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
397 |
600-626 |
|
Child Support |
|
$ |
303,661,307 |
|
$ |
303,538,962 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
318,172,168 |
|
$ |
317,483,676 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,841,238,957 |
|
$ |
5,926,277,119 |
State Special Revenue Fund Group
198 |
600-647 |
|
Children's Trust Fund |
|
$ |
6,788,522 |
|
$ |
6,788,522 |
4A9 |
600-607 |
|
Unemployment Compensation Administration Fund |
|
$ |
12,273,062 |
|
$ |
12,188,996 |
4A9 |
600-694 |
|
Unemployment Compensation Review Commission |
|
$ |
1,726,938 |
|
$ |
1,811,004 |
4E3 |
600-605 |
|
Nursing Home Assessments |
|
$ |
4,759,914 |
|
$ |
4,759,914 |
4E7 |
600-604 |
|
Child and Family Services Collections |
|
$ |
300,000 |
|
$ |
300,000 |
4J5 |
600-613 |
|
Nursing Facility Bed Assessments |
|
$ |
34,613,984 |
|
$ |
34,613,984 |
4J5 |
600-618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
4K1 |
600-621 |
|
ICF/MR Bed Assessments |
|
$ |
19,332,437 |
|
$ |
19,332,437 |
4R3 |
600-687 |
|
Banking Fees |
|
$ |
800,000 |
|
$ |
800,000 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5DB |
600-637 |
|
Military Injury Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
5ES |
600-630 |
|
Food Assistance |
|
$ |
500,000 |
|
$ |
500,000 |
5F2 |
600-667 |
|
Building Consolidation |
|
$ |
250,000 |
|
$ |
250,000 |
5F3 |
600-668 |
|
Building Consolidation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
5Q9 |
600-619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
56,125,998 |
|
$ |
56,125,998 |
5R2 |
600-608 |
|
Medicaid-Nursing Facilities |
|
$ |
175,000,000 |
|
$ |
175,000,000 |
5S3 |
600-629 |
|
MR/DD Medicaid
Administration and Oversight |
|
$ |
1,620,960 |
|
$ |
1,620,960 |
5U3 |
600-654 |
|
Health Care Services Administration |
|
$ |
9,867,284 |
|
$ |
12,000,349 |
5U6 |
600-663 |
|
Children and Family Support |
|
$ |
4,928,718 |
|
$ |
4,928,718 |
5Z9 |
600-672 |
|
TANF Quality Control Reinvestments |
|
$ |
520,971 |
|
$ |
546,254 |
651 |
600-649 |
|
Hospital Care Assurance
Program Fund |
|
$ |
231,893,404 |
|
$ |
231,893,404 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
590,002,192 |
|
$ |
592,160,540 |
192 |
600-646 |
|
Support Intercept - Federal |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
5B6 |
600-601 |
|
Food Stamp Intercept |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
583 |
600-642 |
|
Support Intercept - State |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
128,000,000 |
|
$ |
128,000,000 |
Holding Account Redistribution Fund Group
R12 |
600-643 |
|
Refunds and Audit Settlements |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
R13 |
600-644 |
|
Forgery Collections |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
3,610,000 |
|
$ |
3,610,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,794,069,229 |
|
$ |
17,695,854,179 |
Section 309.20. SUPPORT SERVICES
Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND
COMMUNITY INITIATIVES
Of the foregoing appropriation item 600-321, Support
Services, up to $312,500 per fiscal year may be used to support
the activities of the Governor's Office of Faith-Based and
Community Initiatives.
Section 309.20.15. OPERATIONS INDUSTRIALIZATION CENTERS
Of the foregoing appropriation item 600-321, Support
Services, $75,000 in each fiscal year shall be provided to the
Operations Industrialization Centers of Clark County.
Section 309.20.30. AGENCY FUND GROUP
The Agency Fund
Group and Holding Account Redistribution Fund
Group shall be used to hold revenues until
the
appropriate fund is
determined or until the revenues are directed to
the appropriate
governmental agency other than the Department of
Job and Family
Services. If
it is determined that
additional
appropriation
authority is necessary, such amounts are
hereby
appropriated.
Section 309.30.03. EXECUTIVE MEDICAID ADMINISTRATION
(A) The Governor shall create an administration to manage all
Medicaid policies and functions and promote the efficient and
effective delivery of health care. The responsibilities of this
body shall include implementation of recommendations of the Ohio
Medicaid Administrative Study Council, except its recommendation
for the creation of a separate Medicaid department. In addition,
the administration created by this section shall do the following:
(1) Set up a governance structure that includes information
technology, strategy and planning, program integrity, resource
organization, local government relations, and unified budgeting;
(2) Hire an executive director who shall report directly to
the Governor.
(B) Division (A) of this section does not authorize the
Governor to replace the Department of Job and Family Services as
the single state agency to supervise the administration of the
Medicaid program.
Section 309.30.05. ELECTRONIC MEDICAID APPLICATIONS
The Department of Job and Family Services shall assist county
departments of job and family services to develop and obtain
electronic databases and other necessary systems through a
competitive process to comply with section 5111.017 of the Revised
Code.
Section 309.30.10. HEALTH CARE/MEDICAID
The foregoing appropriation item 600-525, Health
Care/Medicaid, shall not be limited by section 131.33 of the
Revised Code.
Section 309.30.13. CHILDREN'S HOSPITALS
(A) As used in this section:
"Children's hospital" means a hospital that primarily serves
patients eighteen years of age and younger and is excluded from
Medicare prospective payment in accordance with 42 C.F.R.
412.23(d).
"Medicaid inpatient cost-to-charge ratio" means the historic
Medicaid inpatient cost-to-charge ratio applicable to a hospital
as described in rules adopted by the Director of Job and Family
Services in paragraph (B)(2) of rule 5101:3-2-22 of the
Administrative Code.
(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of
the Administrative Code and except as provided in division (C) of
this section, the Director of Job and Family Services shall pay a
children's hospital that meets the criteria in paragraphs (E)(1)
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each
cost outlier claim made in fiscal years 2008 and 2009, an amount
that is the product of the hospital's allowable charges and the
hospital's Medicaid inpatient cost-to-charge ratio.
(C) The Director of Job and Family Services shall cease
paying a children's hospital for a cost outlier claim under the
methodology in division (B) of this section and revert to paying
the hospital for such a claim according to methodology in
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the
Administrative Code, as applicable, when the difference between
the total amount the Director has paid according to the
methodology in division (B) of this section for such claims and
the total amount the Director would have paid according to the
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of
the Administrative Code, as the applicable paragraph existed on
June 30, 2007, for such claims, exceeds the sum of the state funds
and corresponding federal match earmarked in division (F) of this
section for the applicable fiscal year.
(D) The Director of Job and Family Services shall make
supplemental Medicaid payments to hospitals for inpatient services
under a program modeled after the program the Department of Job
and Family Services was required to create for fiscal years 2006
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th
General Assembly if the difference between the total amount the
Director has paid according to the methodology in division (B) of
this section for cost outlier claims and the total amount the
Director would have paid according to the methodology in paragraph
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code
for such claims, as the applicable paragraph existed on June 30,
2007, does not require the expenditure of all state and federal
funds earmarked in division (F) of this section for the applicable
fiscal year.
(E) The Director of Job and Family Services shall not adopt,
amend, or rescind any rules that would result in decreasing the
amount paid to children's hospitals under division (B) of this
section for cost outlier claims.
(F)
Of the foregoing appropriation item, 600-525, Health
Care/Medicaid, up to $6 million (state share) in each fiscal year
plus the corresponding federal match, if available, shall be used
by the Department to pay the amounts described in division (B) of
this section.
Section 309.30.16. MEDICAID RESERVE FUND
The Medicaid Reserve Fund is hereby created in the state
treasury.
Not later than July 31, 2007, or as soon as possible
thereafter, the Director of Budget and Management shall transfer,
for fiscal year 2008, $120,000,000 in cash from the General
Revenue Fund to the Medicaid Reserve Fund.
If at any time during fiscal year 2008 the Director of Budget
and Management determines that additional appropriations are
needed in appropriation item 600-525, Health Care/Medicaid, to
fund the Medicaid Program, the Director of Budget and Management
may submit a request to the Controlling Board to transfer cash
from the Medicaid Reserve Fund. The request shall state the
reasons for the transfer and the additional amounts being
requested. The request shall be submitted at a regularly scheduled
meeting of the Controlling Board. If the Controlling Board
approves the transfer, the Director of Budget and Management shall
transfer the approved amount of cash from the Medicaid Reserve
Fund to the General Revenue Fund and increase the state share of
appropriations in appropriation item 600-525, Health
Care/Medicaid, and adjust the federal share accordingly. Any such
transfers and adjustments are hereby appropriated.
At the end of fiscal year 2008, the Director of Budget and
Management shall transfer from the Medicaid Reserve Fund all the
cash balance in excess of any
transfers approved by the
Controlling Board to the credit of the
General Revenue Fund. The
Director of Budget and Management shall
make transfers to the
Budget Stabilization Fund or the Income Tax
Reduction Fund in
accordance with section 131.44 of the Revised
Code.
Not later than July 31, 2008, or as soon as possible
thereafter, the Director of Budget and Management shall transfer,
for fiscal year 2009, $205,000,000 in cash from the General
Revenue Fund to the Medicaid Reserve Fund.
If at any time during fiscal year 2009 the Director of Budget
and Management determines that additional appropriations are
needed in appropriation item 600-525, Health Care/Medicaid, to
fund the Medicaid Program, the Director of Budget and Management
may submit a request to the Controlling Board to transfer cash
from the Medicaid Reserve Fund. The request shall state the
reasons for the transfer and the additional amounts being
requested. The request shall be submitted at a regularly scheduled
meeting of the Controlling Board. If the Controlling Board
approves the transfer, the Director of Budget and Management shall
transfer the approved amount of cash from the Medicaid Reserve
Fund to the General Revenue Fund and increase the state share of
appropriations in appropriation item 600-525, Health
Care/Medicaid, and adjust the federal share accordingly. Any such
transfers and adjustments are hereby appropriated.
At the end of fiscal year 2009, the Director of Budget and
Management shall transfer from the Medicaid Reserve Fund all the
cash balance in excess of any
transfers approved by the
Controlling Board to the credit of the
General Revenue Fund. The
Director of Budget and Management shall
make transfers to the
Budget Stabilization Fund and the Income Tax
Reduction Fund in
accordance with section 131.44 of the Revised
Code.
Section 309.30.18. MEDICAID PROVIDER AUDITS
Of the foregoing appropriation item 600-417, Medicaid
Provider Audits, $2,000,000 each fiscal year shall be used by the
Auditor of State, in consultation with the Department of Job and
Family Services, to perform audits of providers of Medicaid
services as defined in section 117.10 of the Revised Code.
Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2007, and a valid Medicaid provider
agreement during fiscal year 2008 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2008, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for capital costs calculated under section 5111.25 of the
Revised Code, and the rate for tax costs calculated under section
5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per
cent;
(b) Increase the cost and rates determined under division
(B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division
(B)(1)(b) of this section by one per cent.
(2) The mean payment used in the calculation of the quality
incentive payment made under section 5111.244 of the Revised Code
shall be, weighted by Medicaid days, three dollars and three cents
per Medicaid day.
(C) If the rate determined for a nursing facility under
division (B) of this section for nursing facility services
provided during fiscal year 2008 is more than one hundred two and
seventy-five hundredths per cent of the rate the provider is paid
for nursing facility services the nursing facility provides on
June 30, 2007, the Department of Job and Family Services shall
reduce the nursing facility's fiscal year 2008 rate so that the
rate is not more than one hundred two and seventy-five hundredths
per cent of the nursing facility's rate for June 30, 2007. If the
rate determined for a nursing facility under division (B) of this
section for nursing facility services provided during fiscal year
2008 is less than the rate the provider is paid for nursing
facility services the nursing facility provides on June 30, 2007,
the Department shall increase the nursing facility's fiscal year
2008 rate so that the rate is not less than the nursing facility's
rate for June 30, 2007.
(D) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of nursing facility services under
this section as necessary to reflect the loss to the state of the
revenue and federal financial participation generated from the
franchise permit fee.
(E) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2007, and a valid Medicaid provider agreement during
fiscal year 2008 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2008, and a valid Medicaid provider
agreement during fiscal year 2009 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2009, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for capital costs calculated under section 5111.25 of the
Revised Code, and the rate for tax costs calculated under section
5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per
cent;
(b) Increase the cost and rates determined under division
(B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division
(B)(1)(b) of this section by one per cent.
(2) The mean payment used in the calculation of the quality
incentive payment made under section 5111.244 of the Revised Code
shall be, weighted by Medicaid days, three dollars and three
cents
per Medicaid day.
(C) If the rate determined for a nursing facility under
division (B) of this section for nursing facility services
provided during fiscal year 2009 is more than one hundred two and
seventy-five hundredths per cent of the rate the
provider is paid
for nursing facility services the nursing
facility provides on
June 30, 2008, the Department of Job and
Family Services shall
reduce the nursing facility's fiscal year
2009 rate so that the
rate is not more than one hundred two and seventy-five hundredths
per cent of the nursing facility's
rate for June 30, 2008. If the
rate determined for a nursing
facility under division (B) of this
section for nursing facility
services provided during fiscal year
2009 is less than the rate
the provider is paid for nursing
facility services the nursing
facility provides on June 30, 2008,
the Department shall increase
the nursing facility's fiscal year
2009 rate so that the rate is
not less than the nursing
facility's rate for June 30, 2008.
(D) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of nursing facility services under
this section as necessary to reflect the loss to the state of the
revenue and federal financial participation generated from the
franchise permit fee.
(E) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2008, and a valid Medicaid provider agreement during
fiscal year 2009 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID
REIMBURSEMENT SYSTEM FOR ICFs/MR
(A) As used in this section:
"Intermediate care facility for the mentally retarded" has
the same meaning as in section 5111.20 of the Revised Code.
"Medicaid days" means all days during which a resident who is
a Medicaid recipient occupies a bed in an intermediate care
facility for the mentally retarded that is included in the
facility's Medicaid-certified capacity. Therapeutic or hospital
leave days for which payment is made under section 5111.33 of the
Revised Code are considered Medicaid days proportionate to the
percentage of the intermediate care facility for the mentally
retarded's per resident per day rate paid for those days.
"Per diem rate" means the per diem rate calculated pursuant
to sections 5111.20 to 5111.33 of the Revised Code.
(B) Notwithstanding sections 5111.20 to 5111.33 of the
Revised Code, rates paid to intermediate care facilities for the
mentally retarded under the Medicaid program shall be subject to
the following limitations:
(1) For fiscal year 2008, the mean total per diem rate for
all intermediate care facilities for the mentally retarded in the
state, weighted by May 2007 Medicaid days and calculated as of
July 1, 2007, shall not exceed $266.14.
(2) For fiscal year 2009, the mean total per diem rate for
all intermediate care facilities for the mentally retarded in the
state, weighted by May 2008 Medicaid days and calculated as of
July 1, 2008, shall not exceed $271.46.
(3) If the mean total per diem rate for all intermediate care
facilities for the mentally retarded in the state for fiscal year
2008 or 2009, weighted by Medicaid days as specified in division
(B)(1) or (2) of this section, as appropriate, and calculated as
of the first day of July of the calendar year in which the fiscal
year begins, exceeds the amount specified in division (B)(1) or
(2) of this section, as applicable, the Department of Job and
Family Services shall reduce the total per diem rate for each
intermediate care facility for the mentally retarded in the state
by a percentage that is equal to the percentage by which the mean
total per diem rate exceeds the amount specified in division
(B)(1) or (2) of this section for that fiscal year.
(4) Subsequent to any reduction required by division (B)(3)
of this section, the rate of an intermediate care facility for the
mentally retarded shall not be subject to any adjustments
authorized by sections 5111.20 to 5111.33 of the Revised Code
during the remainder of the year.
Section 309.30.41. ADDITIONAL COMPENSATION FOR NURSING
FACILITY
CAPITAL COSTS
The foregoing appropriation item 600-529, Capital
Compensation Program, shall be used to make payments to nursing
facilities under the section of this act entitled "FISCAL YEARS
2008
AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES."
The unencumbered balance of appropriation item 600-529,
Capital Compensation Program, at the end of fiscal year 2008 is
hereby appropriated to fiscal year 2009 for use under the same
appropriation item.
Section 309.30.42. FISCAL YEARS 2008 AND 2009 PAYMENTS TO
CERTAIN
NURSING FACILITIES
(A) As used in this section:
"Capital costs," "cost of ownership," and "renovation" have
the same meanings as in section 5111.20 of the Revised Code as
that section existed on June 30, 2005.
"Change of operator" has the same meaning as in section
5111.65 of the Revised Code.
"Inpatient days," "Medicaid days," and "nursing facility"
have
the same meanings as in section 5111.20 of the Revised Code.
"Reviewable activity" has the same meaning as in section
3702.51 of the Revised Code.
(B) The following qualify for per diem payments under this
section:
(1) A nursing facility to which both of the following apply:
(a) Both of the following occurred during fiscal year 2006,
2007, or 2008:
(i) The facility obtained certification as a nursing facility
from the Director of Health.
(ii) The facility began participating in the Medicaid
program.
(b) An application for a certificate of need for the nursing
facility was filed with the Director of Health before June 15,
2005.
(2) A nursing facility to which all of the following apply:
(a) The nursing facility does not qualify for a payment
pursuant to division (B)(1) of this section.
(b) The nursing facility, before June 30, 2008, completed a
capital project for which a certificate of need was filed with the
Director of Health before June 15, 2005, and for which at least
one of the following occurred before July 1, 2005, or, if the
capital project is undertaken to comply with rules adopted by the
Public Health Council regarding resident room size or occupancy,
before June 30, 2007:
(i) Any materials or equipment for the capital project were
delivered;
(ii) Preparations for the physical site of the capital
project, including, if applicable, excavation, began;
(iii) Actual work on the capital project began.
(c) The costs of the capital project are not fully reflected
in the capital costs portion of the nursing facility's Medicaid
reimbursement per diem rate on June 30, 2005.
(d) The nursing facility files a three-month projected
capital cost report with the Director of Job and Family Services
not later than ninety days after the later of March 30, 2006, or
the date the capital project is completed.
(3) A nursing facility that, before June 30, 2008, completed
an activity to which all of the following apply:
(a) A request was filed with the Director of Health before
July 1, 2005, for a determination of whether the activity is a
reviewable activity and the Director determined that the activity
is not a reviewable activity.
(b) At least one of the following occurred before July 1,
2005, or, if the nursing facility undertakes the activity to
comply with rules adopted by the Public Health Council regarding
resident room size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the activity were
delivered.
(ii) Preparations for the physical site of the activity,
including, if applicable, excavation, began.
(iii) Actual work on the activity began.
(c) The costs of the activity are not fully reflected in the
capital costs portion of the nursing facility's Medicaid
reimbursement per diem rate on June 30, 2005.
(d) The nursing facility files a three-month projected
capital cost report with the Director of Job and Family Services
not later than ninety days after the later of March 30, 2006, or
the date the activity is completed.
(4) A nursing facility that, before June 30, 2008,
completed
a renovation to which all of the following apply:
(a) The Director of Job and Family Services approved the
renovation before July 1, 2005.
(b) At least one of the following occurred before July 1,
2005, or, if the nursing facility undertakes the renovation to
comply with
rules adopted by the Public Health Council regarding
resident room
size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the renovation were
delivered.
(ii) Preparations for the physical site of the renovation,
including, if applicable, excavation, began.
(iii) Actual work on the renovation began.
(c) The costs of the renovation are not fully reflected in
the capital costs portion of the nursing facility's Medicaid
reimbursement
per diem rate on June 30, 2005.
(d) The nursing facility files a three-month projected
capital cost
report with the Director of Job and Family Services
not later than
ninety days after the later of March 30, 2006,
or
the date the
renovation is completed.
(C) If a nursing facility qualifies for per diem payments
pursuant to division (B)(1) of this section for fiscal year 2008,
the nursing facility's per diem payments under this section for
fiscal year 2008 shall equal the difference between the capital
costs portion of the nursing facility's Medicaid reimbursement per
diem rate determined under Section 309.30.20 of this act and the
lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was eighty
per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(D) If a nursing facility qualifies for per diem payments
pursuant to division (B)(1) of this section for fiscal year 2009,
the nursing facility's per diem payments under this section for
fiscal year 2009 shall equal the difference between the capital
costs portion of the nursing facility's Medicaid reimbursement per
diem rate determined under Section 309.30.30 of this act and the
lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was eighty
per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(E) The per diem payments paid for fiscal year 2008 to a
nursing facility that qualifies for the payments pursuant to
division (B)(2) or (3) of this section shall equal the difference
between the capital costs portion of the nursing facility's
Medicaid reimbursement per diem rate determined under Section
309.30.20 of this act and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was
ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(F) The per diem payments paid for fiscal year 2009 to a
nursing facility that qualifies for the payments pursuant to
division (B)(2) or (3) of this section shall equal the difference
between the capital costs portion of the nursing facility's
Medicaid reimbursement per diem rate determined under Section
309.30.30 of this act and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was
ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(G) The per diem payments paid to a nursing facility that
qualifies for the payments pursuant to division (B)(4) of this
section shall equal eighty-five per cent of the nursing facility's
capital costs for the renovation as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was
ninety-five per cent.
(H) All of the following apply to the per diem payments made
under this section:
(1) All nursing facilities' eligibility for the
payments
shall cease at the earlier of the following:
(b) The date that the total amount of the payments equals
seven
million dollars.
(2) The payments made for the last quarter that the payments
are made may be reduced proportionately as necessary to avoid
spending more than seven million dollars under this section.
(3) The per diem payments shall be made for quarterly periods
by multiplying the per diem determined for a nursing facility by
the number of Medicaid days the nursing facility has for the
quarter the payment is made.
(4) Any per diem payments to be made to a nursing facility
for a quarter ending before July 2008 shall be made not
later
than September 30, 2008.
(5) Any per diem payments to be made to a nursing facility
for a quarter beginning after June 2008 shall be made not
later
than three months after the last day of the quarter for
which the
payments are made.
(6) A change of operator shall not cause the payments to a
nursing facility to cease.
(7) The payments shall only be made to a nursing facility for
the quarters during fiscal years 2008 and 2009 for
which the
nursing facility has a valid Medicaid provider agreement.
(8) The payments shall be in addition to a nursing facility's
Medicaid reimbursement per diem rate calculated under
Section
309.30.20 or 309.30.30 of this act.
(I) The Director of Job and Family Services shall monitor, on
a quarterly basis, the per diem payments made to nursing
facilities under this section to ensure that not more
than a
total of seven million dollars is spent under this section.
(J) The determinations that the Director of Job and Family
Services makes under this section are not subject to appeal under
Chapter 119. of the Revised Code.
(K)
The Director of Job and Family Services may adopt rules
in accordance with Chapter 119. of the Revised Code as necessary
to implement this section. The Director's failure to adopt the
rules does not affect the requirement that the per diem payments
be made under this section.
Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT
AND CHOICES
SERVICES
(A)
As used in this section:
"Choices program" means the home and community-based services
Medicaid waiver component, as defined in section 5111.851 of the
Revised Code, that is known as the Choices program and
administered by the Department of Aging.
"PASSPORT program" means the program
created under section
173.40 of the Revised Code.
(B)
The Director of Job and Family Services shall amend the
rules
adopted under section 5111.85 of the Revised Code as
necessary to
accomplish the following:
(1) Increase, for fiscal year 2008, the Medicaid
reimbursement rates for services provided under the PASSPORT
program and services provided under the choices program to rates
that result in an amount that is three per cent
higher than the
amount resulting from the rates in effect June 30,
2007.
(2) Increase, for fiscal year 2009, the Medicaid
reimbursement rates for services provided under the PASSPORT
program and services provided under the choices program to rates
that result in an amount that is three per cent
higher than the
amount resulting from the rates in effect June 30,
2008.
Section 309.30.50. HOME FIRST PROGRAM
(A) On a quarterly basis, on receipt of the certified
expenditures related to section 173.401 of the Revised Code, the
Director of Budget and Management shall do all of the following
for fiscal years 2008 and 2009:
(1) Transfer the state share of the amount of the actual
expenditures from GRF appropriation item 600-525, Health
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;
(2) Increase the appropriation in Ohio Department of Aging
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal
share of the amount of the actual expenditures;
(3) Increase the appropriation in JFS Fund 3G5, appropriation
item 600-655, Interagency Reimbursement, by the federal share of
the amount of the actual expenditures.
The funds that the Director of Budget and Management
transfers and increases under this division are hereby
appropriated.
(B) The individuals placed in the PASSPORT program pursuant
to this section shall be in addition to the individuals placed in
the PASSPORT program during fiscal years 2008 and 2009 based on
the amount of money that is in GRF appropriation item 490-403,
PASSPORT; Fund 4J4, appropriation item 490-610,
PASSPORT/Residential State Supplement; Fund 4U9, appropriation
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item
490-607, PASSPORT, before any transfers to GRF appropriation item
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,
PASSPORT, are made under this section.
Section 309.30.53. RESIDENTIAL STATE SUPPLEMENT TRANSFER
On a quarterly basis, on receipt of the certified residential
state supplement costs related to section 173.351 of the Revised
Code, the Director of Budget and Management shall do the
following:
(A) Transfer the state share of the amount of the estimated
costs from GRF appropriation item 600-525, Health Care/Medicaid,
to GRF appropriation item 490-412, Residential State Supplement;
(B) The Department of Aging may transfer cash by intrastate
transfer vouchers from the foregoing appropriation item 490-412,
Residential State Supplement, and 490-610, PASSPORT/Residential
State Supplement, to the Department of Job and Family Services
Fund 4J5, Home and Community-Based Services for the Aged Fund. The
funds shall be used to make benefit payments to Residential State
Supplement recipients.
The funds that the Director of Budget and Management
transfers and increases under this division are hereby
appropriated.
Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES
(A) As used in this section, "adult Medicaid recipient" means
a Medicaid recipient twenty-two years of age or older.
(B) For the period beginning January 1, 2008, and ending June
30, 2009, and subject to division (C) of this section, the
Medicaid Program shall cover chiropractic services for adult
Medicaid recipients in an amount, duration, and scope specified in
rules that the Director of Job and Family Services shall adopt
under section 5111.02 of the Revised Code.
(C) The Medicaid Program's coverage of chiropractic services
under this section shall be limited to fifteen visits per adult
Medicaid recipient per fiscal year.
Section 309.30.70. MONEY FOLLOWS THE PERSON
(A) Subject to division (B) of this section, the Director of
Budget and Management may do any of the following in support of
any home and community-based services waiver program:
(1) Create new funds and account appropriation items to
support and track funds associated with a unified long-term care
budget;
(2) Transfer funds among affected agencies and adjust
corresponding appropriation levels;
(3) Develop a reporting mechanism to show clearly how the
funds are being transferred and expended.
(B) Before an action may be taken under division (A) of this
section, the Director shall present the proposed action to the
Controlling Board. The Controlling Board shall review the proposed
action and either approve or disapprove the action. The Director
shall not implement the proposed action unless the action is
approved by the Controlling Board.
Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN
The Director of Job and Family Services shall, not later than
ninety days after the effective date of this section, submit to
the United States Secretary of Health and Human Services an
amendment to the state Medicaid plan to increase to two hundred
per cent of the federal poverty guidelines the income limit
specified in division (A)(2) of section 5111.014 of the Revised
Code. The increase shall be implemented not earlier than January
1, 2008.
*Section 309.30.95. MEDICAID BUY-IN ADVISORY COUNCIL
The Director of Job and Family Services shall call the
Medicaid Buy-In Advisory Council established under section
5111.708 of the Revised Code to meet for the first time not later
than sixty days after the effective date of this section.
Section 309.31.10. MEDICARE PART D
The foregoing appropriation item 600-526, Medicare Part D,
may be used by the Department of Job and Family Services for the
implementation and operation of the Medicare Part D requirements
contained in the "Medicare Prescription Drug, Improvement, and
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon
the request of the Department of Job and Family Services, the
Director of Budget and Management may increase the state share of
appropriations in either appropriation item 600-525, Health
Care/Medicaid, or appropriation item 600-526, Medicare Part D,
with a corresponding decrease in the state share of the other
appropriation item to allow the Department of Job and Family
Services to implement and operate the new Medicare Part D
requirements. If the state share of appropriation item 600-525,
Health Care/Medicaid, is adjusted, the Director of Budget and
Management shall adjust the federal share accordingly.
Section 309.31.13. INCREASE IN FISCAL YEAR 2008 DISPENSING
FEE FOR MULTIPLE SOURCE DRUGS
(A) As used in this section, "multiple source drug" has the
same meaning as in 42 U.S.C. 1396r-8(k)(7).
(B) Not later than thirty days after the effective date of
the regulation that the United States Secretary of Health and
Human Services must promulgate under Section 6001(c)(3) of the
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, the Director
of Job and Family Services shall analyze the fiscal impact that
the federal upper reimbursement limits established under 42 U.S.C.
1396r-8(e)(4), as amended by section 6001 of the "Deficit
Reduction Act of 2005," will have on pharmacists in fiscal year
2008. The fiscal impact analysis shall include a projection of the
revenue a pharmacist is expected to lose during fiscal year 2008
from each unit of multiple source drug dispensed to a Medicaid
recipient.
(C) Notwithstanding section 5111.071 of the Revised Code, and
subject to division (D) of this section, the Director shall, not
later than ten days after completing the analysis required by
division (B) of this section, increase the dispensing fee to be
paid to pharmacists with a valid Medicaid provider agreement for
dispensing a multiple source drug to a Medicaid recipient in
fiscal year 2008. The amount of the increase shall be determined
in a manner that compensates pharmacists for the loss of revenue
the Director projects, under division (B) of this section, that
pharmacists, on average, will incur during fiscal year 2008.
(D) The total amount the Director expends under division (C)
of this section to pay the increase in the dispensing fee in
fiscal year 2008 shall not exceed the total savings that the
Medicaid program is projected to save in that year as a result of
the changes to the federal upper reimbursement limits established
in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of
the "Deficit Reduction Act of 2005."
Section 309.31.16. INCREASE IN FISCAL YEAR 2009 DISPENSING
FEE FOR MULTIPLE SOURCE DRUGS
(A) As used in this section, "multiple source drug" has the
same meaning as in 42 U.S.C. 1396r-8(k)(7).
(B) Not later than March 15, 2008, the Director of Job and
Family Services shall analyze the fiscal impact that the federal
upper reimbursement limits established under 42 U.S.C.
1396r-8(e)(4), as amended by section 6001 of the "Deficit
Reduction Act of 2005," Pub. L. No. 109-171, will have on
pharmacists in fiscal year 2009. The fiscal impact analysis shall
include a projection of the revenue a pharmacist is expected to
lose during fiscal year 2009 from each unit of multiple source
drug dispensed to a Medicaid recipient.
(C) Notwithstanding section 5111.071 of the Revised Code and
subject to division (D) of this section, the Director shall, not
later than ten days after completing the analysis required under
division (B) of this section, increase the dispensing fee to be
paid to pharmacists with a valid Medicaid provider agreement for
dispensing a multiple source drug to a Medicaid recipient in
fiscal year 2009. The amount of the increase shall be determined
in a manner that compensates pharmacists for the loss of revenue
the Director projects, under division (B) of this section, that
pharmacists, on average, will incur during fiscal year 2009.
(D) The total amount the Director expends under division (C)
of this section to pay the increase in the dispensing fee in
fiscal year 2009 shall not exceed the total savings that the
Medicaid program is projected to save in that fiscal year as a
result of the changes to the federal upper reimbursement limits
established in 42 U.S.C. 1396r-8(e)(4) that were enacted by
section 6001 of the "Deficit Reduction Act of 2005."
Section 309.31.20. RESIDENT PROTECTION FUND
If the Director of Budget and Management determines that the
Resident Protection Fund created in section 5111.62 of the Revised
Code has a cash balance, less encumbrances and appropriations, of
more than $2,000,000, the Department of Job and Family Services or
its designee may issue a competitive request for grant proposals
to support projects that will benefit the residents of nursing
facilities that have been found to have deficiencies. The
directors of Job and Family Services, Health, and Aging or their
designees shall determine priority categories for funding, make
awards, and determine which of the three agencies should
administer each grant. Based on these determinations, the Director
of Budget and Management may transfer cash and appropriations
matching the amount of each award to the appropriate agency. Any
such transfers are hereby appropriated.
Section 309.31.30. OHIO ACCESS SUCCESS PROJECT
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from Fund
4J5, Home and Community-Based
Services
for the Aged, in excess of
the amounts needed for the
transfers
may be used by the Department
of Job and Family
Services
for the following purposes: (A) up to
$1.0 million in each fiscal year to fund the state share of audits
of nursing facilities and intermediate care facilities for the
mentally retarded; and (B) up to $350,000 in each fiscal year to
provide one-time transitional benefits under the Ohio Access
Success Project that the Director of Job and Family Services may
establish under section 5111.97 of the Revised Code.
Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF
AGING
The Department of Job and Family Services shall
transfer,
through
intrastate transfer vouchers, cash from
Fund 4J5, Home and
Community-Based Services
for the Aged,
to Fund 4J4,
PASSPORT, in
the Department of
Aging. The sum
of the
transfers
shall be
$33,263,984 in
each fiscal
year. The transfer may
occur on
a
quarterly basis or on a schedule developed and agreed
to by both
departments.
Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS
(A) At least quarterly, the Director of Job and Family
Services shall certify to the Director of Budget and Management
both of the following:
(1) The amount of offsets withheld under section 3721.541 of
the Revised Code from payments made from the General Revenue Fund.
(2) The amount of offsets withheld under section 5112.341 of
the Revised Code from payments made from the General Revenue Fund.
(B) The Director of Budget and Management may transfer cash
from the General Revenue Fund to all of the following:
(1) Fund 4J5, Home and Community Based Services/Aged Fund, or
Fund 5R2, Nursing Facility Stabilization Fund, in accordance with
sections 3721.56 and 3721.561 of the Revised Code;
(2) Fund 4K1, ICF/MR Bed Assessments.
(C) Amounts transferred pursuant to this section are hereby
appropriated.
Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
The Department of Job and Family Services shall transfer,
through
intrastate transfer vouchers, cash from Fund 4K1,
ICF/MR
Bed Assessments, to Fund 4K8, Home and
Community-Based Services,
in the Department of Mental
Retardation and Developmental
Disabilities. The amount transferred shall equal $12,000,000 in
each fiscal
year. The
transfer may occur on a
quarterly basis or
on a schedule developed
and agreed
to by both
departments.
Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES
Notwithstanding any limitations contained
in
sections 5112.31
and 5112.37 of the Revised Code, in each
fiscal
year, cash from
Fund 4K1, ICF/MR Bed
Assessments, in excess
of the amounts needed
for transfers to Fund
4K8, Home and Community-Based Services, in
the Department of Mental Retardation and Developmental
Disabilities, may be used by the
Department of Job and Family
Services to
cover costs of care
provided to participants in a
waiver with an ICF/MR level of care requirement administered by
the
Department of
Job and Family
Services.
Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION
FOR MEDICAID SERVICES
At the request of the Director of Job and Family Services,
the Director of Budget and Management may increase the
appropriation in appropriation item 600-639, Medicaid Revenue and
Collections, by the amounts paid to the department pursuant to
section 3317.023 of the Revised Code.
Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH
Appropriation item 600-650, Hospital Care Assurance Match,
shall be used by the Department of Job and
Family
Services solely
for distributing funds to hospitals under section
5112.08 of the
Revised
Code.
Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND
Of the amount received by the Department of Job and Family
Services during fiscal year 2008 and fiscal year 2009 from the
first installment of
assessments paid under section 5112.06 of the
Revised Code and
intergovernmental transfers made under section
5112.07 of the
Revised Code, the Director of Job and Family
Services shall
deposit $350,000 in each fiscal year into the state
treasury to the credit of the
Health Care Services Administration
Fund (Fund 5U3).
Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600-671, Medicaid Program
Support, shall be
used by the Department of Job and Family
Services to pay for Medicaid services
and contracts. The
Department may also deposit to Fund 5C9 revenues received from
other state agencies for Medicaid services under the terms of
interagency agreements between the Department and other state
agencies, and all funds the Department recovers because the
benefits a person received under the disability medical assistance
program established in section 5115.10 of the Revised Code were
determined to be covered by the Medicaid Program established under
Chapter 5111. of the Revised Code.
Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE
DEPARTMENT OF MENTAL HEALTH
The Department of Job and Family Services shall transfer,
through intrastate
transfer voucher, cash from Fund
5C9, Medicaid
Program Support, to the
Department of Mental Health's Fund 4X5,
OhioCare, in accordance with an
interagency agreement that
delegates authority from the Department of Job and
Family Services
to the Department of Mental Health to administer specified
Medicaid services.
Section 309.32.40. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600-692, Health Care
Services, shall be used by the Department of Job and Family
Services to pay for Medicaid services and contracts.
Section 309.32.50. DISABILITY DETERMINATION PROCESS
Based on the recommendations made by the Disability
Determination Consolidation Study Council, the Rehabilitation
Services Commission and the Department of Job and Family Services
shall work together to reduce the duplication of activities
performed by each agency and develop a systems interface so that
medical information for mutual clients may be transferred between
the agencies.
Section 309.32.60. PRIMARY CARE ALTERNATIVE TREATMENT PROGRAM
The Director of Job and Family Services, not later than
January 1, 2008, shall submit a report to the General Assembly on
the Primary Alternative Care Treatment Program. The report shall
compare the average monthly medical costs of current participants
in the program with the average monthly costs of those individuals
prior to participation in the program. Not later than January 1,
2009, the Director shall submit an additional report on the total
cost savings achieved through the program.
Section 309.32.70. PHARMACEUTICAL REPORT
The Director of Job and Family Services, not later than one
year after the effective date of this section, shall submit a
report to the General Assembly on the effect of Medicare Part D
and the care management system established under section 5111.16
of the Revised Code on the Supplemental Drug Rebate Program
established under section 5111.081 of the Revised Code. The report
shall evaluate the changing cost of pharmaceuticals for which
supplemental rebates are made under the Supplemental Drug Rebate
Program as a result of the high volume of drug purchases being
transferred to Medicare Part D. The report shall include a review
of the use of generic drugs by Medicaid recipients and cost
savings to be achieved by increasing the use of generic drugs.
Section 309.40. FAMILY STABILITY
Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS
Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job
and Family Services shall request that the United States Secretary
of Agriculture waive the applicability of the work requirement of
7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food
stamp benefit recipients who reside in a county of this state that
the Department determines has an unemployment rate of over 10 per
cent or does not have a sufficient number of jobs to provide
employment for the recipients.
Section 309.40.20. FOOD STAMPS TRANSFER
On July 1, 2007, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $1,000,000 in
cash from Fund 384, Food Stamp Program, to Fund 5ES, Food
Assistance.
Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD
BANKS
As used in this section, "federal poverty guidelines" has the
same meaning as in section 5101.46 of the Revised Code.
Notwithstanding section 5101.46 of the Revised Code, the
Department of Job and Family Services shall provide $5,500,000 in
each fiscal year from the foregoing appropriation item 600-651,
Second Harvest Food Banks, and $1,000,000 in each fiscal year from
the foregoing appropriation item 600-659, TANF/Title XX Transfer
(Fund 3W3), to the Ohio Association of Second Harvest Food Banks.
The Department shall enter into a grant agreement with the Ohio
Association of Second Harvest Food Banks to allow for the purchase
of food and personal care products and the distribution of those
products to agencies participating in the emergency food
distribution program. Notwithstanding section 5101.46 of the
Revised Code, the grant may permit the Ohio Association of Second
Harvest Food Banks to use up to 5 per cent of the annual funding
for administrative costs. As soon as possible after entering into
a grant agreement at the beginning of each fiscal year, the
Department may advance grant funds to the grantee under section
5101.10 of the Revised Code and in accordance with federal law.
Prior to entering into the grant agreement, the Ohio
Association of Second Harvest Food Banks shall submit to the
Department for approval a plan for the distribution of the food
and personal care products to local food distribution agencies. If
the plan meets the requirements and conditions established by the
Department, the plan shall be incorporated into the grant
agreement. The grant agreement shall also require the Ohio
Association of Second Harvest Food Banks to ensure that local
agencies will limit participation of individuals and families who
receive any of the food and personal care products purchased with
these funds to those who have an income at or below 200 per cent
of the federal poverty guidelines. The Department and the Ohio
Association of Second Harvest Food Banks shall agree on reporting
requirements to be incorporated into the grant agreement,
including a statement of expected performance outcomes from the
Ohio Association of Second Harvest Food Banks and a requirement
for their evaluation of their success in achieving those outcomes.
Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600-658, Child Support
Collections, shall be
used by the Department of Job and Family
Services to meet the TANF
maintenance of effort requirements of
42
U.S.C. 609(a)(7). When the state
is assured that it will meet the
maintenance of
effort requirement, the Department of Job and
Family Services
may
use funds from appropriation item 600-658,
Child Support Collections, to support child support
activities.
Section 309.40.40. TANF INITIATIVES
The Department of Job and Family Services, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, shall take the
steps necessary, through interagency agreement, adoption of rules,
or otherwise as determined by the Department, to implement and
administer the Title IV-A programs identified in this section.
KINSHIP PERMANENCY INCENTIVE PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $10 million per fiscal year shall be used to
support the activities of the Kinship Permanency Incentive Program
created under section 5101.802 of the Revised Code.
The Department of Job and Family Services shall prepare
reports concerning both of the following:
(A) Stability and permanency outcomes for children for whom
incentive payments are made under the Kinship Permanency Incentive
Program;
(B) The total amount of payments made under the Program,
patterns of expenditures made per child under the Program, and
cost savings realized through the Program from placement with
kinship caregivers rather than other out-of-home placements.
The Department shall submit a report to the Governor, the
Speaker and Minority Leader of the House of Representatives, and
the President and Minority Leader of the Senate not later than
December 31, 2008, and December 31, 2010.
OHIO ALLIANCE OF BOYS AND GIRLS CLUBS
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up
to $2,000,000 in each fiscal year shall be used to
reimburse the
Ohio Alliance of Boys and Girls Clubs pursuant to
section 5101.801
of the Revised Code to provide after-school
programs that protect
at-risk children and enable youth to become
responsible adults.
The Ohio Alliance of Boys and Girls Clubs
shall provide
nutritional meals, snacks, and educational, youth
development, and
career development services to TANF eligible
children
participating in programs and activities operated by
eligible Boys
and Girls Clubs.
The Department of Job and Family Services and the Ohio
Alliance of Boys and Girls Clubs shall agree on reporting
requirements to be incorporated into the grant agreement.
SUMMER AND AFTER-SCHOOL PROGRAMS
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up
to $10,000,000 in each fiscal year shall be used
for summer and
after-school programs and services for TANF
eligible youth served
through community-based organizations,
faith-based organizations,
and schools pursuant to section
5101.801 of the Revised Code to
provide academic support not
available during the regular school
day, nutrition,
transportation, youth development activities, drug
and violence
prevention programs, counseling programs, technology
education,
and character education programs. Any moneys from the federal TANF
Block Grant used for this purpose shall be provided on a
reimbursement basis.
CHILDREN'S HUNGER ALLIANCE
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $1,000,000 in each fiscal year shall be
reimbursed to the Children's Hunger Alliance pursuant to section
5101.801 of the Revised Code for Child Nutrition Program outreach
efforts.
SCHOOL READINESS ENRICHMENT
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $6,500,000 in each fiscal year shall be used for
TANF eligible activities pursuant to section 5101.801 of the
Revised Code to provide intervention services to prepare children
for kindergarten. Any moneys from the federal TANF Block Grant
used for this purpose shall be provided on a reimbursement basis.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $1,500,000 in each fiscal year shall be used to
reimburse the Ohio network of food banks pursuant to section
5101.801 of the Revised Code for purchases and distribution of
food products.
GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $13,000,000 in each fiscal year shall be used to
reimburse the Governor's Office for Faith-Based and Community
Initiatives pursuant to section 5101.801 of the Revised Code for
projects designed to serve the state's most vulnerable citizens.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $5,000,000 in each fiscal year shall be used for
TANF eligible activities pursuant to section 5101.801 of the
Revised Code to provide additional support for initiatives aimed
at increasing the number of adoptions including recruiting,
promoting, and supporting adoptive families.
INDEPENDENT LIVING INITIATIVES
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $2,500,000 in each fiscal year shall be used for
TANF eligible activities pursuant to section 5101.801 of the
Revised Code to support the independent living initiative,
including life skills training and work supports for older
children in foster care and those who have recently aged out of
foster care.
CLOSING THE ACHIEVEMENT GAP
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $10,000,000 in each fiscal year shall be used
for TANF eligible activities pursuant to section 5101.801 of the
Revised Code to provide intervention services aimed at improving
the African-American male graduation rate. Any moneys from the
federal TANF Block Grant used for this purpose shall be provided
on a reimbursement basis.
FREESTORE FOODBANK - BARIS PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $800,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Freestore Foodbank for continuation of the Benefits
Acquisition Results in Self Sufficiency (BARIS) project. Any
amount of this earmark that remains unspent at the end of fiscal
year 2008 may be transferred to fiscal year 2009. The opportunity
for reimbursement for the purposes for which this earmark is
intended shall expire June 30, 2009.
FAMILY SERVICE OF THE CINCINNATI AREA
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $50,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, Family Service of the Cincinnati Area for the International
Family Resource Center program. Any amount of this earmark that
remains unspent at the end of fiscal year 2008 may be transferred
to fiscal year 2009. The opportunity for reimbursement for the
purposes for which this earmark is intended shall expire June 30,
2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to
reimburse the Department of Education pursuant to section 5101.801
of the Revised Code for providing funding for an additional ten
parent mentors. This additional support for parent mentors shall
be aimed at increasing support for parents with children who have
special needs, thereby reducing stress on the family and
encouraging the maintenance of two parent families. Such funding
shall be in addition to that which is provided for parent
mentoring programs in GRF appropriation item 200-540, Special
Education Enhancements, in the Department of Education.
ACCOUNTABILITY AND CREDIBILITY TOGETHER
Of the foregoing appropriation item 600-689, TANF Block
Grant, up to $2,000,000 in fiscal year 2008 shall be reimbursed to
Accountability and Credibility Together (ACT) to continue its
welfare diversion program to TANF eligible individuals pursuant to
section 5101.801 of the Revised Code. Any amount of this earmark
that remains unspent at the end of fiscal year 2008 may be
transferred to fiscal year 2009. The opportunity for reimbursement
for the purposes for which this earmark is intended shall expire
June 30, 2009.
AMERICAN ACADEMY OF PEDIATRICS
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the American Academy of Pediatrics for the Reach Out and
Read program. Any amount of this earmark that remains unspent at
the end of fiscal year 2008 may be transferred to fiscal year
2009. The opportunity for reimbursement for the purposes for which
this earmark is intended shall expire June 30, 2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $500,000 in each fiscal year shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Corporation for Ohio Appalachian Development for home
weatherization.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Providence House for providing crisis intervention
services for children who are at risk of abuse and neglect.
BUTLER COUNTY SUCCESS PLAN
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to
provide reimbursement, in accordance with section 5101.801 of the
Revised Code, for the Butler County Success Plan.
AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA
CHILDREN'S HOME AND FAMILY SERVICES
Of the foregoing appropriation item 600-689, TANF Block
Grant, up to $2,063,000 in fiscal year 2008 shall be used to
reimburse the American Red Cross-Greater Cleveland Chapter and the
Berea Children's Home and Family Services in accordance with
section 5101.801 of the Revised Code, for enrolling TANF eligible
individuals in the Northeast Ohio Nurse Assistant Training
Program, which will lead to employment opportunities in the
healthcare field in a ten-county region. Any amount of this
earmark that remains unspent at the end of fiscal year 2008 may be
transferred to fiscal year 2009. The opportunity for reimbursement
for the purposes for which this earmark is intended shall expire
June 30, 2009.
CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP
PROGRAM
Of the foregoing appropriation item 600-689, TANF Block
Grant, up to $492,256 in fiscal year 2008 shall be used to
reimburse the Center for
Families and Children RapArt Youth
Fellowship Program in
accordance with section 5101.801 of the
Revised Code for providing
an after-school program that supports
at-risk young adults and
enables youth to become responsible
adults. Any amount of this earmark that remains unspent at the end
of fiscal year 2008 may be transferred to fiscal year 2009. The
opportunity for reimbursement for the purposes for which this
earmark is intended shall expire June 30, 2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Talbert House for providing TANF eligible non-medical
behavioral health services. Any amount of this earmark that
remains unspent at the end of fiscal year 2008 may be transferred
to fiscal year 2009. The opportunity for reimbursement for the
purposes for which this earmark is intended shall expire June 30,
2009.
TANF EDUCATIONAL AWARDS PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $2,000,000 in each fiscal year shall be used to
reimburse the Ohio Board of Regents pursuant to section 5101.801
of the Revised Code for initiatives addressing postsecondary
tuition and educational expenses not covered by other grant
programs that target low-income students.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Chabad House for the Friendship Circle program. Any
amount of this earmark that remains unspent at the end of fiscal
year 2008 may be transferred to fiscal year 2009. The opportunity
for reimbursement for the purposes for which this earmark is
intended shall expire June 30, 2009.
COURT CLINIC FORENSIC SERVICES
Of the foregoing appropriation 600-689, TANF Block Grant
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, Court Clinic Forensic Services for establishment of an
intense program of education, job training, and job placement to
divert women from local jails and state prisons and to reduce
recidivism. Any amount of this earmark that remains unspent at the
end of fiscal year 2008 may be transferred to fiscal year 2009.
The opportunity for reimbursement for the purposes for which this
earmark is intended shall expire June 30, 2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $1,000,000 in fiscal year 2008 shall be used to
reimburse Big Brothers Big
Sisters of Central Ohio, in accordance
with section 5101.801 of
the Revised Code, for child mentoring
services. Any amount of this earmark that remains unspent at the
end of fiscal year 2008 may be transferred to fiscal year 2009.
The opportunity for reimbursement for the purposes for which this
earmark is intended shall expire June 30, 2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $2,000,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, WECO Fund, Inc., for an individual development account
program that helps participants purchase homes. Any amount of this
earmark that remains unspent at the end of fiscal year 2008 may be
transferred to fiscal year 2009. The opportunity for reimbursement
for the purposes for which this earmark is intended shall expire
June 30, 2009.
ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $650,000 in each fiscal year shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Economic and Community Development Institute for
matching funds provided to TANF eligible individuals through an
individual development accounts program.
EARLY CHILDHOOD EDUCATION PILOT
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $50,000 in each fiscal year shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, the Alliance Early Childhood Education Pilot Project.
OHIO COUNCIL OF URBAN LEAGUES
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $1,000,000 in fiscal year 2008 shall be used to
reimburse the Ohio Council of Urban Leagues, in accordance with
section 5101.801 of the Revised Code, for career development
programs that provide opportunities for eligible individuals to
develop a career path in a desired employment area. Any amount of
this earmark that remains unspent at the end of fiscal year 2008
may be transferred to fiscal year 2009. The opportunity for
reimbursement for the purposes for which this earmark is intended
shall expire June 30, 2009.
Of the foregoing appropriation item 600-689, TANF Block Grant
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to
reimburse, in accordance with section 5101.801 of the Revised
Code, A Cultural Exchange for continuation of the TANF
demonstration project, Bank on Book: Investing in our Families.
HOME ENERGY ASSISTANCE PROGRAM
The Department of Job and Family Services shall transfer,
through intrastate transfer voucher, $45,000,000 in cash in fiscal
year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF
Block Grant, to Fund 3BJ, TANF Heating Assistance, in the
Department of Development, in accordance with an interagency
agreement. The Departments of Job and Family Services and
Development shall enter into an interagency agreement for
providing reimbursement to the Department of Development to
administer the Title IV-A funded Home Energy Assistance Program
(HEAP), which provides assistance with home energy fuel costs to
needy families with children.
If the Department of Development receives approval for a
federal waiver to increase the percentage of the Home Energy Block
Grant that may be used for weatherization to sixteen and one-half
per cent in fiscal year 2008 and seventeen and one-half per cent
in fiscal year 2009, the Department of Job and Family Services
shall increase the amount of reimbursement to the Department of
Development from Fund 3V6, TANF Block Grant, for the Title IV-A
funded Home Energy Assistance Program by an amount equal to the
additional amounts used for weatherization under the federal
waiver.
The directors of Job and Family Services and Development
shall seek Controlling Board approval to adjust the appropriations
for appropriation item 600-689, TANF Block Grant, in the
Department of Job and Family Services and appropriation item
195-685, TANF Heating Assistance, in the Department of
Development, as needed to carry out the purposes described in the
preceding paragraph.
Section 309.40.49. OHIO WORKS FIRST DOMESTIC VIOLENCE RULES
The Director of Job and Family Services shall adopt the
initial rules under divisions (A)(14), (15), and (16) of section
5107.05 of the Revised Code not later than January 1, 2008.
Section 309.40.60. EARLY LEARNING INITIATIVE
(A) As used in this section:
(1) "Title IV-A services" means benefits and services that
are allowable under Title IV-A of the "Social Security Act," as
specified in 42 U.S.C. 604(a), except that they shall not be
benefits and services included in the term "assistance" as defined
in 45 C.F.R. 260.31(a) and shall be benefits and services that are
excluded from the definition of the term "assistance" under 45
C.F.R. 260.31(b).
(2) "Title IV-A funds" means funds provided under the
temporary assistance for needy families block grant established by
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42
U.S.C. 601, as amended.
(3) "Eligible child" means a child who is at least three
years of age but not of compulsory school age or enrolled in
kindergarten, is eligible for Title IV-A services, and whose
family income at the time of application does not exceed one
hundred eighty-five per cent of the federal poverty line in fiscal
year 2008 or two hundred per cent of the federal poverty line in
fiscal year 2009.
(4) "Early learning program" means a program for eligible
children that is funded with Title IV-A funds and provides Title
IV-A services, according to the purposes listed in 45 C.F.R.
260.20(c), that are early learning services, as defined by
pursuant to division (D)(1) of this section.
(5) "Early learning provider" means an entity that is
receiving Title IV-A funds to operate an early learning program.
(6) "Early learning agency" means an early learning provider
or an entity that has entered into an agreement with an early
learning provider requiring the early learning provider to operate
an early learning program on behalf of the entity.
(7) "Federal poverty line" has the same meaning as in section
5104.01 of the Revised Code.
(8) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(B) The Early Learning Initiative is hereby established. The
Department of Education and the Department of Job and Family
Services shall administer the Initiative in accordance with
sections 5101.80 and 5101.801 of the Revised Code. The Initiative
shall provide early learning services to eligible children. Early
learning programs may provide early learning services on a
full-day basis, a part-day basis, or both a full-day and part-day
basis.
(C) The Department of Job and Family Services shall do both
of the following:
(1) Reimburse early learning agencies for Title IV-A services
provided to eligible children according to the terms of the
contract and the rules adopted under division (C)(2) of this
section;
(2) In consultation with the Department of Education, adopt
rules in accordance with Chapter 119. of the Revised Code to
implement the Early Learning Initiative. The rules shall include
all of the following:
(a) Provisions regarding the establishment of co-payments for
families of eligible children whose family income is more than one
hundred sixty-five per cent of the federal poverty line but equal
to or less than the maximum amount of family income authorized for
an eligible child as defined in division (A)(3) of this section;
(b) An exemption from co-payment requirements for families
whose family income is equal to or less than one hundred
sixty-five per cent of the federal poverty line;
(c) A definition of "enrollment" for the purpose of
compensating early learning agencies;
(d) Provisions that establish compensation rates for early
learning agencies based on the enrollment of eligible children.
(D) The Department of Education shall do all of the
following:
(1) Define the early learning services that will be provided
to eligible children through the Early Learning Initiative;
(2) In consultation with the Department of Job and Family
Services, develop an application form and criteria for the
selection of early learning agencies. The criteria shall require
an early learning agency, or each early learning provider with
which the agency has entered into an agreement for the operation
of an early learning program on the agency's behalf, to be
licensed or certified by the Department of Education under
sections 3301.52 to 3301.59 of the Revised Code or by the
Department of Job and Family Services under Chapter 5104. of the
Revised Code;
(3) Establish early learning program guidelines for school
readiness to assess the operation of early learning programs.
(E) Any entity that seeks to be an early learning agency
shall apply to the Department of Education by a deadline
established by the Department. The Department of Education shall
select entities that meet the criteria established under division
(D)(2) of this section to be early learning agencies. Upon
selection of an entity to be an early learning agency, the
Department of Education shall designate the number of eligible
children the agency may enroll. The Department of Education shall
notify the Department of Job and Family Services of the number so
designated.
(F) The Department of Education and the Department of Job and
Family Services shall enter into a contract with each early
learning agency selected under division (E) of this section. The
requirements of section 127.16 of the Revised Code do not apply to
contracts entered into under this section. The contract shall
outline the terms and conditions applicable to the provision of
Title IV-A services for eligible children and shall include at
least the following:
(1) The respective duties of the early learning agency, the
Department of Education, and the Department of Job and Family
Services;
(2) Requirements applicable to the allowable use of and
accountability for Title IV-A compensation paid under the
contract;
(3) Reporting requirements, including a requirement that the
early learning provider inform the Department of Education when
the provider learns that a kindergarten eligible child will not be
enrolled in kindergarten;
(4) The compensation schedule payable under the contract;
(6) Provisions for suspending, modifying, or terminating the
contract.
(G) If an early learning agency, or an early learning
provider operating an early learning program on the agency's
behalf, substantially fails to meet the early learning program
guidelines for school readiness or exhibits substandard
performance, as determined by the Department of Education, the
agency shall develop and implement a corrective action plan. The
Department of Education shall approve the corrective action plan
prior to implementation.
(H) If an early learning agency fails to implement a
corrective action plan under division (G) of this section, the
Department of Education may direct the Department of Job and
Family Services to either withhold funding or request that the
Department of Job and Family Services suspend or terminate the
contract with the agency.
(I) Each early learning program shall do all of the
following:
(1) Meet teacher qualification requirements prescribed by
section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards;
(3) Meet any assessment requirements prescribed by section
3301.0715 of the Revised Code that apply to the program;
(4) Require teachers, except teachers enrolled and working to
obtain a degree pursuant to section 3301.311 of the Revised Code,
to attend a minimum of twenty hours per biennium of professional
development as prescribed by the Department of Education regarding
the implementation of early learning program guidelines for school
readiness;
(5) Document and report child progress;
(6) Meet and report compliance with the early learning
program guidelines for school success;
(7) Participate in early language and literacy classroom
observation evaluation studies.
(J) Each county Department of Job and Family Services shall
determine eligibility for Title IV-A services for children seeking
to enroll in an early learning program within fifteen days after
receipt of a completed application in accordance with rules
adopted under this section.
(K) The provision of early learning services in an early
learning program shall not prohibit or otherwise prevent an
individual from obtaining certificates for payment under division
(C) of section 5104.32 of the Revised Code.
(L) Notwithstanding section 126.07 of the Revised Code:
(1) Any fiscal year 2008 contract executed prior to July 1,
2007, between the Departments of Job and Family Services and
Education and an early learning agency that was not an early
learning agency as of June 30, 2007, shall be deemed to be
effective as of July 1, 2007, upon issuance of a state purchase
order, even if the purchase order is approved at some later date.
(2) Any fiscal year 2008 contract executed between the
Departments of Job and Family Services and Education and an early
learning agency that had a valid contract for early learning
services on June 30, 2007, shall be deemed to be effective as of
July 1, 2007, upon the issuance of a state purchase order, even if
the purchase order is approved at some later date.
(3) Any fiscal year 2009 contract executed prior to July 1,
2008, between the Departments of Job and Family Services and
Education and an early learning agency that was not an early
learning agency as of June 30, 2008, shall be deemed to be
effective as of July 1, 2008, upon issuance of a state purchase
order, even if the purchase order is approved at some later date.
(4) Any fiscal year 2009 contract executed between the
Departments of Job and Family Services and Education and an early
learning agency that had a valid contract for early learning
services on June 30, 2008, shall be deemed to be effective as of
July 1, 2008, upon the issuance of a state purchase order, even if
the purchase order is approved at some later date.
(M) Of the foregoing appropriation item 600-689, TANF Block
Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal
year to compensate early learning agencies under this section. The
Departments of Job and Family Services and Education shall
contract for up to 12,000 enrollment slots for eligible children
in each fiscal year through the Early Learning Initiative.
(N) Of the foregoing appropriation item 600-689, TANF Block
Grant (Fund 3V6), up to $800,000 in each fiscal year may be used
by the Department of Job and Family Services for administration of
the Early Learning Initiative.
(O) Up to $2,200,000 in each fiscal year may be used by the
Department of Education to perform administrative functions for
the Early Learning Initiative. The Department of Job and Family
Services shall transfer, through intrastate transfer vouchers,
cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning
Initiative, in the Department of Education. The amount transferred
shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in
fiscal year 2009. The transfer shall occur on a reimbursement
basis on a schedule developed and agreed to by both departments.
Section 309.50. CHILDREN AND FAMILIES
Section 309.50.03. FOSTER CARE REFORM
Of the foregoing appropriation item 600-423, Office of
Children and Families, $1,300,000 in each fiscal year shall be
used to pay for foster care audit workers and related
administrative expenses for state staff.
Of the foregoing appropriation item 600-523, Children and
Families Services, $9,100,000 in each fiscal year shall be
provided to counties for foster care related expenses, including,
but not limited to, upfront services, counseling, intake workers,
foster care staff, case workers, and trainers.
Section 309.50.06. ADULT PROTECTIVE SERVICES
The foregoing appropriation item 600-534, Adult Protective
Services, shall be distributed to counties for the provision of
services to adults who are in need of protective services. The
Department of Job and Family Services shall adopt rules in
accordance with Chapter 119. of the Revised Code to establish a
formula for distribution of the moneys to the counties, including
a requirement that counties put forth a maintenance of effort to
be eligible for these moneys ensuring that these moneys are in
addition to dollars currently spent on adult protective service
efforts and not used to replace other sources of funding.
Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE
In each fiscal year, the Department of Job and Family
Services shall grant $50,000 from appropriation item 600-528,
Adoption Services, and $150,000 from appropriation item 600-606,
Child Welfare (Fund 327), to the National Center for Adoption Law
and Policy to fund a multi-disciplinary child welfare training
initiative. The Department of Job and Family Services shall
coordinate with the National Center for Adoption Law and Policy to
determine the focus of the training provided each year.
ADOPTION LAWSITE INITIATIVE
In each fiscal year, the Department of Job and Family
Services shall grant $37,500 from appropriation item 600-528,
Adoption Services, and $112,500 from appropriation item 600-606,
Child Welfare (Fund 327), to the National Center for Adoption Law
and Policy to fund expansion of the Adoption LawSite Initiative.
Section 309.50.20. CHILDREN'S TRUST FUND
Notwithstanding sections 3109.13 to 3109.18 of the Revised
Code, in each fiscal year, the Director of Budget and Management
shall transfer $1,500,000 cash from the Children's Trust Fund
(Fund 198) in the Department of Job and Family Services to the
Partnerships for Success Fund (Fund 5BH) in the Department of
Youth Services.
Section 309.50.50. VISITING NURSE ASSOCIATION - READY SENIORS
Notwithstanding section 5101.46 of the Revised Code and prior
to allocations for administration and training, of the foregoing
appropriation item 600-620, Social Services Block Grant, up to
$250,000 in each fiscal year shall be reimbursed to the Visiting
Nurses Association of Cleveland, pursuant to a grant agreement
entered into by the Visiting Nurses Association of Cleveland and
the Department of Job and Family Services, for costs of expanding
the Ready Seniors software program that are allowable under state
and federal law governing the use of the Block Grant.
Section 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT
(A) Contingent upon the availability of funding,
the Ohio
Department of Job and Family Services shall implement and
oversee
use of a Child Placement Level of Care Tool on a pilot
basis. The
Department shall implement the pilot program in
Cuyahoga County
and not more than nine additional counties
selected by the
Department. The pilot program shall be developed
with the
participating counties and must be acceptable to all
participating counties. A selected county must agree to
participate in the pilot program.
(B) The pilot program shall begin not later than July 1,
2008, and end not later than December 31, 2009. The length of the
program shall not include any time expended in preparation for
implementation or any post-pilot program evaluation activity.
(C)(1) In accordance with sections 125.01 to 125.11 of the
Revised Code, the Ohio Department of Job and Family Services shall
provide for an independent evaluation of the pilot program to rate
the program's success in the following areas:
(a) Placement stability, length of stay, and other outcomes
for children;
(d) Any other criteria the Department determines will be
useful in the consideration of statewide implementation.
(2) The evaluation design shall include:
(a) A comparison of data to historical outcomes or control
counties;
(b) A retrospective data review of Cuyahoga County's use of
the tool;
(c) A prospective data evaluation in each of the pilot
counties.
(D) The Ohio Department of Mental Health shall conduct a
study of the children placed using the Child Placement Level of
Care Tool, which shall run concurrent with the Ohio Department of
Job and Family Services Child Placement Level of Care Tool pilot
program. This study shall use both the Child Placement Level of
Care Tool and the Ohio Scales in a simultaneous collection of
information about children at the time a placement decision is
made. Simultaneous data collection using the Ohio Scales and the
Placement Level of Care Tool shall be coordinated through
collaboration between the Ohio Department of Mental Health and the
independent evaluator designated under division (C) of this
section to ensure study design integrity and cost efficiency.
Based on this data collection from the Ohio Scales and the
Child Placement Level of Care Tool, the study shall focus on
analyzing any correlations between the initial placement outcomes
and initial scores of problem severity and behavioral health
functioning. Through a data sharing agreement with the independent
evaluator designated in division (C) of this section, the
Department of Mental Health shall also analyze data from
subsequent administrations of the Ohio Scales Tool and changes in
placement level of care for any correlations.
Upon completion of
the study, the Ohio Department of Mental Health shall send a copy
of the results of the study to the independent evaluator
designated under division (C) of this section.
(E) The independent evaluator designated under division (C)
of this section shall send a copy of the evaluator's initial
evaluation of the Child Placement Level of Care Tool, the Ohio
Department of Mental Health's calibration study designated under
division (D) of this section, and the continuity of care analysis
designated under division (D) of this section to the Ohio
Department of Job and Family Services.
(F) The Ohio Department of Job and Family Services may adopt
rules in accordance with Chapter 119. of the Revised Code as
necessary to carry out the purposes of this section. The
Department shall seek maximum federal financial participation to
support the pilot and the evaluation.
(G) Notwithstanding division (E) of section 5101.141 of the
Revised Code, the Department of Job and Family Services shall use
up to $1,000,000 of appropriation item 600-663, Children and
Family Support, over the biennium to implement the Child Placement
Level of Care Tool pilot program described in this section and to
contract for the independent evaluation of the pilot program.
(H) As used in this section:
(1) "Child Placement Level of Care Tool" means an assessment
tool to be developed by the participating counties to assess a
child's placement needs when a child must be removed from the
child's own home and cannot be placed with a relative or kin not
certified as a foster caregiver that includes assessing a child's
behavior, history, psychological state, and the involvement of
service systems.
(2) "Ohio Scales Tool" means the Ohio Youth Problems,
Functioning, ROLES, and Marker Scales (Ohio Scales, Worker Form)
used by the Ohio Department of Mental Health to measure outcomes
for youth ages five to eighteen.
Section 309.50.70. OHIO BENEFIT BANK
Of the foregoing appropriation item 600-659, TANF/Title XX,
up to $299,276 in fiscal year 2008 and up to $472,366 in fiscal
year 2009 shall be used by the Governor's Office of Faith-Based
and Community Initiatives to support the Ohio Benefit Bank, a
web-enabled, counselor-assisted, program for low- and
moderate-income Ohioans.
Section 309.50.80. EARLY CARE AND EDUCATION
Before July 1, 2008, the departments of Job and Family
Services and Education shall develop a fiscal model bringing
together early care and education programs under one funding
system that will provide all children with access to affordable
quality care and education.
Section 309.70. WORKFORCE DEVELOPMENT
Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF
FUND
In each year of the biennium, the Director of Job and Family
Services shall certify to the Director of Budget and Management
the total amount of incentive grants deposited into Fund 331,
Federal Operating, on behalf of state and county employees and
other individuals, entities, and persons with exemplary service to
veterans under an approved employment service delivery program
defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as
approved by the United States Department of Labor. The Director of
Budget and Management shall transfer cash equal to the amount
certified by the Director of Job and Family Services from Fund 331
to Fund 5DB, Military Injury Relief Fund. The transferred funds
shall be used to support grants to eligible individuals under
section 5101.98 of the Revised Code and rules adopted in
accordance with that section.
Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT
The Department of Job and Family Services may use
appropriations from appropriation item 600-688, Workforce
Investment Act, to provide financial assistance for workforce
development activities included in a grant agreement entered into
by the department in accordance with section 5101.20 of the
Revised Code.
OHIO STATE APPRENTICESHIP COUNCIL
Of the foregoing appropriation item 600-688, Workforce
Investment Act, up to $1,900,000 in fiscal year 2008 and up to
$2,200,000 in fiscal year 2009 may be used to support the
activities of the Ohio State Apprenticeship Council.
YOUTH EMPLOYMENT PROGRAMS
Of the foregoing appropriation item 600-688, Workforce
Investment Act, up to $6,000,000 over the biennium shall be used
for competitive grants to eight major urban centers and four other
locations, at least two of which are rural, to provide strategies
and programs that meet the needs of at-risk youth. The program
shall target youth who have disengaged from the education system
and youthful offenders who will be returning to their communities.
Eligible grant applications include governmental units, workforce
investment boards, and not-for-profit and for-profit entities.
Grant funds may be used for youth wages and benefits, supervisory
costs, training and support costs, and infrastructure expenses.
Grant funds may not be used for construction or renovation of
facilities.
THIRD FRONTIER INTERNSHIP PROGRAM
Of the foregoing appropriation item 600-688, Workforce
Investment Act, $1,500,000 in each fiscal year shall be used to
support the Third Frontier Internship program.
NURSE EDUCATION ASSISTANCE
Of the foregoing appropriation item 600-688, Workforce
Investment Act, $700,000 in each fiscal year shall be used to
support the Nurse Education Assistance program described in
division (C)(1)(a) of section 3333.28 of the Revised Code.
Section 309.80. UNEMPLOYMENT COMPENSATION
Section 309.80.10. EMPLOYER SURCHARGE
The surcharge and the interest on the surcharge amounts due
for calendar years
1988, 1989, and 1990 as required by Am. Sub.
H.B. 171 of the 117th General
Assembly, Am. Sub. H.B. 111 of the
118th General Assembly, and section
4141.251 of the Revised Code
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd
General
Assembly, again shall be assessed and
collected by,
accounted for,
and made available to the Department of Job and
Family Services in
the same manner as
set forth in section
4141.251 of the Revised
Code as it existed prior to its repeal by
Sub.
H.B. 478 of the 122nd General
Assembly, notwithstanding the
repeal of the
surcharge for calendar
years after 1990, pursuant to
Sub. H.B. 478 of the
122nd General
Assembly, except that amounts
received by the Director on or after
July 1, 2001, shall be
deposited into the Unemployment Compensation Special
Administrative
Fund (Fund 4A9) established pursuant to section
4141.11 of the Revised Code.
Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS
All unexpended funds remaining at the end of fiscal year 2007
that were appropriated and made available to the state under
section 903(d) of the Social Security Act, as amended, in the
foregoing appropriation item 600-678, Federal Unemployment
Programs (Fund 3V4), are hereby appropriated to the Department of
Job and Family Services. Upon the request of the Director of Job
and Family Services, the Director of Budget and Management may
increase the appropriation for fiscal year 2008 by the amount
remaining unspent from the fiscal year 2007 appropriation and may
increase the appropriation for fiscal year 2009 by the amount
remaining unspent from the fiscal year 2008 appropriation. The
appropriation shall be used under the direction of the Department
of Job and Family Services to pay for administrative activities
for the Unemployment Insurance Program, employment services, and
other allowable expenditures under section 903(d) of the Social
Security Act, as amended.
The amounts obligated pursuant to this section shall not
exceed at any time the amount by which the aggregate of the
amounts transferred to the account of the state under section
903(d) of the Social Security Act, as amended, exceeds the
aggregate of the amounts obligated for administration and paid out
for benefits and required by law to be charged against the amounts
transferred to the account of the state.
Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018-321 |
|
Operating Expenses |
|
$ |
985,710 |
|
$ |
1,015,281 |
TOTAL GRF General Revenue Fund |
|
$ |
985,710 |
|
$ |
1,015,281 |
General Services Fund Group
403 |
018-601 |
|
Ohio Jury Instructions |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL GSF General Services Fund Group |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,335,710 |
|
$ |
1,365,281 |
STATE COUNCIL OF UNIFORM STATE LAWS
Notwithstanding section 105.26 of the Revised Code, of the
foregoing appropriation item 018-321, Operating Expenses, up to
$71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009
may be used to pay the expenses of the State Council of Uniform
State Laws, including membership dues to the National Conference
of Commissioners on Uniform State Laws.
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 403) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in dispensing educational and
informational data to the state's judicial system. Fund
403 shall
be used by the Judicial Conference of Ohio to pay
expenses
incurred in dispensing educational and informational
data to the
state's judicial system. All moneys accruing
to Fund 403 in
excess
of $350,000 in fiscal year 2008 and in
excess of $350,000
in
fiscal year 2009 are hereby appropriated
for the purposes
authorized.
No money in the Ohio Jury Instructions Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board.
Section 313.10. JSC THE JUDICIARY/SUPREME COURT
GRF |
005-321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
127,778,192 |
|
$ |
133,144,970 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
331,500 |
|
$ |
336,770 |
GRF |
005-406 |
|
Law-Related Education |
|
$ |
229,290 |
|
$ |
236,172 |
GRF |
005-409 |
|
Ohio Courts Technology Initiative |
|
$ |
4,000,000 |
|
$ |
6,500,000 |
GRF |
005-502 |
|
Legal Education Opportunity |
|
$ |
250,000 |
|
$ |
350,000 |
TOTAL GRF General Revenue Fund |
|
$ |
132,588,982 |
|
$ |
140,567,912 |
General Services Fund Group
672 |
005-601 |
|
Continuing Judicial Education |
|
$ |
136,000 |
|
$ |
140,000 |
TOTAL GSF General Services Fund Group |
|
$ |
136,000 |
|
$ |
140,000 |
Federal Special Revenue Fund Group
3J0 |
005-603 |
|
Federal Grants |
|
$ |
1,518,491 |
|
$ |
1,467,693 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,518,491 |
|
$ |
1,467,693 |
State Special Revenue Fund Group
4C8 |
005-605 |
|
Attorney Services |
|
$ |
3,841,416 |
|
$ |
3,936,058 |
5T8 |
005-609 |
|
Grants and Awards |
|
$ |
100,000 |
|
$ |
100,000 |
6A8 |
005-606 |
|
Supreme Court Admissions |
|
$ |
1,496,633 |
|
$ |
1,541,532 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
5,438,049 |
|
$ |
5,577,590 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
139,681,522 |
|
$ |
147,753,195 |
The foregoing appropriation item 005-406, Law-Related
Education, shall be distributed directly to the Ohio Center for
Law-Related Education for the purposes of providing continuing
citizenship education activities to primary and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private money for new programs.
OHIO COURTS TECHNOLOGY INITIATIVE
The foregoing appropriation item 005-409, Ohio Courts
Technology Initiative, shall be used to fund an initiative by the
Supreme Court to facilitate the exchange of information and
warehousing of data by and between Ohio courts and other justice
system partners through the creation of an Ohio Courts Network,
the delivery of technology services to courts throughout the
state, including the provision of hardware, software, and the
development and implementation of educational and training
programs for judges and court personnel, and the creation and
operation of the Commission on Technology and the Courts by the
Supreme Court for the promulgation of statewide rules, policies,
and uniform standards, and to aid in the orderly adoption and
comprehensive use of technology in Ohio courts.
LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005-502, Legal Education
Opportunity, shall be used to fund activities undertaken at the
direction of the Chief Justice of the Supreme Court for purposes
of introducing minority, low-income, and educationally
disadvantaged Ohio students to the legal system and providing
educational opportunities to those same students who are preparing
for college and interested in the pursuit of a legal career. The
foregoing appropriation item 005-502, Legal Education Opportunity,
may be used by the Supreme Court, in cooperation with other
entities, to establish and provide programs, courses, and
activities consistent with the purposes set forth in this
paragraph and to pay the associated administrative costs.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 672) shall
consist
of fees
paid by judges and court personnel for attending
continuing education courses
and
other gifts and grants received
for the purpose of continuing judicial
education. The foregoing
appropriation item 005-601, Continuing
Judicial Education, shall
be used to pay expenses for continuing
education courses for
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No money in the Continuing Judicial Education Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board. Interest earned on moneys
in
the Continuing Judicial Education Fund shall be credited to
the
fund.
The Federal Grants Fund (Fund 3J0) shall consist of grants
and other moneys
awarded to the Supreme Court (The
Judiciary) by
the United States
Government or other entities that receive the
moneys directly from
the United States Government and
distribute
those moneys to the Supreme Court (The
Judiciary). The foregoing
appropriation item 005-603, Federal
Grants,
shall be used in a
manner consistent with the purpose of
the grant or award. If it is
determined by the Administrative
Director of the Supreme Court
that additional appropriations are
necessary, the amounts are
hereby appropriated.
No money in the Federal Grants Fund shall be
transferred to
any other
fund by the Director of Budget and
Management or the
Controlling Board.
However, interest earned on
moneys in the
Federal Grants Fund shall be credited or
transferred to the
General Revenue
Fund.
The Attorney Services Fund (Fund 4C8), formerly known as the
Attorney Registration Fund, shall consist of moneys received by
the Supreme Court (The Judiciary) pursuant to the Rules for the
Government of the Bar of Ohio. In addition to funding other
activities considered appropriate by the Supreme Court, the
foregoing appropriation item 005-605, Attorney Services, may be
used to compensate employees and to fund appropriate activities of
the following offices established by the Supreme Court: the Office
of Disciplinary Counsel, the Board of Commissioners on Grievances
and Discipline, the Clients' Security Fund, and the Attorney
Services Division. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No moneys in the Attorney Services Fund shall be transferred
to any other fund by the Director of Budget and Management or the
Controlling Board. Interest earned on moneys in the Attorney
Services Fund shall be credited to the fund.
The Grants and Awards Fund (Fund 5T8) shall consist of grants
and other moneys awarded to the Supreme Court (The Judiciary) by
the State Justice Institute, the Division of Criminal Justice
Services, or other entities. The foregoing appropriation item
005-609, Grants and Awards, shall be used in a manner consistent
with the purpose of the grant or award. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Grants and Awards Fund shall be transferred
to any other fund by the Director of Budget and Management or the
Controlling Board. However, interest earned on moneys in the
Grants and Awards Fund shall be credited or transferred to the
General Revenue Fund.
The foregoing appropriation item 005-606, Supreme Court
Admissions, shall be
used to compensate Supreme Court employees
who are primarily responsible for
administering the attorney
admissions program under the Rules for the
Government of
the Bar
of Ohio, and to fund any other activities considered
appropriate
by the court. Moneys shall be deposited into the
Supreme Court
Admissions Fund (Fund 6A8) under the Supreme
Court Rules for the
Government of the Bar of Ohio. If it is
determined by the
Administrative Director of the Supreme Court
that additional
appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Supreme Court Admissions Fund shall be
credited to the fund.
Effective July 1, 2007, or as soon as practicable thereafter,
the Director of Budget and Management shall transfer the cash
balance in the Commission on Continuing Legal Education Fund (Fund
643) to the Attorney Services Fund (Fund 4C8). The director shall
cancel any existing encumbrances against appropriation item
005-607, Commission on Continuing Legal Education, and
re-establish them against appropriation item 005-605, Attorney
Services. The amounts of the re-established encumbrances are
hereby appropriated. Upon completion of these transfers, the
Commission on Continuing Legal Education Fund (Fund 643) is hereby
abolished.
TRANSFER OF UNENCUMBERED GRF APPROPRIATION AUTHORITY FOR
INDIGENT DEFENSE
On July 1, 2008, or as soon as practicable thereafter, the
Administrative Director of the Supreme Court shall certify to the
Director of Budget and Management the total fiscal year 2008
unencumbered appropriations in appropriation item 005-321,
Operating Expenses - Judiciary/Supreme Court. The Director of
Budget and Management shall transfer that certified amount of
unencumbered fiscal year 2008 appropriations to fiscal year 2009
for use within the Ohio Public Defender Commission's appropriation
item 019-501, County Reimbursement. The amount certified and
transferred is hereby appropriated to the Ohio Public Defender
Commission's appropriation item 019-501, County Reimbursement, in
fiscal year 2009.
Section 315.10. LEC LAKE ERIE COMMISSION
State Special Revenue Fund Group
4C0 |
780-601 |
|
Lake Erie Protection Fund |
|
$ |
450,000 |
|
$ |
450,000 |
5D8 |
780-602 |
|
Lake Erie Resources Fund |
|
$ |
387,000 |
|
$ |
388,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
837,000 |
|
$ |
838,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
837,000 |
|
$ |
838,000 |
Not later than the thirtieth day of November of each fiscal
year, the
Executive Director of the Ohio
Lake Erie Office, with
the approval
of the Lake Erie Commission, shall certify to
the
Director of Budget and
Management the cash balance in the Lake
Erie Resources
Fund (Fund
5D8) in excess of
amounts needed to meet
operating expenses of the Lake Erie Office. The Lake Erie
Office
may request the Director of Budget and Management to
transfer up
to the certified amount from the Lake Erie Resources
Fund (Fund
5D8) to the Lake Erie Protection
Fund (Fund 4C0). The
Director of
Budget and Management may
transfer the requested
amount, or the
Director may transfer a
different amount up to the
certified
amount. Cash transferred
shall be
used for the
purposes
described
in division (A) of
section 1506.23
of the
Revised Code.
The amount
transferred by
the director is hereby
appropriated to the
foregoing appropriation item
780-601, Lake
Erie Protection Fund,
which shall be increased by
the amount
transferred.
Section 317.10. LRS LEGAL RIGHTS SERVICE
GRF |
054-321 |
|
Support Services |
|
$ |
198,075 |
|
$ |
198,075 |
GRF |
054-401 |
|
Ombudsman |
|
$ |
291,247 |
|
$ |
291,247 |
TOTAL GRF General Revenue Fund |
|
$ |
489,322 |
|
$ |
489,322 |
General Services Fund Group
5M0 |
054-610 |
|
Program Support |
|
$ |
81,352 |
|
$ |
81,352 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
81,352 |
|
$ |
81,352 |
Federal Special Revenue Fund Group
3AG |
054-613 |
|
Protection and Advocacy - Voter Accessibility |
|
$ |
115,000 |
|
$ |
115,000 |
3B8 |
054-603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
1,089,999 |
|
$ |
1,089,999 |
3CA |
054-615 |
|
Work Incentives Planning and Assistance |
|
$ |
355,000 |
|
$ |
355,000 |
3N3 |
054-606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
560,000 |
|
$ |
560,000 |
3N9 |
054-607 |
|
Assistive Technology |
|
$ |
160,000 |
|
$ |
160,000 |
3R9 |
054-604 |
|
Family Support Collaborative |
|
$ |
55,000 |
|
$ |
55,000 |
3R9 |
054-616 |
|
Developmental Disability Publications |
|
$ |
130,000 |
|
$ |
130,000 |
3T2 |
054-609 |
|
Client Assistance Program |
|
$ |
435,000 |
|
$ |
435,000 |
3X1 |
054-611 |
|
Protection and Advocacy for Beneficiaries of Social Security |
|
$ |
235,001 |
|
$ |
235,001 |
3Z6 |
054-612 |
|
Traumatic Brain Injury |
|
$ |
70,000 |
|
$ |
70,000 |
305 |
054-602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,705,000 |
|
$ |
4,705,000 |
State Special Revenue Fund Group
5AE |
054-614 |
|
Grants and Contracts |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,375,674 |
|
$ |
5,375,674 |
Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028-321 |
|
Legislative Ethics Committee |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL GRF General Revenue Fund |
|
$ |
550,000 |
|
$ |
550,000 |
General Services Fund Group
4G7 |
028-601 |
|
Joint Legislative Ethics Committee |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
650,000 |
|
$ |
650,000 |
Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
14,917,700 |
|
$ |
14,917,700 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
1,022,120 |
|
$ |
1,022,120 |
GRF |
035-405 |
|
Correctional Institution Inspection Committee |
|
$ |
438,900 |
|
$ |
438,900 |
GRF |
035-409 |
|
National Associations |
|
$ |
460,560 |
|
$ |
460,560 |
GRF |
035-410 |
|
Legislative Information Systems |
|
$ |
3,661,250 |
|
$ |
3,661,250 |
TOTAL GRF General Revenue Fund |
|
$ |
20,500,530 |
|
$ |
20,500,530 |
General Services Fund Group
4F6 |
035-603 |
|
Legislative Budget Services |
|
$ |
154,025 |
|
$ |
154,025 |
410 |
035-601 |
|
Sale of Publications |
|
$ |
25,250 |
|
$ |
25,250 |
5EF |
035-607 |
|
House and Senate Telephone Usage |
|
$ |
30,000 |
|
$ |
30,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
209,275 |
|
$ |
209,275 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
20,709,805 |
|
$ |
20,709,805 |
JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM
Of the foregoing appropriation item 035-321, Operating
Expenses, $100,000 in each fiscal year shall be used for costs
associated with employing an executive director for the Joint
Legislative Committee on Medicaid Technology and Reform as
authorized by division (C) of section 101.391 of the Revised Code.
Section 323.10. LIB STATE LIBRARY BOARD
GRF |
350-321 |
|
Operating Expenses |
|
$ |
6,298,677 |
|
$ |
6,298,677 |
GRF |
350-400 |
|
Ohio Public Library Information Network |
|
$ |
4,330,000 |
|
$ |
4,330,000 |
GRF |
350-401 |
|
Ohioana Rental
Payments |
|
$ |
124,816 |
|
$ |
124,816 |
GRF |
350-501 |
|
Library for the Blind-Cincinnati |
|
$ |
535,615 |
|
$ |
535,615 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,010,441 |
|
$ |
1,010,441 |
GRF |
350-503 |
|
Library for the Blind-Cleveland |
|
$ |
805,642 |
|
$ |
805,642 |
TOTAL GRF General Revenue Fund |
|
$ |
13,105,191 |
|
$ |
13,105,191 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
4S4 |
350-604 |
|
Ohio Public Library Information Network Technology |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
459 |
350-602 |
|
Library Service Charges |
|
$ |
2,708,092 |
|
$ |
2,708,092 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,717,092 |
|
$ |
5,717,092 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,514,075 |
|
$ |
24,514,075 |
The foregoing appropriation item 350-401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the
Martha
Kinney Cooper Ohioana
Library Association pursuant to section
3375.61 of the Revised Code.
LIBRARY FOR THE BLIND-CINCINNATI
The foregoing appropriation item 350-501, Library for the
Blind-Cincinnati, shall be used for the Talking Book program,
which assists the blind and disabled.
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under sections 3375.83 and 3375.90 of the
Revised Code.
LIBRARY FOR THE BLIND-CLEVELAND
The foregoing appropriation item 350-503, Library for the
Blind-Cleveland, shall be used for the Talking Book program, which
assists the blind and disabled.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
The foregoing appropriation items 350-604, Ohio Public
Library Information Network Technology, and 350-400, Ohio Public
Library Information Network,
shall be
used for an information
telecommunications network
linking public
libraries in the state
and such
others as may be
certified as
participants by the Ohio
Public Library
Information
Network Board.
The Ohio Public Library Information
Network Board
shall
consist of eleven members appointed by
the State Library Board
from among the staff of public libraries and past and
present
members of boards of
trustees of public libraries, based on the
recommendations
of the Ohio library community. The Ohio Public
Library
Information Network Board, in consultation with the State
Library,
shall develop a plan of operations for the network. The
board may make decisions regarding use
of the foregoing
appropriation
items 350-400, Ohio Public Library Information
Network, and 350-604, Ohio Public Library Information Network
Technology,
may receive
and expend grants to carry out
the
operations of the
network in
accordance with state law and the
authority to
appoint
and fix the
compensation of a director and
necessary staff. The
State
Library
shall be the fiscal agent for
the network and shall
have
fiscal
accountability for the
expenditure of funds. The Ohio
Public
Library
Information Network
Board members shall be
reimbursed for
actual travel and
necessary
expenses incurred in carrying out
their responsibilities.
In order to limit access to obscene and illegal materials
through
internet use at Ohio Public Library Information Network
(OPLIN)
terminals,
local libraries with OPLIN computer terminals
shall adopt policies
that
control access to obscene and illegal
materials. These policies may include
use of
technological
systems
to select or block
certain internet access. The OPLIN
shall
condition provision of its funds, goods, and services on
compliance
with these policies. The OPLIN Board shall also adopt
and
communicate specific recommendations to local libraries on
methods to control
such improper usage. These methods may include
each library implementing a
written policy
controlling such
improper use of library terminals and requirements for
parental
involvement or written authorization for juvenile internet usage.
Of the foregoing appropriation item 350-400, Ohio Public
Library Information Network, up to $100,000 in each fiscal year
shall be used to help local libraries purchase or maintain filters
to screen out obscene and illegal internet materials.
The OPLIN Board shall research and assist or advise local
libraries
with regard to emerging technologies and methods that
may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall biannually provide
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
the state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement
trends
nationally and internationally affecting this
area of
public
access and
service.
The Ohio Public Library Information Network, INFOhio, and
OhioLINK shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
Section 325.10. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
043 |
970-321 |
|
Operating Expenses |
|
$ |
743,093 |
|
$ |
772,524 |
TOTAL LCF Liquor Control Fund Group |
|
$ |
743,093 |
|
$ |
772,524 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
743,093 |
|
$ |
772,524 |
Section 327.10. LOT STATE LOTTERY COMMISSION
General Services Fund Group
231 |
950-604 |
|
Charitable Gaming Oversight |
|
$ |
2,253,000 |
|
$ |
2,378,000 |
TOTAL GSF General Services Fund Group |
|
$ |
2,253,000 |
|
$ |
2,378,000 |
044 |
950-100 |
|
Personal Services |
|
$ |
25,945,116 |
|
$ |
27,085,265 |
044 |
950-200 |
|
Maintenance |
|
$ |
18,748,274 |
|
$ |
18,693,328 |
044 |
950-300 |
|
Equipment |
|
$ |
2,554,500 |
|
$ |
2,446,500 |
044 |
950-402 |
|
Advertising Contracts |
|
$ |
21,250,000 |
|
$ |
21,250,000 |
044 |
950-403 |
|
Gaming Contracts |
|
$ |
50,419,360 |
|
$ |
51,250,704 |
044 |
950-500 |
|
Problem Gambling Subsidy |
|
$ |
335,000 |
|
$ |
335,000 |
044 |
950-601 |
|
Direct Prize Payments |
|
$ |
147,716,286 |
|
$ |
147,716,286 |
871 |
950-602 |
|
Annuity Prizes |
|
$ |
151,724,305 |
|
$ |
151,724,305 |
TOTAL SLF State Lottery Fund |
|
|
|
|
|
|
Group |
|
$ |
418,692,841 |
|
$ |
420,501,388 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
420,945,841 |
|
$ |
422,879,388 |
Notwithstanding sections 127.14 and 131.35 of the Revised
Code, the Controlling Board may, at the
request of the State
Lottery Commission, authorize additional
appropriations for
operating expenses of the State Lottery
Commission from the State
Lottery Fund up to a maximum of 15 per
cent of anticipated total
revenue accruing from the sale of
lottery tickets.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-601, Direct Prize Payments,
that
the
Director of the State Lottery
Commission determines to
be
necessary
to fund prizes, bonuses, and
commissions are
hereby
appropriated.
With the approval of the Office of Budget and Management,
the
State Lottery Commission shall transfer cash from the State
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund
(Fund 871) in
an amount sufficient to fund deferred prizes. The
Treasurer of State, from time to time, shall credit the Deferred
Prizes Trust Fund
(Fund 871) the pro rata share of interest earned
by the Treasurer
of State on invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-602, Annuity Prizes,
that
the Director of
the State Lottery Commission determines to be
necessary
to
fund
deferred prizes and interest earnings are hereby
appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Ohio Lottery Commission shall transfer an amount greater
than or equal to $657,900,000 in fiscal year 2008 and $667,900,000
in fiscal year 2009 to the Lottery Profits Education Fund.
Transfers from the Commission to the Lottery Profits Education
Fund shall represent the estimated net income from operations for
the Commission in fiscal year 2008 and fiscal
year 2009. Transfers
by the Commission to the Lottery Profits
Education Fund shall be
administered as the statutes direct.
Section 329.10. MHC MANUFACTURED HOMES COMMISSION
General Services Fund Group
4K9 |
996-609 |
|
Operating Expenses |
|
$ |
418,122 |
|
$ |
434,671 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
418,122 |
|
$ |
434,671 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
418,122 |
|
$ |
434,671 |
Section 331.10. MED STATE MEDICAL BOARD
General Services Fund Group
5C6 |
883-609 |
|
Operating Expenses |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
Section 333.10. AMB MEDICAL TRANSPORTATION BOARD
General Services Fund Group
4K9 |
915-604 |
|
Operating Expenses |
|
$ |
471,450 |
|
$ |
473,450 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
471,450 |
|
$ |
473,450 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
471,450 |
|
$ |
473,450 |
CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND
(FUND 4K9)
Effective July 1, 2007, or as soon as practicable thereafter,
the Director of Budget and Management may transfer the cash
balance in the Ohio Medical Transportation Trust Fund (Fund 4N1),
created in division (B) of section 4766.05 of the Revised Code, to
the Occupational Licensing and Regulatory Fund (Fund 4K9), created
in section 4743.05 of the Revised Code. The director shall cancel
any existing encumbrances against appropriation item 915-601,
Operating Expenses, and re-establish them against appropriation
item 915-604, Operating Expenses. The amounts of the
re-established encumbrances are hereby appropriated. Upon
completion of these transfers, the Ohio Medical Transportation
Trust Fund (Fund 4N1) is hereby abolished.
Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH
General Services Fund Group
151 |
336-601 |
|
Office of Support Services |
|
$ |
134,060,000 |
|
$ |
148,998,000 |
TOTAL General Services Fund Group |
|
$ |
134,060,000 |
|
$ |
148,998,000 |
Division of Mental Health--
Psychiatric Services to Correctional Facilities
GRF |
332-401 |
|
Forensic Services |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL GRF General Revenue Fund |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
Section 335.10.10. FORENSIC SERVICES
The foregoing appropriation item 332-401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:32-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332-401, Forensic Services,
may be used to
support projects involving mental health, substance
abuse,
courts,
and law enforcement to identify and develop
appropriate
alternative services to incarceration for
nonviolent
mentally ill offenders, and to provide specialized re-entry
services to offenders leaving prisons and jails. Funds may also be
utilized to
provide forensic
monitoring and tracking in addition
to community
programs
serving
persons of forensic status on
conditional release
or
probation.
Section 335.20. Division of Mental Health--
Administration and Statewide Programs
GRF |
333-321 |
|
Central Administration |
|
$ |
23,750,000 |
|
$ |
23,750,000 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,364,919 |
|
$ |
1,364,919 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
650,135 |
|
$ |
650,135 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
23,767,400 |
|
$ |
20,504,500 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
1,001,551 |
|
$ |
1,001,551 |
TOTAL GRF General Revenue Fund |
|
$ |
50,534,005 |
|
$ |
47,271,105 |
General Services Fund Group
149 |
333-609 |
|
Central Office Operating |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
TOTAL General Services Fund Group |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
Federal Special Revenue Fund Group
3A6 |
333-608 |
|
Community & Hospital Services |
|
$ |
140,000 |
|
$ |
140,000 |
3A7 |
333-612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
25,000 |
3A8 |
333-613 |
|
Federal Grant - Administration |
|
$ |
4,888,105 |
|
$ |
4,888,105 |
3A9 |
333-614 |
|
Mental Health Block Grant - Administration |
|
$ |
748,470 |
|
$ |
748,470 |
3B1 |
333-635 |
|
Community Medicaid Expansion |
|
$ |
13,691,682 |
|
$ |
13,691,682 |
324 |
333-605 |
|
Medicaid/Medicare |
|
$ |
154,500 |
|
$ |
154,500 |
TOTAL Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
19,647,757 |
|
$ |
19,647,757 |
State Special Revenue Fund Group
232 |
333-621 |
|
Family and Children First Administration |
|
$ |
625,000 |
|
$ |
625,000 |
4X5 |
333-607 |
|
Behavioral Health Medicaid Services |
|
$ |
3,000,634 |
|
$ |
3,000,634 |
485 |
333-632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
5V2 |
333-611 |
|
Non-Federal Miscellaneous |
|
$ |
580,000 |
|
$ |
560,000 |
TOTAL State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,339,867 |
|
$ |
4,319,867 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
75,721,629 |
|
$ |
72,438,729 |
Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333-402, Resident Trainees,
shall be used to fund training agreements entered into by the
Department of
Mental Health for the development of curricula and
the provision of training
programs to support public mental health
services.
Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333-403, Pre-Admission
Screening
Expenses, shall be used to pay
for costs to ensure that
uniform statewide methods for pre-admission screening
are in place
to perform assessments for persons who have severe mental illness
and are referred for long-term Medicaid certified nursing facility
placement. Pre-admission screening
includes the following
activities: pre-admission assessment,
consideration of continued
stay
requests, discharge planning and
referral, and adjudication
of appeals and
grievance procedures.
Section 335.20.30. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 333-415, Lease-Rental
Payments, shall
be used to meet
all payments during the
period
from July 1, 2007, to June
30, 2009, by the Department of
Mental
Health
under leases
and agreements made under section 154.20 of
the Revised
Code. These appropriations are the source of funds
pledged for bond service charges on obligations issued pursuant to
Chapter 154. of the Revised Code.
Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid Services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333-607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 335.20.50. PERFORMANCE AUDIT
The Auditor of State shall complete a performance
audit of
the Department of Mental Health. Upon completing the performance
audit, the Auditor of State shall submit a report of the findings
of the audit to the Governor, the President of the Senate, the
Speaker of the House of Representatives, and the Director of
Mental Health. Expenses incurred by the Auditor of State to
conduct the performance audit shall be reimbursed by the
Department of Mental Health.
Section 335.20.60. INTERNAL REVIEW
The Director of Mental Health shall consult with the Director
of Budget and Management and representatives of local and county
mental health services agencies to conduct an internal review of
policies and procedures to increase efficiency and identify and
eliminate duplicative practices. Any savings identified as a
result of the internal review or the performance audit conducted
by the Auditor of State shall be used for community-based care.
The Director of Mental Health shall seek Controlling Board
approval before expending any funds identified as a result of the
internal review or the performance audit.
Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS
GRF |
334-408 |
|
Community and Hospital Mental Health Services |
|
$ |
400,324,545
|
|
$ |
400,324,545 |
GRF |
334-506 |
|
Court Costs |
|
$ |
976,652 |
|
$ |
976,652 |
TOTAL GRF General Revenue Fund |
|
$ |
401,301,197 |
|
$ |
401,301,197 |
General Services Fund Group
149 |
334-609 |
|
Hospital - Operating Expenses |
|
$ |
33,800,000 |
|
$ |
33,800,000 |
150 |
334-620 |
|
Special Education |
|
$ |
120,930 |
|
$ |
120,930 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,920,930 |
|
$ |
33,920,930 |
Federal Special Revenue Fund Group
3A6 |
334-608 |
|
Subsidy for Federal Grants |
|
$ |
586,224 |
|
$ |
586,224 |
3A8 |
334-613 |
|
Federal Letter of Credit |
|
$ |
200,000 |
|
$ |
200,000 |
3B0 |
334-617 |
|
Adult Basic and Literary Education |
|
$ |
182,334 |
|
$ |
182,334 |
3B1 |
334-635 |
|
Hospital Medicaid Expansion |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
324 |
334-605 |
|
Medicaid/Medicare |
|
$ |
34,500,000 |
|
$ |
50,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
37,468,558 |
|
$ |
53,468,558 |
State Special Revenue Fund Group
485 |
334-632 |
|
Mental Health Operating |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
692 |
334-636 |
|
Community Mental Health Board Risk Fund |
|
$ |
80,000 |
|
$ |
80,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,180,000 |
|
$ |
3,180,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
475,870,685 |
|
$ |
491,870,685 |
Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334-636, Community Mental
Health Board Risk
Fund, shall
be used to make payments under
section 5119.62 of the
Revised Code.
Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-404 |
|
Behavioral Health Services-Children |
|
$ |
8,076,153 |
|
$ |
8,711,153 |
GRF |
335-405 |
|
Family & Children First |
|
$ |
2,260,000 |
|
$ |
2,260,000 |
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
9,959,798 |
|
$ |
9,959,798 |
GRF |
335-505 |
|
Local Mental Health Systems of Care |
|
$ |
104,187,868 |
|
$ |
104,187,868 |
TOTAL GRF General Revenue Fund |
|
$ |
124,483,819 |
|
$ |
125,118,819 |
General Services Fund Group
4P9 |
335-604 |
|
Community Mental Health Projects |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
Federal Special Revenue Fund Group
3A6 |
335-608 |
|
Federal Miscellaneous |
|
$ |
2,178,699 |
|
$ |
2,178,699 |
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
8,657,288 |
|
$ |
8,657,288 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
2,595,040 |
|
$ |
2,595,040 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
14,969,400 |
|
$ |
14,969,400 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
299,614,455 |
|
$ |
316,699,716 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
328,014,882 |
|
$ |
345,100,143 |
State Special Revenue Fund Group
5AU |
335-615 |
|
Behavioral Healthcare |
|
$ |
6,690,000 |
|
$ |
6,690,000 |
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
350,000 |
|
$ |
350,000 |
5CH |
335-622 |
|
Residential Support Service |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
8,540,000 |
|
$ |
8,540,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
461,288,701 |
|
$ |
479,008,962 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
580,657,879 |
|
$ |
578,029,979 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
169,430,930 |
|
$ |
184,368,930 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
385,131,197 |
|
$ |
418,216,458 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
16,059,867 |
|
$ |
16,039,867 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
1,151,279,873 |
|
$ |
1,196,655,234 |
Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN
The foregoing appropriation item 335-404, Behavioral Health
Services-Children, shall be used to provide behavioral health
services for children and their families. Behavioral health
services include mental health and alcohol and other drug
treatment services and other necessary supports.
Of the foregoing appropriation item 335-404, Behavioral
Health Services-Children, an amount up to $4.5 million in fiscal
year 2008 and $5.5 million in fiscal year 2009 shall be
distributed to local Alcohol, Drug Addiction, and Mental Health
Boards; Community Mental Health Boards; and Alcohol and Drug
Addiction Boards, based upon a distribution formula and guidance
defined by a team of state and local stakeholders appointed by the
Ohio Family and Children First Cabinet Council. This team shall
include, but not be limited to, all of the following:
(A) At least one representative from each of the Departments
of Alcohol and Drug Addiction Services, Mental Health, Education,
Health, Job and Family Services, Mental Retardation and
Developmental Disabilities, and the Department of Youth Services;
(B) At least one person representing local public children's
services agencies;
(C) At least one person representing juvenile courts;
(D) At least one person representing local Alcohol, Drug
Addiction, and Mental Health Boards; Community Mental Health
Boards; and Alcohol and Drug Addiction Boards;
(E) At least one person representing local Family and
Children First Council Coordinators;
(F) At least one family representative.
Funds may be used to support the following services and
activities as determined by local Alcohol, Drug Addiction, and
Mental Health Boards; Community Mental Health Boards; and Alcohol
and Drug Addiction Boards and local family and children first
councils and aligned with county service coordination mechanism as
described in division (C) of section 121.37 of the Revised Code:
(A) Mental health services provided by the Ohio Department of
Mental Health certified agencies and alcohol and other drug
services provided by Department of Alcohol and Drug Addiction
Services certified agencies;
(B) Services and supports for children and their families
that further the implementation of their individual service plans;
(C) Treatment services in out-of-home settings, including
residential facilities, when other alternatives are not available
or feasible;
(D) Administrative support for efforts associated with this
initiative;
(E) These funds shall not be used to supplant existing
efforts.
Of the foregoing appropriation item 335-404, Behavioral
Health Services-Children, an amount up to $1.0 million in fiscal
year 2008 and $1.0 million in fiscal year 2009 shall be used to
support projects, as determined by the Ohio Family and Children
First Cabinet Council, in select areas around the state to focus
on improving behavioral health juvenile justice services.
Of the foregoing appropriation item 335-405, Family &
Children First, an amount up to $500,000 in fiscal year 2008 and
$500,000 in fiscal year 2009 shall be used for children for whom
the primary focus of treatment is not a mental health or alcohol
or drug addiction disorder and require services or supports to
assist those needs through the County Family and Children First
Council.
Of the foregoing appropriation item 335-404, Behavioral
Health Services – Children, an amount up to $500,000 in each
fiscal year shall be used to provide behavioral health treatment
services for children from birth to age seven.
Section 335.40.15. BEHAVIORAL HEALTH PILOT PROGRAM IN
SPECIFIED COUNTIES
(A) As used in this section:
(1) "Local boards" means all of the following, collectively:
(a) The Clermont County Mental Health & Recovery Board;
(b) The Heartland East Collaborative, which is comprised of
the Ashtabula Mental Health & Recovery Board; the Columbiana
County Mental Health & Recovery Board; the Mental Health &
Recovery Board of Portage County; the Alcohol & Drug Addiction
Services Board of Stark County; the Stark County Community Mental
Health Board; and the Mental Health & Recovery Board of Wayne and
Holmes Counties;
(c) The Alcohol, Drug and Mental Health Board of Franklin
County;
(d) The Geauga County Board of Mental Health and Recovery
Services;
(e) The Mental Health, Drug and Alcohol Services Board of
Logan and Champaign Counties;
(f) The Mental Health & Recovery Services Board of Lucas
County;
(g) The Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction
and Mental Health Services;
(h) The Mental Health and Recovery Services Board of Richland
County.
(2) "Large county local boards" means the Alcohol, Drug and
Mental Health Board of Franklin County and the Mental Health &
Recovery Services Board of Lucas County.
(3) "Medicaid managed care plan" means a health insuring
corporation under contract with the Department of Job and Family
Services pursuant to section 5111.17 of the Revised Code.
(4) "Mid-size county local boards" means the Mental Health
and Recovery Services Board of Richland County and the Clermont
County Mental Health & Recovery Board.
(5) "Selected local boards" means the local boards selected
pursuant to division (B) of this section to participate in the
behavioral health pilot program.
(6) "Small county local boards" means the Geauga County Board
of Mental Health and Recovery Services; the Mental Health, Drug
and Alcohol Services Board of Logan and Champaign Counties; and
the Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction and
Mental Health Services.
(B) The local boards and the Departments of Mental Health,
Alcohol and Drug Addiction Services, and Job and Family Services
shall select one large county local board, one mid-size county
local board, and one small local board to participate with the
Heartland East Collaborative in a behavioral health pilot program
to be developed and operating not later than October 1, 2007, that
serves the counties of the selected local boards and the counties
served by the Heartland East Collaborative. The purpose of the
program is to test a model of a system of care for community
behavioral health services delivered to individuals described in
division (E) of this section. The pilot program shall cease to
operate on June 30, 2009.
(C) The model tested by the pilot program shall propose to do
all of the following:
(1) Provide clinically appropriate and timely behavioral
health services;
(2) Provide improved access to a full continuum of behavioral
health care to Medicaid recipients and individuals who are not
Medicaid recipients;
(3) Improve the quality of behavioral health services
provided;
(4) Improve accountability for behavioral health services
provided through measurement of outcomes;
(5) Control costs to assure financial viability;
(6) Consider all public funds administered through the
boards;
(7) Coordinate with Medicaid managed care plans operating in
the counties in which the pilot is operated.
(8)
Have the ability to be replicated in all regions of the
state.
(D) The pilot program may include the following elements:
(1) Development of defined behavioral health service
packages;
(2) Guidelines to ensure that behavioral health service types
and amounts match individual needs;
(3) Identification and tracking of outcomes;
(4) A process for care coordination and utilization review
and management;
(5) Performance standards for provider participation.
(E) The pilot program shall target the following individuals:
(1) Adults who reside in the counties served by the selected
local boards and have been diagnosed as suffering from one or more
serious mental illnesses;
(2) Adults who reside in the counties served by the selected
local boards and have been diagnosed as suffering from alcoholism
or drug addiction, or both;
(3) Adults who reside in the counties served by the selected
local boards and have been diagnosed as suffering from at least
one of the conditions described in division (E)(1) of this section
and at least one of the conditions described in division (E)(2) of
this section, who have been identified as having a high risk for
frequent utilization of behavioral health services, and who
currently receive services from the public behavioral health
system.
To the extent determined appropriate by the advisory
committee that must be convened under division (G) of this
section, the pilot program may target adults who reside in the
counties served by the selected local boards and have been
identified as having a high risk for frequent utilization of
behavioral health services, regardless of diagnosis.
(F) The selected local boards, the Departments of Mental
Health, Alcohol and Drug Addiction Services, and Job and Family
Services, and the Medicaid managed care plans operating in the
counties in which the pilot is operated shall conduct an interim
and final evaluation of the pilot program. A report summarizing
the findings of the interim evaluation shall be submitted to the
Governor, the Speaker and Minority Leader of the House of
Representatives, the President and Minority Leader of the Senate,
and the Directors of Mental Health, Alcohol and Drug Addiction
Services, and Job and Family Services not later than January 30,
2009. A report summarizing the findings of the final evaluation
shall be submitted to the Governor, the Speaker and Minority
Leader of the House of Representatives, the President and Minority
Leader of the Senate, and the Directors of Mental Health, Alcohol
and Drug Addiction Services, and Job and Family Services not later
than September 1, 2009.
(G) The selected local boards, Departments of Mental Health,
Alcohol and Drug Addiction Services, and Job and Family Services,
and Medicaid managed care plans operating in the counties in which
the pilot is operated shall convene an advisory committee to
consult the selected local boards and the Departments of Mental
Health, Alcohol and Drug Addiction Services, and Job and Family
Services in the development and operation of the pilot program.
Members of the advisory committee shall represent consumers,
advocacy groups, and providers of alcohol and drug addiction or
mental health services.
On submission of the report summarizing the results of the
final evaluation of the pilot program, the advisory committee
shall cease to exist.
Section 335.40.20. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335-419, Community
Medication Subsidy, shall be used to provide subsidized support
for psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335-505, Local Mental Health
Systems of Care, shall be used for mental health services provided
by community mental health boards in accordance with a community
mental health plan submitted under section 340.03 of the Revised
Code and as approved by the Department of Mental Health.
Of the foregoing appropriation item 334-505, Local Mental
Health Systems of Care, not less than $37,058,917 in fiscal year
2008 and not less than $37,058,917 in fiscal year 2009 shall be
distributed by the Department of Mental Health on a per capita
basis to community mental health boards.
Of the foregoing appropriation item 335-505, Local Mental
Health Systems of Care, $10,000 in each fiscal year shall be
allocated to The Gathering Place in Athens.
Of the foregoing appropriation 335-505, Local Mental Health
Systems of Care, $150,000 in each fiscal year shall be used to
fund family and consumer education and support.
Section 335.40.40. RESIDENTIAL STATE SUPPLEMENT
The foregoing appropriation item 335-622, Residential State
Supplement, shall be used to provide subsidized support for
licensed adult care facilities that serve individuals with mental
illness.
Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE
SERVICES
GRF |
320-321 |
|
Central Administration |
|
$ |
9,638,610 |
|
$ |
9,638,610 |
GRF |
320-412 |
|
Protective Services |
|
$ |
2,792,322 |
|
$ |
2,792,322 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
23,767,400 |
|
$ |
20,504,500 |
TOTAL GRF General Revenue Fund |
|
$ |
36,198,332 |
|
$ |
32,935,432 |
General Services Fund Group
4B5 |
320-640 |
|
Training and Service Development |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
Federal Special Revenue Fund Group
3A5 |
320-613 |
|
DD Council
|
|
$ |
2,705,004 |
|
$ |
2,743,630 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,705,004 |
|
$ |
2,743,630 |
State Special Revenue Fund Group |
|
|
|
|
|
|
5S2 |
590-622 |
|
Medicaid Administration & Oversight |
|
$ |
11,003,855 |
|
$ |
11,472,335 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
11,003,855 |
|
$ |
11,472,335 |
TOTAL ALL GENERAL ADMINISTRATION |
|
|
|
|
|
|
AND STATEWIDE SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
50,007,191 |
|
$ |
47,251,397 |
Section 337.20.10. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 320-415,
Lease-Rental
Payments,
shall be used to meet
all payments at the time they are
required to be made during the
period from July 1, 2007, to June
30, 2009, by the Department of
Mental Retardation and
Developmental Disabilities under leases and
agreements
made
under
section 154.20 of the Revised Code. These appropriations are the
source of funds pledged for bond service charges or obligations
issued pursuant to Chapter 154. of the Revised Code.
Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE
(A) There is hereby created the MR/DD Futures Study
Committee. The Committee shall consist of the following:
(1) One member who is an individual eligible to receive
services from a county board of mental retardation and
developmental disabilities, appointed by the Governor;
(2) One member who is an immediate family member of an
individual eligible to receive services from a county board of
mental retardation and developmental disabilities, appointed by
the Governor;
(3) Two members who are members of the House of
Representatives, appointed by the Speaker of the House of
Representatives as follows:
(a) One member from the majority party;
(b) One member from the minority party.
(4) Two members who are members of the Senate, appointed by
the President of the Senate as follows:
(a) One member from the majority party;
(b) One member from the minority party.
(5) Four members of statewide advocacy organizations for
individuals with mental retardation or other developmental
disabilities, appointed as follows:
(a) One member by the Board of Trustees of the Arc of Ohio;
(b) One member by the Board of Directors of the Ohio League
for the Mentally Retarded;
(c) One member by the Board of People First of Ohio;
(d) One member by the governing board of an organization
designated by the Director of Mental Retardation and Developmental
Disabilities;
(6) One member appointed by the Board of Directors of the
Ohio Self-Determination Association;
(7) One member appointed by the governing authority of the
Ohio Superintendents of County Boards of Mental Retardation and
Developmental Disabilities Association;
(8) Two members appointed by the Board of Trustees of the
Ohio Association of County Boards of Mental Retardation and
Developmental Disabilities;
(9) One member appointed by the Board of Trustees of the
County Commissioners' Association of Ohio;
(10) Two members appointed by the Board of Trustees of the
Ohio Provider Resource Association;
(11) One member appointed by the Board of Directors of the
Ohio Health Care Association;
(12) The Director of Job and Family Services or the
Director's designee;
(13) Two members appointed by the Governor who are
representatives of statewide labor organizations representing
public employees;
(14) The Director of Mental Retardation and Developmental
Disabilities, who shall serve as the committee's chairperson.
(B) The Governor shall not appoint an individual under
division (A)(1) or (2) of this section if the individual is an
employee of the state, an employee or member of a county board of
mental retardation and developmental disabilities, or an employee
or a governing board member of a provider of services to an
individual with mental retardation and developmental disabilities.
(C) Members of the Committee shall be appointed not later
than thirty days after the effective date of this section. Members
of the Committee shall serve without compensation, except to the
extent that serving on the committee is considered part of their
regular employment duties. The Department of Mental Retardation
and Developmental Disabilities may reimburse members of the
Committee for their reasonable travel expenses.
(D) The Committee shall meet at times and locations
determined by the chairperson to do all of the following:
(1) Review the effectiveness, efficiency, and sustainability
of current uses of funding for the state's mental retardation and
developmental disabilities system;
(2) Propose alternatives for effectively funding the
nonfederal share of Medicaid expenditures for home and
community-based services for individuals with mental retardation
and other developmental disabilities, including the amendments by
this act to sections 5123.047, 5123.048, 5123.0414, 5126.059,
5126.0510, 5126.0511, and 5126.0512 of the Revised Code.
(3) Identify the potential for reducing administrative costs
in the state's mental retardation and developmental disabilities
system;
(4) Propose alternatives for effectively balancing revenues
available to the state and the county boards of mental retardation
and developmental disabilities to fulfill their responsibilities
for funding, planning, and monitoring the delivery of mental
retardation and developmental disability services;
(5) Examine the efficiency and effectiveness of the current
system of separate and concurrent mental retardation and
developmental disabilities accreditation, licensure,
certification, quality assurance, and quality improvement
activities and propose changes to improve that system;
(6) Recommend steps necessary to assure the long term
financial sustainability of mental retardation and developmental
disability services to meet current and future needs while
affording counties the ability to make local decisions about the
priority uses of local tax levy funding;
(7) Determine the feasibility and potential benefits of
regional planning approaches to meet specialized and intensive
service needs;
(8) Propose improvements needed and action steps to fully
realize the principle of self-determination by individuals with
mental retardation and other developmental disabilities;
(9) Evaluate the effectiveness and equity of the state's
mental retardation and developmental disabilities systems' uses of
waiting and service substitution lists, priority populations, and
having separate acuity instruments that vary by service setting;
(10) Review other matters the Director of Mental Retardation
and Developmental Disabilities considers appropriate for
evaluations.
(E) The Committee shall not transact business unless a quorum
is present. A majority of the Committee members constitutes a
quorum.
(F) Not later than March 30, 2008, the Committee shall submit
a report on its actions and recommendations to the Governor and
General Assembly. The Committee shall cease to exist on submission
of the report.
Section 337.30. COMMUNITY SERVICES
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
6,753,881 |
|
$ |
6,753,881 |
GRF |
322-416 |
|
Medicaid Waiver - State Match |
|
$ |
109,551,380 |
|
$ |
109,551,380 |
GRF |
322-451 |
|
Family Support Services |
|
$ |
6,938,898 |
|
$ |
6,938,898 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
87,270,048 |
|
$ |
87,270,048 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
GRF |
322-504 |
|
Martin Settlement |
|
$ |
6,159,766 |
|
$ |
29,036,451 |
TOTAL GRF General Revenue Fund |
|
$ |
230,673,973 |
|
$ |
253,550,658 |
General Services Fund Group
488 |
322-603 |
|
Provider Audit Refunds |
|
$ |
10,000 |
|
$ |
10,000 |
5MO |
322-628 |
|
Martin Settlement |
|
$ |
150,000 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
160,000 |
|
$ |
10,000 |
Federal Special Revenue Fund Group
3G6 |
322-639 |
|
Medicaid Waiver - Federal |
|
$ |
456,311,171 |
|
$ |
506,618,829 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
4,278,713 |
|
$ |
0 |
325 |
322-612 |
|
Community Social Service Programs
|
|
$ |
11,186,114 |
|
$ |
11,164,639 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
471,775,998 |
|
$ |
517,783,468 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Medicaid Waiver - State Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5DJ |
322-625 |
|
Targeted Case Management Match |
|
$ |
11,082,857 |
|
$ |
11,470,757 |
5DJ |
322-626 |
|
Targeted Case Management Services |
|
$ |
27,548,737 |
|
$ |
28,512,943 |
5EV |
322-627 |
|
Program Fees |
|
$ |
20,000 |
|
$ |
20,000 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
10,000 |
|
$ |
10,000 |
5Z1 |
322-624 |
|
County Board Waiver Match |
|
$ |
116,000,000 |
|
$ |
126,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
166,661,594 |
|
$ |
178,013,700 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
869,271,565 |
|
$ |
949,357,826 |
Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES
The Department of Mental Retardation and Developmental
Disabilities may designate a portion of appropriation item
322-413, Residential and Support Services, for Sermak Class
Services used to implement the requirements
of the agreement
settling the condecree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division.
Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE
PROGRAMS
Notwithstanding Chapters 5123. and 5126. of the Revised Code,
the Department of Mental Retardation and Developmental
Disabilities may develop residential and support service programs
funded by appropriation item 322-413, Residential and Support
Services, and the appropriation for supported living in
appropriation item 322-501, County Board Subsidy, that enable
persons with mental retardation and developmental disabilities to
live in the community. Notwithstanding Chapter 5121. and section
5123.122 of the Revised Code, the Department may waive the support
collection requirements of those statutes for persons in community
programs developed by the Department under this section. The
Department shall adopt rules under Chapter 119. of the Revised
Code or may use existing rules for the implementation of these
programs.
Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)
Except as otherwise provided in section 5123.0416 of the
Revised Code, the purposes for which the foregoing appropriation
item 322-416, Medicaid Waiver - State Match, shall be used include
the following:
(A) Home and community-based waiver services under Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,
as amended.
(B) To pay the nonfederal share of the cost of one or more
new intermediate care facility for the mentally retarded certified
beds, if the Director of Mental Retardation and Developmental
Disabilities is required by this act to transfer to the Director
of Job and Family Services funds to pay such nonfederal share.
Except as otherwise provided in section 5123.0416 of the
Revised Code, the Department of Mental Retardation and
Developmental Disabilities may designate a portion of
appropriation item 322-416, Medicaid Waiver - State Match, to
county boards of mental retardation and developmental disabilities
that have greater need for various residential and support
services because of a low percentage of residential and support
services development in comparison to the number of individuals
with mental retardation or developmental disabilities in the
county.
Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS
Except as otherwise provided in Section 337.40.30 of this
act, the Department of Mental Retardation and Developmental
Disabilities shall use the foregoing appropriation item 322-501,
County Boards Subsidy, to pay each county board of mental
retardation and developmental disabilities in each fiscal year of
the biennium an amount that is equal to the amount such board
received in fiscal year 2007 from former appropriation items
322-417, Supported Living; 322-452, Service and Support
Administration; and 322-501, County Boards Subsidies.
Except as otherwise provided in section 5126.0511 of the
Revised Code, county boards shall use the subsidy for early
childhood services and adult services provided under section
5126.05 of the Revised Code, service and support administration
provided under section 5126.15 of the Revised Code, and supported
living as defined in section 5126.01 of the Revised Code.
In the event that the appropriation in appropriation item
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year
2009 is greater than the subsidy paid by the Department for fiscal
year 2007 from former appropriation items 332-417, Supported
Living; 322-452, Services and Support Administration; and 322-501,
County Boards Subsidies, the Department and county boards shall
develop a formula for allocating the additional appropriation to
each county board to support priorities determined by the
Department and county boards.
The Department shall distribute this subsidy to county boards
in quarterly installments of equal amounts. The installments shall
be made not later than the thirtieth day of September, the
thirty-first day of December, the thirty-first day of March, and
thirtieth day of June.
The Department also may use the foregoing appropriation item
322-501, County Boards Subsidy, to pay the nonfederal share of the
cost of one or more new intermediate care facility for the
mentally retarded certified beds, if the Director of Mental
Retardation and Developmental Disabilities is required by this act
to transfer to the Director of Job and Family Services funds to
pay such nonfederal share.
Section 337.30.43. TAX EQUITY
Notwithstanding section 5126.18 of the Revised Code, if a
county board of mental retardation and developmental disabilities
received a tax equity payment in fiscal year 2007, but would not
receive such a payment in fiscal years 2008 and 2009, the
Department of Mental Retardation and Developmental Disabilities
shall use the foregoing appropriation item 322-503, Tax Equity, to
pay each such board in each fiscal year of the biennium an amount
that is equal to the tax equity payment the board received in
fiscal year 2007 or $25,000, whichever is less. The Department
shall use the remainder of the appropriation item to make tax
equity payments in accordance with section 5126.18 of the Revised
Code.
Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE
To comply with the Martin Consent Order, on July 1, 2007, or
as soon as possible thereafter, the Director of Budget and
Management shall transfer $150,000 in cash from the General
Revenue Fund to the Program Income Fund (FUND 5MO).
Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8)
The foregoing appropriation item 322-604, Medicaid Waiver -
State Match (Fund
4K8),
shall be used as state matching funds for
the home and
community-based
waivers.
Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES
County boards of mental retardation and developmental
disabilities shall pay the nonfederal portion of targeted case
management costs to the Department of Mental Retardation and
Developmental Disabilities. The Director of Mental Retardation and
Developmental Disabilities shall withhold any amount owed to the
Department from subsequent disbursements from any appropriation
item or money otherwise due to a nonpaying county.
The Departments of Mental Retardation and Developmental
Disabilities and Job and Family Services may enter into an
interagency agreement under which the Department of Mental
Retardation and Developmental Disabilities shall pay the
Department of Job and Family Services the nonfederal portion of
the cost of targeted case management services paid by county
boards and the Department of Job and Family Services shall pay the
total cost of targeted case management claims.
Section 337.30.70. TRANSFER TO PROGRAM FEE FUND
On July 1, 2007, or as soon as possible thereafter, the
Director of Mental Retardation and Developmental Disabilities
shall certify to the Director of Budget and Management the amount
of cash that has been deposited into Fund 4B5,
Conference/Training, pursuant to sections 5123.19 and 5126.25 of
the Revised Code, less the amount that has been expended from Fund
4B5 to operate the Certification and Registration Program
established under section 5126.25 of the Revised Code and to
license and inspect residential facilities as outlined in section
5123.19 of the Revised Code. The certified amount shall not
include amounts deposited into Fund 4B5 for training and
conferences conducted by the Department of Mental Retardation and
Developmental Disabilities. Upon receipt of the certification, the
Director of Budget and Management shall transfer cash equal to the
amount certified and all associated liabilities and obligations to
Fund 5EV, Program Fee Fund, in the Department of Mental
Retardation and Developmental Disabilities.
Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR
SERVICES
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
Department may develop a
method for recovery of all costs
associated with the provisions of these
services.
Section 337.40. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Developmental Center and Residential Facilities
Operation Expenses |
|
$ |
102,796,851 |
|
$ |
102,796,851 |
TOTAL GRF General Revenue Fund |
|
$ |
102,796,851 |
|
$ |
102,796,851 |
General Services Fund Group
152 |
323-609 |
|
Developmental Center and Residential Operating Services
|
|
$ |
912,177 |
|
$ |
912,177 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
912,177 |
|
$ |
912,177 |
Federal Special Revenue Fund Group
3A4 |
323-605 |
|
Developmental Center and Residential Facility Services and Support |
|
$ |
136,299,536 |
|
$ |
137,555,308 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
136,299,536 |
|
$ |
137,555,308 |
State Special Revenue Fund Group
221 |
322-620 |
|
Supplement Service Trust |
|
$ |
150,000 |
|
$ |
150,000 |
489 |
323-632 |
|
Developmental Center Direct Care Support |
|
$ |
14,543,764 |
|
$ |
14,671,616 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,693,764 |
|
$ |
14,821,616 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
254,702,328 |
|
$ |
256,085,952 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
369,669,156 |
|
$ |
389,282,941 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
1,172,177 |
|
$ |
1,022,177 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
610,780,538 |
|
$ |
658,082,406 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
192,359,213 |
|
$ |
204,307,651 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
1,173,981,084 |
|
$ |
1,252,695,175 |
Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER
PHARMACY PROGRAMS
The Department of Mental Retardation and Developmental
Disabilities shall pay the Department of Job and Family Services
quarterly, through intrastate transfer voucher, the nonfederal
share of Medicaid prescription drug claim costs for all
developmental centers paid by the Department of Job and Family
Services.
Section 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT
PROGRAM
The Director of Mental Retardation and Developmental
Disabilities
shall establish, as part of the Individual Options
Medicaid Waiver
program, a pilot program to be operated during
calendar year 2009
under which the Gallipolis Developmental
Center provides home and
community-based services under the
Individual Options Medicaid
waiver program to not more than ten
individuals at one time. Money shall be expended on the pilot
program beginning in the first half of calendar year 2009.
The pilot program shall be operated in a manner consistent
with the terms of the consent order filed March 5, 2007, in Martin
v. Strickland, Case No. 89-CV-00362, in the United States District
Court for the Southern District of Ohio, Eastern Division. The
pilot program also shall be operated in accordance with the
federal Medicaid waiver authorizing the
Individual Options
Medicaid waiver program. Only individuals eligible for the
Individual Options
Medicaid waiver program who volunteer to
receive home and
community-based services under the Individual
Options Medicaid
waiver program from the Gallipolis Developmental
Center may
participate in the pilot program. The Director of
Mental
Retardation and Developmental Disabilities and the
Director of Job
and Family Services shall provide the Gallipolis
Developmental
Center technical assistance the Center needs
regarding the pilot
program.
All expenses the Gallipolis
Developmental Center incurs in
participating in the pilot program
shall be paid from the
Medicaid payments the Center receives for
providing home and
community-based services under the program.
The Director of Mental Retardation and Developmental
Disabilities shall conduct an evaluation of the pilot program,
including an evaluation of the quality and effectiveness of the
home and community-based services the Gallipolis Developmental
Center provides under the pilot program. The Director shall submit
a report of the evaluation to the Governor and the General
Assembly not later than April 1, 2010. The Director shall include
in the report recommendations for or against permitting the
Gallipolis Developmental Center to continue to provide home and
community-based services under the Individual Options Medicaid
waiver program and permitting other developmental centers to begin
to provide these services.
Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT
SERVICES
Any county funds received by the Department from county
boards for active treatment shall be deposited in Fund 489, Mental
Retardation Operating.
Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS
(A) As used in this section, "intermediate care facility for
the mentally retarded" has the same meaning as in section 5111.20
of the Revised Code.
(B) If one or more new beds obtain certification as an
intermediate care facility for the mentally retarded bed on or
after July 1, 2007, the Director of Mental Retardation and
Developmental Disabilities shall transfer funds to the Department
of Job and Family Services to pay the nonfederal share of the cost
under the Medicaid Program for those beds. Except as otherwise
provided in section 5123.0416 of the Revised Code, the Director
shall use only the following funds for the transfer:
(1) Funds appropriated to the Department of Mental
Retardation and Developmental Disabilities in appropriation item
322-416, Medicaid Waiver - State Match;
(2) Funds appropriated to the Department in appropriation
item 322-501, County Boards Subsidies.
(C) If the beds are located in a county served by a county
board of mental retardation and developmental disabilities that
initiates or supports the beds' certification, the funds that the
Director transfers under division (B) of this section shall be
funds that the Director has allocated to the county board serving
the county in which the beds are located unless the amount of the
allocation is insufficient to pay the entire nonfederal share of
the cost under the Medicaid Program for those beds. If the
allocation is insufficient, the Director shall use as much of such
funds allocated to other counties as is needed to make up the
difference.
Section 339.10. MIH COMMISSION ON MINORITY HEALTH
GRF |
149-321 |
|
Operating Expenses |
|
$ |
550,211 |
|
$ |
561,216 |
GRF |
149-501 |
|
Minority Health Grants |
|
$ |
670,965 |
|
$ |
1,670,965 |
GRF |
149-502 |
|
Lupus Program |
|
$ |
136,126 |
|
$ |
136,126 |
TOTAL GRF General Revenue Fund |
|
$ |
1,357,302 |
|
$ |
2,368,307 |
Federal Special Revenue Fund Group
3J9 |
149-602 |
|
Federal Grants |
|
$ |
457,486 |
|
$ |
320,297 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
457,486 |
|
$ |
320,297 |
State Special Revenue Fund Group
4C2 |
149-601 |
|
Minority Health Conference |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,964,788 |
|
$ |
2,838,604 |
Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Service Fund Group
4K9 |
865-601 |
|
Operating Expenses |
|
$ |
334,995 |
|
$ |
334,995 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
334,995 |
|
$ |
334,995 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
334,995 |
|
$ |
334,995 |
CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND
(FUND 4K9)
Effective July 1, 2007, or as soon as possible thereafter,
the Director of Budget and Management may transfer the cash
balance in the Motor Vehicle Collision Repair Registration Fund
(Fund 5H9), created in division (A) of section 4775.08 of the
Revised Code, to the Occupational Licensing and Regulatory Fund
(Fund 4K9), created in section 4743.05 of the Revised Code. The
Director may cancel any existing encumbrances against
appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9,
and re-establish them against appropriation item 865-601,
Operating Expenses, in Fund 4K9. The amounts of the re-established
encumbrances are hereby appropriated. The Motor Vehicle Collision
Repair Registration Fund (Fund 5H9), created in division (A) of
section 4775.08 of the Revised Code, is hereby abolished.
Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725-401 |
|
Wildlife-GRF Central Support |
|
$ |
2,705,950 |
|
$ |
2,800,930 |
GRF |
725-404 |
|
Fountain Square Rental Payments - OBA |
|
$ |
1,094,900 |
|
$ |
1,081,200 |
GRF |
725-407 |
|
Conservation Reserve Enhancement Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
725-413 |
|
Lease Rental Payments |
|
$ |
19,589,400 |
|
$ |
18,316,200 |
GRF |
725-423 |
|
Stream and Ground Water Gauging |
|
$ |
311,910 |
|
$ |
311,910 |
GRF |
725-425 |
|
Wildlife License Reimbursement |
|
$ |
500,000 |
|
$ |
400,000 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
332,859 |
|
$ |
332,859 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
12,237,420 |
|
$ |
12,895,791 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
24,713,800 |
|
$ |
25,723,000 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
8,541,511 |
|
$ |
8,541,511 |
GRF |
728-321 |
|
Division of Geological Survey |
|
$ |
1,799,222 |
|
$ |
1,825,150 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
440,895 |
|
$ |
440,895 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
39,874,841 |
|
$ |
39,874,841 |
GRF |
733-321 |
|
Division of Water |
|
$ |
3,207,619 |
|
$ |
3,257,619 |
GRF |
736-321 |
|
Division of Engineering |
|
$ |
3,118,703 |
|
$ |
3,118,703 |
GRF |
737-321 |
|
Division of Soil and Water |
|
$ |
4,074,788 |
|
$ |
4,074,788 |
GRF |
738-321 |
|
Division of Real Estate and Land Management |
|
$ |
2,291,874 |
|
$ |
2,291,874 |
GRF |
741-321 |
|
Division of Natural Areas and Preserves |
|
$ |
3,220,000 |
|
$ |
3,050,000 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,068,167 |
|
$ |
3,068,167 |
TOTAL GRF General Revenue Fund |
|
$ |
132,123,859 |
|
$ |
132,405,438 |
General Services Fund Group
155 |
725-601 |
|
Departmental Projects |
|
$ |
2,259,402 |
|
$ |
2,260,021 |
157 |
725-651 |
|
Central Support Indirect |
|
$ |
6,228,950 |
|
$ |
6,528,675 |
204 |
725-687 |
|
Information Services |
|
$ |
4,676,627 |
|
$ |
4,676,627 |
207 |
725-690 |
|
Real Estate Services |
|
$ |
64,000 |
|
$ |
64,000 |
223 |
725-665 |
|
Law Enforcement Administration |
|
$ |
2,230,485 |
|
$ |
2,358,307 |
227 |
725-406 |
|
Parks Projects Personnel |
|
$ |
110,000 |
|
$ |
110,000 |
4D5 |
725-618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
4S9 |
725-622 |
|
NatureWorks Personnel |
|
$ |
525,000 |
|
$ |
525,000 |
4X8 |
725-662 |
|
Water Resources Council |
|
$ |
125,000 |
|
$ |
125,000 |
430 |
725-671 |
|
Canal Lands |
|
$ |
1,150,082 |
|
$ |
1,150,082 |
508 |
725-684 |
|
Natural Resources Publications |
|
$ |
148,527 |
|
$ |
148,280 |
510 |
725-631 |
|
Maintenance - State-owned Residences |
|
$ |
353,611 |
|
$ |
303,611 |
516 |
725-620 |
|
Water Management |
|
$ |
2,913,618 |
|
$ |
2,931,513 |
635 |
725-664 |
|
Fountain Square Facilities Management |
|
$ |
3,609,835 |
|
$ |
3,640,398 |
697 |
725-670 |
|
Submerged Lands |
|
$ |
751,342 |
|
$ |
772,011 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,196,479 |
|
$ |
25,643,525 |
Federal Special Revenue Fund Group
3B3 |
725-640 |
|
Federal Forest Pass-Thru |
|
$ |
225,000 |
|
$ |
225,000 |
3B4 |
725-641 |
|
Federal Flood Pass-Thru |
|
$ |
490,000 |
|
$ |
490,000 |
3B5 |
725-645 |
|
Federal Abandoned Mine Lands |
|
$ |
14,307,664 |
|
$ |
14,307,667 |
3B6 |
725-653 |
|
Federal Land and Water Conservation Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
3B7 |
725-654 |
|
Reclamation -
Regulatory |
|
$ |
2,107,291 |
|
$ |
2,107,292 |
3P0 |
725-630 |
|
Natural Areas and Preserves - Federal |
|
$ |
215,000 |
|
$ |
215,000 |
3P1 |
725-632 |
|
Geological Survey - Federal |
|
$ |
655,000 |
|
$ |
720,000 |
3P2 |
725-642 |
|
Oil and Gas-Federal |
|
$ |
226,961 |
|
$ |
234,509 |
3P3 |
725-650 |
|
Coastal Management - Federal |
|
$ |
2,643,323 |
|
$ |
1,691,237 |
3P4 |
725-660 |
|
Water - Federal |
|
$ |
316,304 |
|
$ |
316,734 |
3R5 |
725-673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
1,999,998 |
|
$ |
2,025,001 |
3Z5 |
725-657 |
|
REALM-Federal |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
332 |
725-669 |
|
Federal Mine Safety Grant |
|
$ |
258,102 |
|
$ |
258,102 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,294,643 |
|
$ |
26,440,542 |
State Special Revenue Fund Group
4J2 |
725-628 |
|
Injection Well Review |
|
$ |
67,578 |
|
$ |
68,933 |
4M7 |
725-631 |
|
Wildfire Suppression |
|
$ |
70,000 |
|
$ |
0 |
4M7 |
725-686 |
|
Wildfire Suppression |
|
$ |
100,000 |
|
$ |
100,000 |
4U6 |
725-668 |
|
Scenic Rivers Protection |
|
$ |
407,100 |
|
$ |
407,100 |
5BV |
725-683 |
|
Soil and Water Districts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
5B3 |
725-674 |
|
Mining Regulation |
|
$ |
28,850 |
|
$ |
28,850 |
5K1 |
725-626 |
|
Urban Forestry Grant |
|
$ |
10,000 |
|
$ |
12,000 |
5P2 |
725-634 |
|
Wildlife Boater Angler Administration |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
509 |
725-602 |
|
State Forest |
|
$ |
5,070,946 |
|
$ |
5,211,924 |
511 |
725-646 |
|
Ohio Geological Mapping |
|
$ |
815,179 |
|
$ |
724,310 |
512 |
725-605 |
|
State Parks Operations |
|
$ |
27,314,288 |
|
$ |
27,314,288 |
512 |
725-680 |
|
Parks Facilities Maintenance |
|
$ |
2,576,240 |
|
$ |
2,576,240 |
514 |
725-606 |
|
Lake Erie Shoreline |
|
$ |
917,113 |
|
$ |
757,113 |
518 |
725-643 |
|
Oil and Gas Permit Fees |
|
$ |
2,574,378 |
|
$ |
2,586,568 |
518 |
725-677 |
|
Oil and Gas Well Plugging |
|
$ |
800,000 |
|
$ |
800,000 |
521 |
725-627 |
|
Off-Road Vehicle Trails |
|
$ |
198,490 |
|
$ |
143,490 |
522 |
725-656 |
|
Natural Areas and Preserves |
|
$ |
1,550,670 |
|
$ |
1,550,670 |
526 |
725-610 |
|
Strip Mining Administration Fee |
|
$ |
1,932,491 |
|
$ |
1,903,871 |
527 |
725-637 |
|
Surface Mining Administration |
|
$ |
1,852,842 |
|
$ |
1,946,591 |
529 |
725-639 |
|
Unreclaimed Land Fund |
|
$ |
2,892,516 |
|
$ |
2,024,257 |
531 |
725-648 |
|
Reclamation Forfeiture |
|
$ |
2,062,234 |
|
$ |
2,062,237 |
532 |
725-644 |
|
Litter Control and Recycling |
|
$ |
6,280,681 |
|
$ |
6,280,681 |
586 |
725-633 |
|
Scrap Tire Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
615 |
725-661 |
|
Dam Safety |
|
$ |
548,223 |
|
$ |
595,416 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
64,419,819 |
|
$ |
63,444,539 |
Clean Ohio Conservation Fund Group
061 |
725-405 |
|
Clean Ohio Operating |
|
$ |
155,000 |
|
$ |
155,000 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
155,000 |
|
$ |
155,000 |
015 |
740-401 |
|
Division of Wildlife Conservation |
|
$ |
53,706,000 |
|
$ |
54,906,000 |
815 |
725-636 |
|
Cooperative Management Projects |
|
$ |
120,449 |
|
$ |
120,449 |
816 |
725-649 |
|
Wetlands Habitat |
|
$ |
966,885 |
|
$ |
966,885 |
817 |
725-655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
818 |
725-629 |
|
Cooperative Fisheries Research |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
819 |
725-685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
TOTAL WLF Wildlife Fund Group |
|
$ |
61,421,918 |
|
$ |
62,621,918 |
Waterways Safety Fund Group
086 |
725-414 |
|
Waterways Improvement |
|
$ |
3,925,075 |
|
$ |
4,062,452 |
086 |
725-418 |
|
Buoy Placement |
|
$ |
52,182 |
|
$ |
52,182 |
086 |
725-501 |
|
Waterway Safety Grants |
|
$ |
137,867 |
|
$ |
137,867 |
086 |
725-506 |
|
Watercraft Marine Patrol |
|
$ |
576,153 |
|
$ |
576,153 |
086 |
725-513 |
|
Watercraft Educational Grants |
|
$ |
366,643 |
|
$ |
366,643 |
086 |
739-401 |
|
Division of Watercraft |
|
$ |
19,626,681 |
|
$ |
20,166,681 |
5AW |
725-682 |
|
Watercraft Revolving Loans |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
25,684,601 |
|
$ |
26,361,978 |
Holding Account Redistribution Fund Group
R17 |
725-659 |
|
Performance Cash Bond Refunds |
|
$ |
279,263 |
|
$ |
279,263 |
R43 |
725-624 |
|
Forestry |
|
$ |
1,950,188 |
|
$ |
2,007,977 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,229,451 |
|
$ |
2,287,240 |
Accrued Leave Liability Fund Group
4M8 |
725-675 |
|
FOP Contract |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALF Accrued Leave |
|
|
|
|
|
|
Liability Fund Group |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
338,546,614 |
|
$ |
339,381,024 |
Section 343.20. CENTRAL SUPPORT INDIRECT
With the exception of the Division of Wildlife, whose direct
and indirect central support charges shall be paid out of the
General Revenue Fund from the foregoing appropriation item
725-401, Wildlife-GRF Central Support, the Department of Natural
Resources, with approval of the Director of Budget and Management,
shall utilize a methodology for determining each division's
payments into the Central Support Indirect Fund (Fund 157). The
methodology used shall contain the characteristics of
administrative ease and uniform application in compliance with
federal grant requirements. It may include direct cost charges for
specific services provided. Payments to the Central Support
Indirect Fund (Fund 157) shall be made using an intrastate
transfer voucher.
Section 343.30. FOUNTAIN SQUARE
The foregoing appropriation item 725-404, Fountain Square
Rental Payments - OBA, shall be used by the Department of Natural
Resources to meet all payments required to be made to the Ohio
Building Authority during the period from July 1, 2007, to June
30, 2009, pursuant to leases and agreements with the Ohio Building
Authority under section 152.42 of the Revised Code. These
appropriations are the source of funds pledged for bond service
charges on obligations issued pursuant to Chapter 152. of the
Revised Code.
The Director of Natural Resources, using intrastate transfer
vouchers, shall make payments to the General Revenue Fund from
funds other than the General Revenue Fund to reimburse the General
Revenue Fund for the other funds' shares of the lease rental
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the
payment to the Ohio Building Authority for the actual amounts
necessary to fulfill the leases and agreements pursuant to section
152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square
Facilities Management (Fund 635), shall be used for payment of
repairs, renovation, utilities, property management, and building
maintenance expenses for the Fountain Square Complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited into the Fountain Square
Facilities Management Fund (Fund 635).
The foregoing appropriation item 725-413, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code. These appropriations are the source of funds pledged for
bond service charges or obligations issued pursuant to Chapter
154. of the Revised Code.
NATURAL RESOURCES GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 725-903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period July 1,
2007, to June 30, 2009, on obligations issued under sections
151.01 and 151.05 of the Revised Code.
Section 343.33. SPECIAL NEEDS PARK AND PLAY AREA
Of the foregoing GRF appropriation item 741-321, Division of
Natural Areas and Preserves, $170,000 in fiscal year 2008 shall be
used by the City of Stow for the construction of a special needs
play area and park facility.
Section 343.40. WILDLIFE LICENSE REIMBURSEMENT
Notwithstanding the limits of the transfer from the General
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15
of the Revised Code, up to the amount available in appropriation
item 725-425, Wildlife License Reimbursement, may be transferred
from the General Revenue Fund to the Wildlife Fund (Fund 015).
Pursuant to the certification of the Director of Budget and
Management of the amount of foregone revenue in accordance with
section 1533.15 of the Revised Code, the foregoing appropriation
item in the General Revenue Fund, appropriation item 725-425,
Wildlife License Reimbursement, shall be used to reimburse the
Wildlife Fund (Fund 015) for the cost of hunting and fishing
licenses and permits issued after June 30, 1990, to individuals
who are exempted under the Revised Code from license, permit, and
stamp fees.
The foregoing appropriation item 725-456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 430) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may pay to any soil and water
conservation district, from authority in appropriation item
725-502, Soil and Water Districts, an annual amount not to exceed
$30,000, upon receipt of a request and justification from the
district and approval by the Ohio Soil and Water Conservation
Commission. The county auditor shall credit the payments to the
special fund established under section 1515.10 of the Revised Code
for the local soil and water conservation district. Moneys
received by each district shall be expended for the purposes of
the district. The foregoing appropriation item 725-683, Soil and
Water Districts, shall be expended for the purposes described
above, except that the funding source for this appropriation shall
be a fee applied on the disposal of construction and demolition
debris as provided in section 1515.14 of the Revised Code, as
amended by this act.
Of the foregoing appropriation item 725-683, Soil and Water
Districts, $220,000 in each fiscal year shall be used to support
the Heidelberg College Water Quality Laboratory.
Of the foregoing appropriation item 725-683, Soil and Water
Districts, $125,000 in each fiscal year shall be used for the
Indian Lake Watershed in Logan County.
Of the foregoing appropriation item 725-683, Soil and Water
Districts, $100,000 in each fiscal year shall be used as state
matching dollars for soil and water quality improvements utilizing
best management practices in the Grand Lake St. Marys watershed.
Of the foregoing appropriation item 725-502, Soil and Water
Districts, $50,000 in each fiscal year shall be used for the
Conservation Action Project.
STATE PARK DEPRECIATION RESERVE
The foregoing appropriation item 725-680, Parks Facilities
Maintenance, shall be used by the Division of Parks and Recreation
to maintain state park revenue-producing facilities in the best
economic operating condition and to repair and replace equipment
used in the operation of state park revenue producing facilities.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725-677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. Appropriation authority from
this appropriation item shall not be transferred to any other fund
or line
item.
LITTER CONTROL AND RECYCLING
Of the foregoing appropriation item, 725-644, Litter Control
and Recycling, not more than $1,500,000 may be used in each fiscal
year for the administration of the Recycling and Litter Prevention
program.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725-405, Clean Ohio
Operating, shall be used by the Department of Natural Resources in
administering section 1519.05 of the Revised Code.
Of the foregoing appropriation item 725-414, Waterways
Improvement, $50,000 in each fiscal year shall be used for
dredging operations at Fairport Harbor.
Of the foregoing appropriation item 739-401, Division of
Watercraft, not more than $200,000 in each fiscal year shall be
expended for the purchase of equipment for marine patrols
qualifying for funding from the Department of Natural Resources
pursuant to section 1547.67 of the Revised Code. Proposals for
equipment shall accompany the submission of documentation for
receipt of a marine patrol subsidy pursuant to section 1547.67 of
the Revised Code and shall be loaned to eligible marine patrols
pursuant to a cooperative agreement between the Department of
Natural Resources and the eligible marine patrol.
WATERCRAFT REVOLVING LOAN PROGRAM
Upon certification by the Director of Natural Resources, the
Director of Budget and Management shall transfer an amount not to
exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000
in fiscal year 2009 so certified from the Waterways Safety Fund
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The
moneys shall be used pursuant to sections 1547.721 to 1547.726 of
the Revised Code.
PARKS CAPITAL EXPENSES FUND
The Director of Natural Resources shall submit to the
Director of Budget and Management the estimated design,
engineering, and planning costs of capital-related work to be done
by Department of Natural Resources staff for parks projects. If
the Director of Budget and Management approves the estimated
costs, the Director may release appropriations from appropriation
item 725-406, Parks Projects Personnel, for those purposes. Upon
release of the appropriations, the Department of Natural Resources
shall pay for these expenses from the Parks Capital Expenses Fund
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the
Parks and Recreation Improvement Fund (Fund 035) using an
intrastate transfer voucher.
The Department of Natural Resources shall periodically
prepare and submit to the Director of Budget and Management the
estimated design, planning, and engineering costs of
capital-related work to be done by the Department of Natural
Resources for each project. Based on the estimates, the Director
of Budget and Management may release appropriations from
appropriation item CAP-753, Project Planning, within the Ohio
Parks and Natural Resources Fund (Fund 031) to pay for design,
planning, and engineering costs incurred by the Department of
Natural Resources for the projects. Upon release of the
appropriations by the Director of Budget and Management, the
Department of Natural Resources shall pay for these expenses from
the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by
the Ohio Parks and Natural Resources Fund (Fund 031) using an
intrastate voucher.
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
as certified by the Director of Natural Resources from the Federal
Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The
Director shall cancel any remaining outstanding encumbrances
against appropriation item 725-603, Forestry-Federal, and
re-establish them against appropriation item 725-602, State
Forest. The amounts of any encumbrances canceled and
re-established are hereby appropriated.
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
as certified by the Director of Natural Resources from the REALM
Support Services Fund (Fund 206) to the Fountain Square Facilities
Management Fund (Fund 635). The Director shall cancel any
remaining outstanding encumbrances against appropriation item
725-689, REALM Support Services, and re-establish them against
appropriation item 725-664, Fountain Square Facilities Management.
The amounts of any encumbrances canceled and re-established are
hereby appropriated.
All proceeds from insurance companies and any other sources
for the replacement and construction of the Lake Hope Lodge and
its appurtenances shall be deposited into the State Park Operating
Fund (Fund 512).
Section 345.10. NUR STATE BOARD OF NURSING
General Services Fund Group
4K9 |
884-609 |
|
Operating Expenses |
|
$ |
5,661,280 |
|
$ |
5,661,280 |
5P8 |
884-601 |
|
Nursing Special Issues |
|
$ |
5,000 |
|
$ |
5,000 |
5AC |
884-602 |
|
Nurse Education Grant Program |
|
$ |
1,450,000 |
|
$ |
1,450,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
The foregoing appropriation item 884-601, Nursing Special
Issues (Fund 5P8), shall be used to pay the costs the Board of
Nursing incurs in implementing section 4723.062 of the Revised
Code.
Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,
AND ATHLETIC TRAINERS BOARD
General Services Fund Group
4K9 |
890-609 |
|
Operating Expenses |
|
$ |
892,241 |
|
$ |
963,984 |
TOTAL GSF General Services Fund Group |
|
$ |
892,241 |
|
$ |
963,984 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
892,241 |
|
$ |
963,984 |
Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355-501 |
|
Library Subsidy |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GRF General Revenue Fund |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
200,000 |
|
$ |
200,000 |
Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
333,656 |
|
$ |
345,324 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
333,656 |
|
$ |
345,324 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
333,656 |
|
$ |
345,324 |
Section 353.10. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
344,571 |
|
$ |
351,071 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
344,571 |
|
$ |
351,071 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
344,571 |
|
$ |
351,071 |
Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,
AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
111,300 |
|
$ |
116,260 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
111,300 |
|
$ |
116,260 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
111,300 |
|
$ |
116,260 |
Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW
GRF |
124-321 |
|
Operating |
|
$ |
1,148,181 |
|
$ |
1,201,643 |
TOTAL GRF General Revenue Fund |
|
$ |
1,148,181 |
|
$ |
1,201,643 |
General Services Fund Group
636 |
124-601 |
|
Records and Reporting Support |
|
$ |
15,000 |
|
$ |
15,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000 |
|
$ |
15,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,163,181 |
|
$ |
1,216,643 |
Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK
691 |
810-632 |
|
PUSTRCB Staff |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
TOTAL AGY Agency Fund Group |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
Section 361.10. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A5 |
887-605 |
|
Drug Law Enforcement |
|
$ |
75,550 |
|
$ |
75,550 |
4K9 |
887-609 |
|
Operating Expenses |
|
$ |
4,874,572 |
|
$ |
5,251,032 |
TOTAL GSF General Services Fund Group |
|
$ |
4,950,122 |
|
$ |
5,326,582 |
Federal Special Revenue Fund Group
3BC |
887-604 |
|
Dangerous Drugs Database |
|
$ |
558,531 |
|
$ |
491,405 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
558,531 |
|
$ |
491,405 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,508,653 |
|
$ |
5,817,987 |
Section 363.10. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
586,565 |
|
$ |
586,565 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
586,565 |
|
$ |
586,565 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
586,565 |
|
$ |
586,565 |
Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION
GRF |
019-321 |
|
Public Defender Administration |
|
$ |
1,287,404 |
|
$ |
1,315,150 |
GRF |
019-401 |
|
State Legal Defense Services |
|
$ |
5,914,023 |
|
$ |
6,120,592 |
GRF |
019-403 |
|
Multi-County: State Share |
|
$ |
766,402 |
|
$ |
762,727 |
GRF |
019-404 |
|
Trumbull County - State Share |
|
$ |
244,816 |
|
$ |
243,650 |
GRF |
019-405 |
|
Training
Account |
|
$ |
31,324 |
|
$ |
31,324 |
GRF |
019-501 |
|
County Reimbursement |
|
$ |
29,834,251 |
|
$ |
29,572,857 |
TOTAL GRF General Revenue Fund |
|
$ |
38,078,220 |
|
$ |
38,046,300 |
General Services Fund Group
101 |
019-602 |
|
Inmate Legal Assistance |
|
$ |
33,338 |
|
$ |
34,638 |
407 |
019-604 |
|
County Representation |
|
$ |
219,800 |
|
$ |
227,500 |
408 |
019-605 |
|
Client Payments |
|
$ |
611,537 |
|
$ |
476,760 |
5CX |
019-617 |
|
Civil Case Filing Fee |
|
$ |
409,237 |
|
$ |
598,400 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,273,912 |
|
$ |
1,337,298 |
Federal Special Revenue Fund Group
3S8 |
019-608 |
|
Federal Representation |
|
$ |
350,948 |
|
$ |
364,917 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
350,948 |
|
$ |
364,917 |
State Special Revenue Fund Group
4C7 |
019-601 |
|
Multi-County: County Share |
|
$ |
2,181,300 |
|
$ |
2,288,200 |
4X7 |
019-610 |
|
Trumbull County - County Share |
|
$ |
696,800 |
|
$ |
731,000 |
574 |
019-606 |
|
Civil Legal Aid |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,878,100 |
|
$ |
43,019,200 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
82,581,180 |
|
$ |
82,767,715 |
The foregoing appropriation items 019-404, Trumbull County -
State Share, and
019-610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019-403, Multi-County:
State Share, and 019-601, Multi-County: County Share, shall be
used to support the Office of the Ohio Public Defender's
Multi-County Branch Office Program.
The foregoing appropriation item 019-405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost and for
state
and county public
defenders and attorneys who contract with
the
Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019-608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation in federal court cases and to support
representation in such cases.
Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
4,164,697 |
|
$ |
4,164,697 |
GRF |
768-424 |
|
Operating Expenses - CJS |
|
$ |
814,478 |
|
$ |
814,478 |
GRF |
769-321 |
|
Food Stamp Trafficking Enforcement Operations |
|
$ |
752,000 |
|
$ |
752,000 |
TOTAL GRF General Revenue Fund |
|
$ |
5,731,175 |
|
$ |
5,731,175 |
General Services Fund Group
5ET |
768-625 |
|
Drug Law Enforcement |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL GSF General Services Fund Group |
|
$ |
800,000 |
|
$ |
800,000 |
State Special Revenue Fund Group
5CC |
768-607 |
|
Public Safety Services |
|
$ |
125,000 |
|
$ |
125,000 |
5EX |
768-690 |
|
Disaster Preparedness |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
475,000 |
|
$ |
475,000 |
Tobacco Master Settlement Agreement Fund Group
L87 |
767-406 |
|
Under-Age Tobacco Use Enforcement |
|
$ |
0 |
|
$ |
375,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
0 |
|
$ |
375,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,006,175 |
|
$ |
7,381,175 |
OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT
Of the foregoing appropriation item 763-403, Operating
Expenses -
EMA,
$200,000 in each fiscal year shall be used to fund
the Ohio Task Force One -
Urban Search and Rescue Unit and other
urban search and rescue programs around the state to create a
stronger search and rescue capability statewide.
STATE FIRE MARSHAL FUND CASH TRANSFERS
Notwithstanding section 3737.71 of the Revised Code, on July
1, 2007, or as soon as possible thereafter, the Director of Budget
and Management shall transfer $125,000 in cash from the State Fire
Marshal Fund (Fund 546) in the Department of Commerce to the
Public Safety Services Fund (Fund 5CC) in the Department of Public
Safety.
Notwithstanding section 3737.71 of the Revised Code, on July
1, 2008, or as soon as possible thereafter, the Director of Budget
and Management shall transfer $125,000 in cash from the State Fire
Marshal Fund (Fund 546) in the Department of Commerce to the
Public Safety Services Fund (Fund 5CC) in the Department of Public
Safety.
SOUTHERN OHIO DRUG TASK FORCE
The foregoing appropriation item 768-607, Public Safety
Services, shall be distributed by the Division of Criminal Justice
Services in the Department of Public Safety directly to the
Southern Ohio Drug Task Force.
EMA DISASTER PREPAREDNESS AND RESPONSE GRANT
Of the foregoing appropriation item 768-690, Disaster
Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal
year 2009 shall be used for a grant to the American Red Cross
Greater Columbus Chapter for implementation of programs to assist
in disaster preparedness and response throughout Ohio. The
American Red Cross Greater Columbus Chapter shall develop a
funding plan that includes programmatic, infrastructure, and
administrative costs. Moneys shall be released to the American Red
Cross Greater Columbus Chapter not more than 45 days after
submission of the plan to the Ohio Emergency Management Agency. Of
the foregoing appropriation item 768-690, Disaster Preparedness,
$75,000 in fiscal year 2008 shall be used for the Fire and
Emergency Services Regionalization Project of Berea and Olmstead
Falls.
CASH TRANSFER TO THE DRUG LAW ENFORCEMENT FUND
Notwithstanding any other provision of law to the contrary,
on the first of July in each of 2007 and 2008, or as soon as
practicable thereafter in each of those years, the Director of
Budget and Management shall transfer $800,000 in cash from the
Charitable Foundations Fund (Fund 418) to the Drug Law Enforcement
Fund (Fund 5ET).
The foregoing appropriation item 768-625, Drug Law
Enforcement, shall be used by the Division of Criminal Justice
Services of the Department of Public Safety for the purpose of
awarding grants to local law enforcement agencies and local law
enforcement task forces with regard to the enforcement of state
drug laws and other state laws related to illegal drug activity.
Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F6 |
870-622 |
|
Utility and Railroad Regulation |
|
$ |
32,820,027 |
|
$ |
33,804,627 |
5F6 |
870-624 |
|
NARUC/NRRI Subsidy |
|
$ |
158,000 |
|
$ |
158,000 |
5F6 |
870-625 |
|
Motor Transportation Regulation |
|
$ |
4,635,413 |
|
$ |
4,772,765 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
37,613,440 |
|
$ |
38,735,392 |
Federal Special Revenue Fund Group
3V3 |
870-604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
300,000 |
|
$ |
300,000 |
333 |
870-601 |
|
Gas Pipeline Safety |
|
$ |
597,957 |
|
$ |
597,959 |
350 |
870-608 |
|
Motor Carrier Safety |
|
$ |
7,137,534 |
|
$ |
7,351,660 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
8,035,491 |
|
$ |
8,249,619 |
State Special Revenue Fund Group
4A3 |
870-614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,349,757 |
|
$ |
1,349,757 |
4L8 |
870-617 |
|
Pipeline Safety-State |
|
$ |
187,621 |
|
$ |
187,621 |
4S6 |
870-618 |
|
Hazardous Material Registration |
|
$ |
464,325 |
|
$ |
464,325 |
4S6 |
870-621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
4U8 |
870-620 |
|
Civil Forfeitures |
|
$ |
284,986 |
|
$ |
284,986 |
5BP |
870-623 |
|
Wireless 9-1-1 Administration |
|
$ |
26,875,000 |
|
$ |
13,375,000 |
559 |
870-605 |
|
Public Utilities Territorial
Administration |
|
$ |
4,000 |
|
$ |
4,000 |
560 |
870-607 |
|
Public Utilities Investigations |
|
$ |
100,000 |
|
$ |
100,000 |
561 |
870-606 |
|
Power Siting Board |
|
$ |
404,651 |
|
$ |
404,652 |
638 |
870-611 |
|
Biomass Energy Program |
|
$ |
40,000 |
|
$ |
40,000 |
661 |
870-612 |
|
Hazardous Materials Transportation |
|
$ |
900,000 |
|
$ |
900,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
30,983,686 |
|
$ |
17,483,687 |
4G4 |
870-616 |
|
Base State Registration Program |
|
$ |
2,000,000 |
|
$ |
0 |
TOTAL AGY Agency Fund Group |
|
$ |
2,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
78,632,617 |
|
$ |
64,468,698 |
COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT
The fund created by section 4923.26 of the Revised Code is
the same fund, with a new name, as the Commercial Vehicle
Information Systems and Networks Fund (Fund 3V3).
ENHANCED AND WIRELESS ENHANCED 9-1-1
The foregoing appropriation item 870-623, Wireless 9-1-1
Administration, shall be used pursuant to section 4931.63 of the
Revised Code.
TELECOMMUNICATIONS RELAY SERVICE FUNDING
The Telecommunications Relay Service Fund is hereby created
in the state treasury. The vendor selected to provide
telecommunications relay service in Ohio, as required by 47 C.F.R.
64.601, shall submit an invoice to the Public Utilities Commission
by January 31, 2009, for costs it has incurred in providing the
service during calendar year 2008. The Public Utilities Commission
shall notify the Director of Budget and Management of the amount
invoiced, and the Director of Budget and Management shall transfer
that amount from the Public Utilities Fund (Fund 5F6) to the
Telecommunications Relay Service Fund on or before February 28,
2009. The amount transferred shall be used to pay the
telecommunications relay service vendor the amount invoiced. This
amount is hereby appropriated.
Section 371.10. PWC PUBLIC WORKS COMMISSION
GRF |
150-904 |
|
Conservation General Obligation Debt Service |
|
$ |
14,847,200 |
|
$ |
19,779,200 |
GRF |
150-907 |
|
State Capital Improvements
|
|
$ |
177,513,600 |
|
$ |
188,696,300 |
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
192,360,800 |
|
$ |
208,475,500 |
Clean Ohio Conservation Fund Group
056 |
150-403 |
|
Clean Ohio Operating Expenses |
|
$ |
301,537 |
|
$ |
311,509 |
TOTAL 056 Clean Ohio Conservation Fund Group |
|
$ |
301,537 |
|
$ |
311,509 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
192,662,337 |
|
$ |
208,787,009 |
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-904, Conservation
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period from July 1,
2007, through June 30, 2009, at the times they are required to be
made for obligations issued under sections 151.01 and 151.09 of
the Revised Code.
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2007, to June 30, 2009, at the times they are
required to be made for obligations issued under sections 151.01
and 151.08 of the Revised Code.
REIMBURSEMENT TO THE GENERAL REVENUE FUND
(A) On or before July 15, 2009, the Director of the Public
Works Commission shall certify to the Director of Budget and
Management the following:
(1) The total amount disbursed from appropriation item
700-409, Farmland Preservation, during the fiscal year 2008-2009
biennium; and
(2) The amount of interest earnings that have been credited
to the Clean Ohio Conservation Fund (Fund 056) that are in excess
of the amount needed for other purposes as calculated by the
Director of the Public Works Commission.
(B) If the Director of Budget and Management determines under
division (A)(2) of this section that there are excess interest
earnings, the Director of Budget and Management shall, on or
before July 15, 2009, transfer the excess interest earnings to the
General Revenue Fund in an amount equal to the total amount
disbursed under division (A)(1) of this section from the Clean
Ohio Conservation Fund.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 150-403, Clean Ohio
Operating Expenses, shall be used by the Ohio Public Works
Commission in administering sections 164.20 to 164.27 of the
Revised Code.
Section 373.10. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
5C4 |
875-607 |
|
Simulcast Horse Racing Purse |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
562 |
875-601 |
|
Thoroughbred Race Fund |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
563 |
875-602 |
|
Standardbred Development Fund |
|
$ |
2,600,000 |
|
$ |
2,600,000 |
564 |
875-603 |
|
Quarterhorse Development Fund |
|
$ |
1,000 |
|
$ |
1,000 |
565 |
875-604 |
|
Racing Commission Operating |
|
$ |
4,487,599 |
|
$ |
4,487,599 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,188,599 |
|
$ |
26,188,599 |
Holding Account Redistribution Fund Group
R21 |
875-605 |
|
Bond Reimbursements |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
26,401,499 |
|
$ |
26,401,499 |
Section 375.10. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
3,141,351 |
|
$ |
3,141,351 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
203,177,900 |
|
$ |
136,017,500 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
300,000 |
|
$ |
300,000 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
GRF |
235-409 |
|
Information System |
|
$ |
1,175,172 |
|
$ |
1,175,172 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,707,881 |
|
$ |
1,707,881 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,119,496 |
|
$ |
3,119,496 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
66,585,769 |
|
$ |
66,585,769 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
53,653,973 |
|
$ |
53,653,973 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,176,068 |
|
$ |
1,176,068 |
GRF |
235-433 |
|
Economic Growth Challenge |
|
$ |
17,186,194 |
|
$ |
17,186,194 |
GRF |
235-434 |
|
College Readiness and Access |
|
$ |
12,655,425 |
|
$ |
12,655,425 |
GRF |
235-435 |
|
Teacher Improvement Initiatives |
|
$ |
4,797,506 |
|
$ |
11,297,506 |
GRF |
235-436 |
|
AccelerateOhio |
|
$ |
1,250,000 |
|
$ |
2,500,000 |
GRF |
235-438 |
|
Choose Ohio First Scholarship |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
GRF |
235-439 |
|
Ohio Research Scholars |
|
$ |
30,000,000 |
|
$ |
0 |
GRF |
235-451 |
|
Eminent Scholars |
|
$ |
0 |
|
$ |
1,000,000 |
GRF |
235-455 |
|
EnterpriseOhio Network |
|
$ |
1,373,941 |
|
$ |
1,373,941 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
1,571,756 |
|
$ |
1,571,756 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,678,877,952 |
|
$ |
1,842,965,747 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
795,790 |
|
$ |
795,790 |
GRF |
235-503 |
|
Ohio Instructional
Grants |
|
$ |
42,533,966 |
|
$ |
18,315,568 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,812,321 |
|
$ |
4,812,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
7,387,824 |
|
$ |
7,387,824 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
2,050,345 |
|
$ |
2,050,345 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,271,195 |
|
$ |
4,271,195 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
26,273,260 |
|
$ |
26,273,260 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
669,082 |
|
$ |
669,082 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,756,414 |
|
$ |
12,109,106 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,011,271 |
|
$ |
3,011,271 |
GRF |
235-518 |
|
Capitol Scholarship Program |
|
$ |
125,000 |
|
$ |
125,000 |
GRF |
235-519 |
|
Family Practice |
|
$ |
4,548,470 |
|
$ |
4,548,470 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
2,502,323 |
|
$ |
2,577,393 |
GRF |
235-521 |
|
The Ohio State University John Glenn School of Public Affairs |
|
$ |
619,082 |
|
$ |
619,082 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
171,959 |
|
$ |
171,959 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
750,110 |
|
$ |
750,110 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,245,688 |
|
$ |
2,245,688 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
1,764,957 |
|
$ |
1,764,957 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
7,800,000 |
|
$ |
7,800,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
38,485,376 |
|
$ |
38,485,376 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
37,174,292 |
|
$ |
37,174,292 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
13,565,885 |
|
$ |
13,565,885 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
11,157,756 |
|
$ |
11,157,756 |
GRF |
235-538 |
|
University of Toledo Clinical Teaching |
|
$ |
8,696,866 |
|
$ |
8,696,866 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,225,107 |
|
$ |
4,225,107 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,084,540 |
|
$ |
4,084,540 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
4,200,945 |
|
$ |
4,200,945 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinic Subsidy |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
235-547 |
|
School of International Business |
|
$ |
450,000 |
|
$ |
650,000 |
GRF |
235-552 |
|
Capital Component |
|
$ |
19,306,442 |
|
$ |
19,306,442 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,931,599 |
|
$ |
2,931,599 |
GRF |
235-554 |
|
Priorities in Collaborative Graduate Education |
|
$ |
2,355,548 |
|
$ |
2,355,548 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,696,458 |
|
$ |
1,696,458 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,727,223 |
|
$ |
3,727,223 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
461,047 |
|
$ |
461,047 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
100,015 |
|
$ |
100,015 |
GRF |
235-563 |
|
Ohio College Opportunity Grant |
|
$ |
139,974,954 |
|
$ |
151,113,781 |
GRF |
235-567 |
|
Central State University Speed to Scale |
|
$ |
4,400,000 |
|
$ |
3,800,000 |
GRF |
235-571 |
|
James A. Rhodes Scholarship |
|
$ |
10,000,000 |
|
$ |
0 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,277,019 |
|
$ |
1,277,019 |
GRF |
235-573 |
|
Ohio Humanities Council |
|
$ |
25,000 |
|
$ |
25,000 |
GRF |
235-583 |
|
Urban University Program |
|
$ |
5,825,937 |
|
$ |
5,825,937 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,159,889 |
|
$ |
1,159,889 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
360,435 |
|
$ |
360,435 |
GRF |
235-599 |
|
National Guard
Scholarship Program |
|
$ |
16,611,063 |
|
$ |
16,611,063 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
172,722,400 |
|
$ |
208,747,200 |
TOTAL GRF General Revenue Fund |
|
$ |
2,773,258,537 |
|
$ |
2,861,908,923 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
800,000 |
|
$ |
800,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
700,000 |
|
$ |
700,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
Federal Special Revenue Fund Group
3BG |
235-626 |
|
Star Schools |
|
$ |
2,980,865 |
|
$ |
2,990,746 |
3H2 |
235-608 |
|
Human Services Project |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
3H2 |
235-622 |
|
Medical Collaboration Network |
|
$ |
3,346,144 |
|
$ |
3,346,144 |
3N6 |
235-605 |
|
State Student Incentive Grants |
|
$ |
2,196,680 |
|
$ |
2,196,680 |
3T0 |
235-610 |
|
National Health Service Corps -
Ohio Loan Repayment |
|
$ |
250,000 |
|
$ |
250,000 |
312 |
235-609 |
|
Tech Prep |
|
$ |
183,850 |
|
$ |
183,850 |
312 |
235-611 |
|
Gear-up Grant |
|
$ |
3,300,000 |
|
$ |
3,300,000 |
312 |
235-612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
112,960 |
|
$ |
112,960 |
312 |
235-617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
312 |
235-621 |
|
Science Education Network |
|
$ |
1,686,970 |
|
$ |
1,686,970 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,257,469 |
|
$ |
20,267,350 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
Higher Educational Facility Commission Administration |
|
$ |
50,000 |
|
$ |
45,000 |
4P4 |
235-604 |
|
Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
649 |
235-607 |
|
The Ohio State University
Highway/Transportation Research |
|
$ |
760,000 |
|
$ |
760,000 |
682 |
235-606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
5DT |
235-627 |
|
American Diploma Project |
|
$ |
250,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,429,870 |
|
$ |
2,174,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,797,445,876 |
|
$ |
2,885,851,143 |
Section 375.10.10. OPERATING EXPENSES
Of the foregoing appropriation item 235-321, Operating
Expenses, up to $150,000 in each fiscal year shall be used in
conjunction with funding provided in the Department of Education
budget under appropriation item 200-427, Academic Standards, to
fund the operations of Ohio's Partnership for Continued Learning.
The Partnership shall advise and make recommendations to promote
collaboration among relevant state entities in an effort to help
local communities develop coherent and successful "P-16" learning
systems. Upon requesting and receiving approval from the
Controlling Board, the Director of Budget and Management may
transfer any unencumbered fiscal year 2008 balance to fiscal year
2009 to support the activities of the Partnership.
Section 375.10.20. LEASE RENTAL PAYMENTS
The foregoing appropriation item 235-401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Board of Regents under leases and
agreements made
under section 154.21 of the Revised Code. These appropriations are
the source of funds pledged for bond service charges or
obligations issued pursuant to Chapter 154. of the Revised Code.
Section 375.10.30. SEA GRANTS
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
the Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
Section 375.10.40. ARTICULATION AND TRANSFER
The foregoing appropriation item 235-406, Articulation and
Transfer, shall be used by the Board of Regents to maintain and
expand the work of the Articulation and Transfer Council to
develop a system of transfer policies to ensure that students at
state institutions of higher education can transfer and have
coursework apply to their majors and degrees at any other state
institution of higher education without unnecessary duplication or
institutional barriers under sections 3333.16, 3333.161, and
3333.162 of the Revised Code. The Board of Regents shall, in
consultation with the Governor and the Department of Education,
convene a work group to establish coursework for content knowledge
and teacher competencies for early care and education degrees to
support articulation and transfer of coursework, certifications,
and credit earned across state-supported institutions of higher
education.
Of the foregoing appropriation item 235-406, Articulation and
Transfer, $200,000 in each fiscal year shall be used to support
the work of the Articulation and Transfer Council under division
(B) of section 3333.162 of the Revised Code.
Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
under section 3333.40 of the Revised Code.
Section 375.10.60. INFORMATION SYSTEM
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
Section 375.10.70. STATE GRANTS AND SCHOLARSHIP
ADMINISTRATION
The foregoing appropriation item 235-414, State Grants and
Scholarship Administration, shall be used by the Board of Regents
to administer the following student financial aid programs: Ohio
Instructional Grants, Ohio College Opportunity Grant, Ohio Student
Choice Grant, Ohio Academic Scholarship, Ohio War Orphans'
Scholarship, Nurse Education Assistance Loan Program, Regents
Graduate/Professional Fellowship, Ohio Safety Officers College
Memorial Fund, Capitol Scholarship Program, and any other student
financial aid programs created by the General Assembly. The
appropriation item also shall be used to administer the federal
Leveraging Educational Assistance Partnership (LEAP) and Special
Leveraging Educational Assistance Partnership (SLEAP) programs and
other student financial aid programs created by Congress and to
provide fiscal services for the Ohio National Guard Scholarship
Program, the Physician Loan Repayment Program, and the Dentist
Loan Repayment Program.
Section 375.10.80. JOBS CHALLENGE
Funds appropriated to the foregoing appropriation item
235-415, Jobs
Challenge, shall be distributed to state-assisted
community and
technical colleges, regional campuses of
state-assisted
universities, and other organizationally distinct
and identifiable
member campuses of the EnterpriseOhio Network in
support of
noncredit job-related training. In each fiscal year,
$2,770,773 shall be distributed as
performance grants to
EnterpriseOhio Network campuses based upon
each campus's
documented performance according to criteria
established by the
Board of Regents for assessment, training, and
related services to
businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$2,819,345 in each fiscal year shall be allocated to the Targeted
Industries Training Grant
Program to attract, develop, and retain
business and industry
strategically important to the state's
economy and regional priorities.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$3,758,182 in each fiscal year shall be allocated to the Higher
Skills
Incentives Program to promote and deliver coordinated
assessment and comprehensive training to local employers and to
reward EnterpriseOhio Network campuses for
the amount of
non-credit skill upgrading services
provided to Ohio employers and
employees. The funds shall be
distributed to campuses in
proportion to each campus's share of
noncredit job-related
training revenues received by all campuses
for the previous fiscal
year.
Section 375.10.90. OHIO LEARNING NETWORK
The foregoing appropriation item 235-417, Ohio Learning
Network, shall be
used by the
Board of
Regents to support the
continued
implementation of the
Ohio Learning Network,
a statewide
collaborative that delivers adult education including degree
completion, workforce training, and professional development using
online and distance education initiatives. The funds shall be used
by the Ohio Learning Network to develop and promote learning and
assessment through the use of technology, to test and provide
advice on emerging learning-directed technologies, and to
facilitate cost-effectiveness through shared educational
technology investments.
Section 375.20.10. ACCESS CHALLENGE
The foregoing appropriation item
235-418, Access
Challenge,
shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access
campuses" includes
state-assisted community
colleges,
state
community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional
campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the
community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
The purpose of Access Challenge is to reduce the student
share of costs for resident undergraduates enrolled in lower
division undergraduate courses at Ohio's access campuses. The
long-term goal is to make the student share of costs for these
students equivalent to the student share of costs for resident
undergraduate students enrolled throughout Ohio's public colleges
and universities. Access Challenge appropriations shall be used to
sustain, as much as possible, the tuition restraint or tuition
reduction that was achieved with Access Challenge allocations in
prior years. Access campuses shall disclose, in their tuition
billing statements to students, the amount of tuition subsidized
by state Access Challenge subsidies.
In fiscal year 2008, Access Challenge subsidies
shall be
distributed by the Board of Regents to eligible access
campuses on
the basis of the average of each campus's share of fiscal year
2005 and 2006
all-terms subsidy-eligible General Studies FTEs. In
fiscal year 2009, Access Challenge subsidies shall be distributed
by the Board of Regents to eligible access campuses on the basis
of the average of each campus's share of fiscal year 2006 and 2007
all-terms subsidy-eligible General Studies FTEs.
For purposes of this calculation, Cleveland State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: the Ohio State University, Ohio
University,
Kent State
University, Bowling Green State University,
Miami
University, the
University of Cincinnati, the University of
Akron,
and Wright
State University.
Section 375.20.20. SUCCESS CHALLENGE
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion
by students enrolled at a main campus of a
state-assisted
university.
Of the foregoing appropriation item 235-420, Success
Challenge, 66.67 per cent of the appropriation in each fiscal year
shall
be distributed to
state-assisted university main campuses in
proportion to each campus's share of
the total statewide
bachelor's
degrees granted by university main campuses to
"at-risk" students.
In fiscal years 2008 and 2009, an
"at-risk"
student
means any undergraduate student who was eligible to
receive an
Ohio
need-based financial aid award during the past ten
years.
An eligible
institution
shall not receive its share of this
distribution until
it has submitted
a plan that addresses how the
subsidy will
be
used to better serve at-risk students and increase
their
likelihood of
successful completion of a bachelor's degree
program. The Board of Regents
shall disseminate to all
state-supported
institutions of higher education all such plans
submitted by
institutions that received Success Challenge funds.
Of the foregoing appropriation item 235-420, Success
Challenge, 33.33 per cent of the appropriation in each fiscal year
shall be
distributed to
university main campuses in proportion to
each
campus's share of the total
bachelor's degrees granted by
university main campuses to undergraduate
students who completed
their bachelor's degrees in a
"timely manner" in the
previous
fiscal year. For purposes of this section,
"timely manner"
means
the normal time it would take for a full-time degree-seeking
undergraduate
student to complete the student's degree.
Generally,
for
such students pursuing a bachelor's degree,
"timely
manner"
means four
years. Exceptions to this general rule shall
be
permitted for students
enrolled in programs specifically
designed
to be completed in a longer time
period. The Board of
Regents
shall collect data to assess the timely completion statistics by
university
main
campuses.
Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235-428, Appalachian New
Economy Partnership, shall be distributed to Ohio University to
continue a multi-campus and multi-agency coordinated effort to
link
Appalachia to the new economy. Ohio University shall use
these
funds to provide leadership in the development and
implementation
of initiatives in the areas of entrepreneurship,
management,
education, and technology.
Section 375.20.40. ECONOMIC GROWTH CHALLENGE
The foregoing appropriation item 235-433, Economic Growth
Challenge, shall be used to enhance the basic research
capabilities of Ohio's public and private institutions of higher
education, support improved doctor of philosophy degree programs
throughout the
state, and promote the transfer of technology
developed by
Ohio
colleges and universities to private industry
to further the
economic goals of the state in collaboration with
the Third Frontier Project.
Of the foregoing appropriation item 235-433, Economic Growth
Challenge, $12,000,000 in each fiscal year shall be used for the
Research Incentive Program to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
under section 1713.02 of the Revised
Code, in
order to
strengthen academic research for pursuing
Ohio's economic
development goals. The Board of Regents,
in consultation
with
the
colleges and universities, shall
administer the Research
Incentive
Program and utilize a means of
matching, on a fractional
basis,
external funds attracted in the
previous year by
institutions for
basic research. The program
may include
incentives for increasing
the amount of external
research funds
coming to eligible
institutions and for
focusing research
efforts
upon critical state
needs. Colleges
and universities
shall submit
for review and
approval to the
Board of Regents
plans for the
institutional
allocation of state
dollars received
through the
program. The
institutional plans
shall provide the
rationale for
the allocation
in terms of the
strategic targeting
of funds for
academic and
state purposes, for
strengthening
research programs, for
increasing the amount of
external
research funds, and
shall
include an evaluation process
to provide
results of the
increased
support. Institutional plans for the use of Research Incentive
funding must demonstrate a significant investment in Third
Frontier activities funded at the institution. For a college or
university with multiple Third Frontier grants, as much as ten per
cent of that institution's Research Incentive funding may be
invested in Third Frontier Project-related activities. Each
institutional plan for the investment of Research Incentive moneys
shall report on existing, planned, or possible relationships with
other state science and technology programs and funding recipients
in order to further ongoing statewide science and technology
collaboration objectives.
The Board of Regents shall submit a
biennial report of
progress to the General Assembly.
In each fiscal year, both those state-assisted doctor of
philosophy
degree-granting universities and those accredited
doctor of philosophy degree-granting Ohio
institutions of higher
education holding certificates of
authorization under section
1713.02 of the Revised Code may elect
to participate in the
Innovation Incentive Program and may continue to implement their
comprehensive plans that are designed to
enhance doctor of
philosophy degree programs and areas of research that have the
greatest potential to attract preeminent researchers and build
research capacity; enhance regional or state economic growth by
creating new products and services to be commercialized; and
complement Ohio's Third Frontier Project.
In each fiscal year, funding for the Innovation Incentive
Program shall be generated from the funds reallocated by those
participating state-assisted doctor of philosophy
degree-granting
universities and state matching funds provided in
appropriation
item 235-433, Economic Growth Challenge. In each
fiscal year, the
amount of funds each
participating state-assisted university is
required to internally reallocate shall equal the sum of the funds
it was required to reallocate in the prior fiscal year plus one
and one-half per cent of current fiscal year's doctoral reserve
allocation as attributed by the Board of Regents. Additionally,
those participating accredited Ohio
institutions of higher
education holding certificates of
authorization under section
1713.02 of the Revised Code shall be
required to set aside an
amount comparable to the participating state-assisted universities
as determined by the Board of
Regents.
Of the foregoing appropriation item 235-433, Economic Growth
Challenge, $4,686,194 in each fiscal year shall
match a portion of
the funds set
aside by all participating universities for the
Innovation
Incentive Program. The Controlling Board may increase
the set-aside amount in each fiscal year if the Chancellor of the
Board of Regents, after meeting all other obligations, identifies
unspent and unencumbered General Revenue Fund money within the
Board of Regents budget and requests the Controlling Board to
increase the set-aside for the Innovation Incentive Program. The
amount of the set-aside increased by the Controlling Board shall
not exceed the amount of available funds identified by the
Chancellor of the Board of Regents.
In each fiscal year, if the total amount of the state
matching funds for the Innovation Incentive Program equals or
exceeds the total amount of the funds internally reallocated by
all participating universities, the state matching funds shall be
disbursed through a competitive process. If the total amount of
the state matching funds for the Innovation Incentive Program is
less than the total amount of the funds internally reallocated by
all participating universities, the Board of Regents shall
distribute the state matching funds as follows:
(A) Distribute to each participating university the same
amount of the state matching funds it received in fiscal year 2007
under the Innovation Incentive Program;
(B) Any excess funds after meeting division (A) of this
section shall be distributed based on each participating
university's proportional share of the total funding provided in
division (A) of this section.
The participating universities shall use state matching funds
and the funds they internally reallocated to restructure their
array of doctor of philosophy degree programs.
The Board of Regents, in consultation with participating
universities and the Office of Budget and Management, shall
develop guidelines for the length of a transition period and
criteria for determining the acceptable level of participation in
the Innovation Incentive Program. After completion of the
transition period during implementation of the Innovation
Incentive Program, in each fiscal year the Board of Regents may
withhold up to fifty per cent of the funds each participating
state-assisted doctor of philosophy degree-granting university is
required to reallocate for that year if the university is not
internally reallocating the required amount or does not meet the
criteria established by the Board of Regents.
Of the foregoing appropriation item 235-433, Economic Growth
Challenge, $500,000 in each fiscal year shall be distributed for
the Technology Commercialization Incentive. The purpose of the
Technology Commercialization Incentive is to reward public and
private colleges and universities for successful technology
transfer to Ohio-based business and industry resulting in the
commercialization of new products, processes, and services and the
establishment of new business start-ups within the state. The
Third Frontier Commission, with counsel from the Third Frontier
Advisory Board, shall establish the eligibility criteria for
public and private colleges and universities interested in
applying for Technology Commercialization Incentive funding. To
qualify for the funds, public and private colleges and
universities must maintain a significant investment in their own
technology-transfer and commercialization operation and
capabilities, and possess a significant history of successful
research partnerships with Ohio-based business and industry.
Section 375.20.45. CHALLENGES STUDY
The Chancellor of the Board of Regents shall study the
effectiveness and appropriateness of the programs funded in GRF
appropriation items 235-415, Jobs Challenge, 235-418, Access
Challenge, 235-420, Success Challenge, and 235-433, Economic
Growth Challenge, in the context of today's knowledge-based
economy with a focus on student-based funding, the workforce
development needs of the state in the Twenty-first Century, and
incentives for student success. Not later than May 31, 2008, the
Chancellor of the Board of Regents shall report the findings of
the study to the Governor, the Speaker and the Minority Leader of
the House of Representatives, and the President and the Minority
Leader of the Senate.
Section 375.20.50. COLLEGE READINESS AND ACCESS
Appropriation item 235-434, College Readiness and Access,
shall be used by
the
Board of Regents to support programs
designed
to improve the academic preparation and increase the number of
students that enroll
and succeed in higher education such as the
Ohio College Access Network, the state match for the federal
Gaining Early Awareness and Readiness for Undergraduate Program,
and early awareness initiatives. The appropriation item shall also
be used to support innovative statewide strategies to increase
student access and retention for specialized populations, and to
provide for pilot projects that will contribute to improving
access to higher education by specialized populations. The funds
also may be used for projects that improve access for nonpublic
secondary students.
Of the foregoing appropriation item 235-434, College
Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in
fiscal year 2009 shall be distributed to the Ohio Appalachian
Center for Higher Education at Shawnee State University. The board
of directors of the Center shall consist of the presidents of
Shawnee State University, Belmont Technical College, Hocking
College, Jefferson Community College, Zane State College, Rio
Grande Community College, Southern State Community College, and
Washington State Community College; the president of Ohio
University or a designee of the president; the dean of one of the
Salem, Tuscarawas, and East Liverpool regional campuses of Kent
State University, as designated by the president of Kent State
University; and a representative of the Board of Regents
designated by the Chancellor.
Of the foregoing appropriation item 235-434, College
Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in
fiscal year 2009 shall be distributed to Miami University for the
Student Achievement in Research and Scholarship (STARS) Program.
Of the foregoing appropriation item 235-434, College
Readiness and Access, $3,503,985 in each fiscal year shall be used
in conjunction with funding provided in the Ohio Department of
Education budget under appropriation item 200-431, School
Improvement Initiatives, to support the Early College High School
Program. The funds shall be distributed according to guidelines
established by the Department of Education and the Board of
Regents.
Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES
Appropriation item 235-435, Teacher
Improvement Initiatives,
shall be used
by
the Board of Regents to support
programs such as
OSI - Discovery and the Centers of Excellence in Mathematics and
Science designed to raise the quality of
mathematics and science
teaching in primary, secondary, and post-secondary education.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, $204,049 in each fiscal year shall be
distributed to the Mathematics and Science Center in Lake County.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, $106,619 in each fiscal year shall
be
distributed to the Ohio Mathematics and Science Coalition.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, $100,000 in each fiscal year shall be
distributed to the Teacher Quality Partnerships study.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, $100,000 in each fiscal year shall be
distributed to the Sinclair Community College Distance Learning
STEM Partnership.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, $874,871 in each fiscal year shall be
distributed to the Ohio Resource Center for Mathematics, Science,
and Reading. The funds shall be used to support a resource center
for mathematics, science, and reading to be located at a
state-assisted university for the purpose of identifying best
educational practices in primary and secondary schools and
establishing methods for communicating them to colleges of
education and school districts. The Ohio Resource Center for
Mathematics, Science, and Reading shall not make available
resources that are inconsistent with the K-12 science standards
and policies as adopted by the State Board of Education.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, up to $2,000,000 in each fiscal year
shall be used to support up to ten regional summer academies that
focus on foreign language, science, mathematics, engineering, and
technology and prepare eleventh and twelfth grade students
enrolled in public or chartered nonpublic schools to pursue
college-level foreign language, mathematics, science, technology,
and engineering, with a focus on secondary teaching in these
disciplines. Successful completion of these academics shall result
in dual high school and college credits. Costs shall be based upon
reasonable expenses, as determined by the Board of Regents, that
institutions of higher education may incur for faculty, supplies,
and other associated costs.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, up to $4,000,000 in fiscal year 2009
shall be used to fund teacher-signing bonuses for individuals that
enter the teaching profession in a public school district or
school district building that has been designated a hard-to-staff
school by the Department of Education. To qualify for the signing
bonus, an individual must: (a) be licensed to teach; (b) be
assigned to teach in foreign language, science, or mathematics;
and (c) agree to teach in a hard-to-staff school for a minimum of
five years. An individual may qualify for up to $20,000 in
state-funded bonuses if all obligations are met. The Board of
Regents shall develop this program jointly with the Department of
Education and the Partnership for Continued Learning. An
individual may participate in either the teacher-signing bonus
program or the teacher loan-forgiveness program, but may not
receive benefits from both programs. The Board of Regents shall
recoup funds received by any program participant who has not
fulfilled the five-year teaching obligation as described in this
section.
Of the foregoing appropriation item 235-435, Teacher
Improvement Initiatives, up to $2,500,000 in fiscal year 2009
shall be used to fund teacher loan-forgiveness for individuals
that enter the teaching profession in a school district or school
district building that has been designated as a hard-to-staff
school by the Department of Education. To qualify for the loan
forgiveness, an individual must: (a) be licensed to teach; (b) be
assigned to teach in foreign language, science, or mathematics;
and (c) agree to teach in a hard-to-staff school for a minimum of
five years. An individual may qualify for up to $20,000 in state
funded loan forgiveness if all obligations are met. The Board of
Regents shall develop this program jointly with the Department of
Education and the Partnership for Continued Learning. An
individual may participate in either the teacher-signing bonus
program or the teacher loan-forgiveness program, but may not
receive benefits from both programs. The Board of Regents shall
recoup funds received by any program participant who has not
fulfilled the five-year teaching obligation as described in this
section.
Section 375.20.70. ACCELERATEOHIO
Of the foregoing appropriation item 235-436, AccelerateOhio,
$500,000 in each fiscal year shall be used to support the Health
Information and Imaging Technology Workforce Development Pilot
Project pursuant to section 3333.55 of the Revised Code.
The remainder of the foregoing appropriation item 235-436
AccelerateOhio, shall be used by the Board of Regents, in
collaboration with Ohio's public two-year campuses, to develop and
implement a statewide program designed to improve the education
and skills of Ohio's workforce by assisting low-income working
adults in Ohio to improve their education and training.
AccelerateOhio shall consist of competency-based, low-cost,
noncredit, and credit-bearing modules and courses in
communications, mathematics, and information technology, and other
fields selected by the Board of Regents. The program shall be
designed to culminate in a certificate and provide recipients with
a foundation for additional post-secondary education.
Section 375.20.76. CHOOSE OHIO FIRST SCHOLARSHIP
The foregoing appropriation item 235-438, Choose Ohio First
Scholarship, shall be disbursed pursuant to sections 3333.60 to
3333.70 of the Revised Code.
The unencumbered balance of appropriation item 235-438,
Choose Ohio First Scholarship, at the end of fiscal year 2008
shall be transferred to fiscal year 2009 for use under the same
appropriation item. The amounts transferred are hereby
appropriated.
Section 375.20.77. OHIO RESEARCH SCHOLARS
The foregoing appropriation item 235-439, Ohio Research
Scholars, shall be disbursed pursuant to sections 3333.60 to
3333.70 of the Revised Code.
Section 375.20.80. EMINENT SCHOLARS
The foregoing appropriation item 235-451, Eminent Scholars,
shall be used by the Ohio Board of Regents to continue the Ohio
Eminent Scholars Program, the purpose of which is to invest
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of
Ohio's academic programs. Ohio Eminent Scholars endowed chairs
shall allow Ohio universities to recruit senior faculty members
from outside Ohio who are nationally and internationally
recognized scholars in areas of science and technology that
provide the basic research platforms on which the state's
technology and commercialization efforts are built. Endowment
grants to state
colleges and universities and nonprofit Ohio
institutions of
higher education holding certificates of
authorization issued
under section 1713.02 of the Revised Code to
match endowment gifts
from nonstate sources may be made in
accordance with a plan
established by the Ohio Board of Regents.
Matching nonstate endowment gifts shall be equal to the state's
endowment grant. The grants shall have as their
purpose attracting
and sustaining in Ohio scholar-leaders of
national or
international prominence; each grant shall assist in accelerating
state economic growth through research that provides an essential
basic science platform for commercialization efforts. Such
scholar-leaders shall, among their duties, share
broadly the
benefits and knowledge unique to their fields of
scholarship to
the betterment of Ohio and its people and collaborate with other
state technology programs and program recipients.
All new Eminent Scholar awards made by the Board of Regents
shall be associated with a Wright Center of Innovation, a
Partnership Award from the Biomedical Research and Technology
Transfer Trust Fund, or a Wright Capital Project.
Section 375.20.90. ENTERPRISEOHIO NETWORK
The foregoing appropriation item 235-455, EnterpriseOhio
Network, shall be allocated by the Board of
Regents
to continue
increasing
the capabilities of the EnterpriseOhio
Network to meet
the ongoing training needs of
Ohio employers.
Funds shall support
multicampus collaboration, best practice
dissemination, and
capacity building
projects. The Regents
Advisory Committee for
Workforce
Development, in its advisory
role, shall advise in the
development of plans
and
activities.
Section 375.30.10. AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, shall be used by the Board of
Regents to support
the
medical school regional area health
education centers' educational
programs for the
continued support
of medical and other health
professions
education and for support
of the Area Health Education
Center
Program.
Of the foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, $159,158 in each fiscal year
shall be disbursed to the
Ohio University College of Osteopathic
Medicine to operate a mobile health care unit to
serve the
southeastern area of the state.
Of the foregoing
appropriation
item 235-474, Area Health
Education Centers Program
Support, $119,369 in each fiscal year
shall be used to support the
Ohio Valley Community Health
Information Network (OVCHIN) project.
Section 375.30.20. STATE SHARE OF INSTRUCTION
The Board of Regents shall establish procedures to allocate
the foregoing appropriation item 235-501, State Share of
Instruction, based on the formulas and enrollment in the
instructional models set out in this section.
(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS
(1) As soon as practicable during each fiscal year of the
biennium ending June 30, 2009, in accordance with instructions of
the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
(2) In defining the number of full-time equivalent students
for
state subsidy purposes, the Board of Regents shall exclude
all
undergraduate students who are not residents of Ohio, except
those
charged in-state fees in accordance with reciprocity
agreements
made under section 3333.17 of the Revised Code or employer
contracts
entered into
under section 3333.32 of the Revised Code.
(3) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students:
(a) For those medical schools whose current year
enrollment,
including students repeating terms,
is below the base enrollment,
the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment
including students repeating terms, where
the base
enrollment is:
|
The Ohio State University |
|
1010 |
|
University of Cincinnati |
|
833 |
|
University of Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Ohio Universities College of Medicine |
|
433 |
(b) For those medical schools whose current year
enrollment,
excluding students repeating terms,
is equal to or greater than
the base enrollment, the
Medical II
FTE enrollment shall equal the
base
enrollment plus the FTE for repeating students.
(c) Students repeating terms may be no more than five per
cent of current year enrollment.
(4) The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2008 and fiscal year 2009 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT
For purposes of calculating state share of instruction
allocations, the total instructional costs per full-time
equivalent student shall be:
Model |
Fiscal Year 2008 |
Fiscal Year 2009 |
ARTS AND HUMANITIES 1 |
$7,220 |
$7,494 |
ARTS AND HUMANITIES 2 |
9,431 |
9,790 |
ARTS AND HUMANITIES 3 |
12,186 |
12,649 |
ARTS AND HUMANITIES 4 |
17,836 |
18,514 |
ARTS AND HUMANITIES 5 |
27,829 |
28,887 |
ARTS AND HUMANITIES 6 |
34,540 |
35,852 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
6,352 |
6,594 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
7,389 |
7,670 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
8,911 |
9,249 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
10,744 |
11,152 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
17,070 |
17,719 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
21,908 |
22,740 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
26,019 |
27,008 |
MEDICAL 1 |
43,190 |
44,831 |
MEDICAL 2 |
47,635 |
49,445 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
6,552 |
6,801 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
9,196 |
9,545 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
11,610 |
12,051 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
14,789 |
15,351 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
18,420 |
19,119 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
19,990 |
20,750 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
27,676 |
28,728 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
35,308 |
36,650 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
48,150 |
49,979 |
Doctoral I and Doctoral II models shall be allocated in
accordance with division (D)(1) of this section.
(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,
AND GRADUATE WEIGHTS
For the purpose of implementing the recommendations of the
State Share of Instruction Consultation and the Higher Education
Funding Study Council that priority be given to maintaining state
support for science, technology, engineering, mathematics,
medicine, and graduate programs, the costs in division (B) of this
section shall be weighted by the amounts provided below:
Model |
Fiscal Year 2008 |
Fiscal Year 2009 |
ARTS AND HUMANITIES 1 |
1.000 |
1.000 |
ARTS AND HUMANITIES 2 |
1.000 |
1.000 |
ARTS AND HUMANITIES 3 |
1.000 |
1.000 |
ARTS AND HUMANITIES 4 |
1.000 |
1.000 |
ARTS AND HUMANITIES 5 |
1.250 |
1.250 |
ARTS AND HUMANITIES 6 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
1.250 |
1.250 |
MEDICAL 1 |
1.500 |
1.500 |
MEDICAL 2 |
1.728 |
1.728 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
1.000 |
1.000 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
1.002 |
1.002 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
1.613 |
1.613 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
1.690 |
1.690 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
1.420 |
1.420 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
2.081 |
2.081 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
1.702 |
1.702 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
1.808 |
1.808 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
1.341 |
1.341 |
(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA
ENTITLEMENTS AND ADJUSTMENTS
(1) Of the foregoing appropriation item 235-501, State Share
of Instruction, up to 10.44 per cent of the appropriation in each
fiscal year shall be reserved for support of doctoral programs to
implement the recommendations of the Graduate Funding Commission.
The amount so reserved shall be referred to as the doctoral
set-aside.
The doctoral set-aside shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review and subsequent
changes in Doctoral I equivalent enrollments. For the
purposes of
this calculation,
Doctoral I equivalent FTEs shall
equal the sum
of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
If a university participates in the Innovation Incentive
Program outlined in appropriation item 235-433, Economic Growth
Challenge, in fiscal year 2008 the Board of Regents shall withhold
the university's increasing matching share required by the
Innovation Incentive Program from its allocation of the doctoral
set-aside.
The Board of Regents shall use the combined amount of each
participating state-assisted university's set aside of the
doctoral reserve that has been withheld, the state matching funds
earmarked under appropriation item 235-433, Economic Growth
Challenge, and the amount set aside by each accredited Ohio
institution of higher education holding a certificate of
authorization under section 1713.02 of the Revised Code electing
to participate in the Innovation Incentive Program to make awards
through a competitive process under the Innovation Incentive
Program. Only universities electing to set aside the prescribed
amount shall be eligible to compete for and receive Innovation
Incentive awards. The participating universities shall use these
awards to restructure their array of doctoral programs.
(2) Each campus's state share of instruction base formula
earnings shall be determined as follows:
(a) For each campus in each fiscal year, the instructional
costs shall be determined by multiplying the
amounts
listed above
in divisions
(B) and (C) of this
section by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) The Board of Regents shall compute the
two
calculations
listed in division (D)(2)(a) of this section and use
the
greater
amount as
each campus's instructional costs.
(c) The Board of Regents shall compute a uniform state share
of instructional costs by dividing the appropriations for 235-501,
State Share of Instruction, less the doctoral set-aside calculated
in division (D)(1) of this section, by the sum of all campuses'
instructional costs as calculated in division (D)(2)(b) of this
section.
(d) The formula entitlement for each campus shall be
determined by multiplying the uniform state share of costs
calculated in division (D)(2)(c) of this section by the campus's
instructional cost determined in division (D)(2)(b) of this
section.
(3) In addition to the doctoral set-aside allocation
determined in division (D)(1) of this section and the formula
entitlement determined in division (D)(2) of this section, an
allocation based on fiscal year 2007 facility-based plant
operations and maintenance (POM) subsidy shall be made. No campus
shall be eligible for a POM allocation if the campus did not
receive a net-assignable-square-foot-based (NASF) POM allocation
in fiscal year 2007 and the amount of state share of instruction
subsidy the campus would have received in fiscal year 2007 had the
campus's calculation been based on the state share of instruction
method described in this section, but using relevant fiscal year
2007 data, is less than 98.5% of the campus's actual final fiscal
year 2007 state share of instruction earnings.
For each eligible campus, the amount of the POM allocation in
each fiscal year shall be the lesser of:
(a) 98.5% of the campus's actual final fiscal year 2007 state
share of instruction earnings, minus the amount the campus would
have received in fiscal year 2007 had the campus's calculation
been based on the state share of instruction method described in
this section, but using relevant fiscal year 2007 data; or
(b) The actual final fiscal year 2007
net-assignable-square-foot-based (NASF) POM allocation that was
provided to the campus.
Any POM allocations required by this division shall be funded
by proportionately reducing formula entitlement earnings,
including the POM allocations, for all campuses.
The Board of Regents, in consultation with representatives of
state-assisted colleges and universities, shall study the need for
the facility-based POM allocations and make recommendations for
changes by June 30, 2008.
(4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE
In addition to and after the other adjustment noted above, in
each
fiscal year, no campus shall receive a state share of
instruction allocation that is less than 100 per cent of the prior
year's state share of instruction amount. Funds shall be made
available to fund this guarantee provision by recalculating the
uniform state share as described in division (D)(2)(c) of this
section by subtracting guarantee funds and the doctoral set-aside
from the total appropriations for appropriation item 235-501,
State Share of Instruction.
(5) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of
instruction earnings
shall be reduced for each campus by the
amount,
if any, by which debt service
charged in Am. H.B. 748 of
the
121st General Assembly, Am. Sub. H.B. 850 of
the 122nd
General
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th
General Assembly, and Am. Sub. H.B. 699 of the 126th General
Assembly for
that campus exceeds
that campus's capital
component
earnings. The sum of the amounts deducted shall be transferred to
appropriation item 235-552, Capital Component, in each fiscal
year.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be
made without the recommendation of the Chancellor and the
approval
of the Controlling Board.
(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF
INSTRUCTION
The standard provisions of the state share of instruction
calculation as described in the preceding sections of temporary
law shall apply to any reductions made to appropriation item
235-501, State Share of Instruction, before the Board of Regents
has formally approved the final allocation of the state share of
instruction funds for any fiscal year.
Any reductions made to appropriation item 235-501, State
Share of Instruction, after the Board of Regents has formally
approved the final allocation of the state share of instruction
funds for any fiscal year, shall be uniformly applied to each
campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL
YEARS 2008 AND 2009
(A) The boards of trustees of institutions of state-supported
higher education shall restrain increases in in-state
undergraduate instructional and general fees. For the 2007-2008
academic year, each state-supported institution shall not increase
its in-state undergraduate instructional and general fees over
what the institution charged for the 2006-2007 academic year. For
the 2008-2009 academic year, each state-supported institution
shall not increase its in-state undergraduate instructional and
general fees over what the institution charged for the 2007-2008
academic year.
These limitations shall not apply to increases required to
comply with institutional covenants related to their obligations
or to meet unfunded legal mandates or legally binding obligations
incurred or commitments made prior to the effective date of this
section with respect to which the institution had identified such
fee increases as the source of funds. Any increase required by
such covenants and any such mandates, obligations, or commitments
shall be reported by the Board of Regents to the Controlling
Board. These limitations may also be modified by the Board of
Regents, with the approval of the Controlling Board, to respond to
exceptional circumstances as identified by the Board of Regents.
Of the foregoing appropriation item 235-501, State Share of
Instruction, $58,000,000 in fiscal year 2008 and $60,000,000 in
fiscal year 2009 shall be distributed based on each campus's
proportional share of the total in-state undergraduate
instructional and general fees for fiscal year 2007. For purposes
of this subsidy, the in-state undergraduate instructional and
general fee amounts for all campuses except for Miami University
shall be determined by multiplying the number of a campus's
in-state full-time equivalent undergraduate students by the
campus's full-time in-state undergraduate instructional and
general fees, prior to deducting any scholarships and student
financial aid grants. In the case of Miami University, the
instructional and general fee amount used in the calculation shall
be the average full-time in-state undergraduate instructional and
general fee amount after taking into account Ohio Resident and
Ohio Leader scholarships.
The remainder of appropriation item 235-501, State Share of
Instruction, shall be distributed according to division (B) of
this section.
(B)(1) Notwithstanding the distribution formulas outlined in
Section 375.30.20 of this act, in fiscal year 2008 each
state-supported institution shall receive what was received in
fiscal year 2007. In addition, each state university or university
branch campus shall receive a
proportional share of the total
appropriation increase from fiscal
year 2007 to fiscal year 2008
in appropriation item 235-501, State
Share of Instruction, if the
state university or university branch campus demonstrates one per
cent
savings through identified internal efficiencies in fiscal
year
2008, as certified by the Chancellor of the Board of
Regents. Community colleges, state community colleges, and
technical colleges shall receive additional funds based on a
formula developed by the Chancellor of the Board of Regents that
incorporates the enrollment growth, a funding guarantee, and the
requirement of one per cent savings through identified internal
efficiencies as certified by the Chancellor. Not later than August
31, 2007, the Chancellor shall seek Controlling Board's approval
of the formula.
Notwithstanding the distribution formulas outlined in Section
375.30.20 of this act, in fiscal year 2009 each state-supported
institution shall receive what was received in fiscal year 2008.
In addition, each state university or university branch campus
shall receive a proportional share
of the total appropriation
increase from fiscal year 2008 to
fiscal year 2009 in
appropriation item 235-501, State Share of
Instruction, if the
state university or university branch campus demonstrates three
per cent
savings through identified internal efficiencies in
fiscal year
2009, as certified by the Chancellor of the Board of
Regents. Community colleges, state community colleges, and
technical colleges shall receive additional funds based on a
formula developed by the Chancellor that incorporates the
enrollment growth, a funding guarantee, and the requirement of
three per cent savings through identified internal efficiencies as
certified by the Chancellor. Not later than August 31, 2008, the
Chancellor shall seek Controlling Board's approval of the formula.
(2) In each fiscal year, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which
debt service
charged in Am. H.B. 748 of the
121st General
Assembly, Am. Sub. H.B. 850 of
the 122nd
General
Assembly, Am.
Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th
General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly,
and Am. Sub. H.B. 699 of the 126th General Assembly for
that
campus exceeds
that campus's capital
component earnings. The sum
of the amounts deducted shall be transferred to appropriation item
235-552, Capital Component, in each fiscal year.
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be
made without the recommendation of the Board of Regents and the
approval of the Controlling Board.
Any reductions made to appropriation item 235-501, State
Share of Instruction, shall be uniformly applied to each campus in
proportion to its share of the allocation.
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
(C) In consultation with the Department of Development, the
Chancellor of the Board of Regents shall commission a study on the
needs of the business community relative to higher education in
the state. The study shall include all of the following:
(1) Determine the needs of Ohio's business community;
(2) Determine whether state-supported institutions of higher
education are meeting those needs;
(3) Identify how state-supported institutions of higher
education can improve to meet those needs;
(4) Identify the necessary skills and talents required by the
business community that Ohio's college graduates must have in
order to perform in the workplace; and
(5) Make any necessary recommendations as to how
state-supported institutions of higher education can better meet
the needs of the business community.
Not later than December 31, 2007, the Chancellor of the Board
of Regents shall report the findings of the study to the Governor,
the Speaker and the Minority Leader of the House of
Representatives, and the President and the Minority Leader of the
Senate.
(D) In consultation with state-supported institutions of
higher education, the Chancellor of the Board of Regents shall
develop a plan that includes all of the following:
(1) A plan to achieve the access goal of increasing the
number of Ohioans enrolled in college by 230,000 by 2017;
(2) A plan to achieve the success goal of increasing the
graduation rate of those who first enroll in college on or after
the effective date of this section by twenty per cent by 2017;
(3) A plan to achieve affordability through tuition restraint
and additional state support for higher education; such a plan
shall include goals for establishing and implementing funding
policies that provide for sufficient state funding support to
reach tuition that matches or is lower than the national average
and state support that matches or exceeds the national average;
(4) A plan to enhance the state's competitiveness for
attracting federal and other support for research and development
at public research universities; such a plan shall include goals
for reaching or exceeding the national average level of support,
on a per capita basis, for research and development;
(5) A plan to promote higher education throughout the state
through the coordinated leadership efforts of the Governor, the
Chancellor of the Board of Regents, and other stakeholders; such a
plan shall include goals for using various media and other
partnerships to raise awareness of college opportunities, to
increase public awareness about the value of a college education,
and to create a shared vision that a higher education is
attainable by all Ohioans.
Each of these plans shall include key outcome measures and
other appropriate indicators to allow for monitoring of progress
made in meeting the established goals. Each state-supported
institution of higher education shall provide any student and
institutional outcome data in any program areas requested by the
Chancellor of the Board of Regents, including program efficiency
and utilization of state resources. Each state-supported
institution of higher education shall also commit to increasing
inter-institution collaborations and partnerships and enhancing
efficiencies with the goal of achieving measurable increases in
savings.
In consultation with state-supported institutions of higher
education, the Chancellor of the Board of Regents shall study the
feasibility of establishing and implementing a tuition flexibility
plan that may allow state-supported institutions of higher
education to charge per-credit-hour-based tuition or differential
tuition.
Not later than March 31, 2008, the Chancellor of the Board
of Regents shall report the plan and the tuition flexibility
feasibility study to the Governor, the Speaker and the Minority
Leader of the House of Representatives, and the President and the
Minority Leader of the Senate.
Section 375.30.27. Based on reports from the Higher Education
Statewide Purchasing Consortium under division (D) of section
3345.35 of the Revised Code, the Chancellor of the Ohio Board of
Regents shall certify any cost savings reported by members of the
Consortium as savings achieved through internal efficiencies for
purposes of division (B)(1) of Section 375.30.25 of this act.
Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students.
Except for the board of trustees of Miami University, in
implementing the pilot tuition restructuring plan recognized in
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly
and again recognized by this act, a
tuition surcharge shall be
paid
by all students who are not
residents of Ohio.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees. This prohibition is not intended to limit the
authority of the board of trustees of Miami University in
providing financial assistance to students in implementing the
pilot tuition restructuring plan recognized in Section 89.05 of
Am. Sub. H.B. 95 of the 125th General Assembly and again
recognized by this act.
Except for Miami University, in implementing the pilot
tuition restructuring plan recognized in Section 89.05 of Am. Sub.
H.B. 95 of the 125th General Assembly and again recognized by this
act, each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
The board of trustees of state-assisted institutions of
higher education shall ensure that faculty members devote a proper
and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 375.30.40. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
Section 375.30.50. OHIO INSTRUCTIONAL GRANTS
In each fiscal year, instructional grants for all eligible
full-time students who have attended a college, university, or
proprietary school and have completed coursework for college
credit, excluding early college high school and post-secondary
enrollment option students, prior to academic year 2006-2007,
shall be made using the tables under section 3333.12 of the
Revised Code.
Of the foregoing appropriation item 235-503, Ohio
Instructional
Grants, an amount in each fiscal year shall be used
to make the payments authorized by division
(C) of section 3333.26
of the Revised Code to the institutions
described in that
division. In addition, an amount in each fiscal year shall
be used
to reimburse the institutions described in division (B) of
section
3333.26 of the Revised Code for the cost of the waivers
required
by that division.
The unencumbered balance of appropriation item 235-503, Ohio
Instructional Grants, at the end of fiscal year 2008 shall be
transferred to fiscal year 2009 for use under the same
appropriation item. The amounts transferred are hereby
appropriated.
Section 375.30.60. WAR ORPHANS SCHOLARSHIPS
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
Section 375.30.70. OHIOLINK
The foregoing appropriation item 235-507, OhioLINK, shall be
used by the Board of Regents to support OhioLINK, the state's
electronic library information and retrieval system, which
provides access statewide to an extensive set of electronic
databases and resources and the library holdings of all of Ohio's
public colleges and universities, 44 private colleges, and the
State Library of Ohio.
Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235-508, Air Force Institute
of Technology, shall be used to strengthen the research and
educational linkages between the Wright Patterson Air Force Base
and institutions of higher education in Ohio. Of the foregoing
appropriation item 235-508, Air Force Institute of Technology,
$1,358,588 in each fiscal year shall be used for research projects
that connect the Air Force Research Laboratories with university
partners. The institute shall provide annual reports to the Third
Frontier Commission, that discuss existing, planned, or possible
collaborations between programs and funding recipients related to
technology, research development, commercialization, and support
for Ohio's economic development.
Of the foregoing appropriation item 235-508, Air Force
Institute of Technology, $691,757 in each fiscal year shall be
used to match federal dollars to support technology
commercialization and job creation. The Development Research
Corporation shall use the funds to create or expand Ohio-based
technology and commercial development collaborations in areas that
are a priority in Ohio's third frontier initiative between
industry, academia, and government.
Section 375.30.90. OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235-510, Ohio
Supercomputer
Center, shall be used by the Board of Regents
to support the
operation of the Ohio Supercomputer Center, located at The Ohio
State
University, as
a statewide resource available to
Ohio
research universities both
public and private. It is also
intended
that the center be made
accessible to private industry
as
appropriate. Policies of the
center shall be established by a
governance committee,
representative of Ohio's research
universities and private
industry, to be appointed by the
Chancellor of the Board of
Regents and established for this
purpose.
Funds shall be used, in part, to support the Ohio
Supercomputer Center's Computational Science Initiative which
includes its industrial outreach program, Blue Collar Computing,
and its School of Computational Science. These collaborations
between the Ohio Supercomputer Center and Ohio's colleges and
universities shall be aimed at making Ohio a leader in using
computer modeling to promote economic development.
Of the foregoing appropriation item 235-510, Ohio
Supercomputer Center, $250,000 in each fiscal year shall be used
to support the Supercomputer Center's activities in Beavercreek.
Section 375.40.10. COOPERATIVE EXTENSION SERVICE
The foregoing appropriation item 235-511, Cooperative
Extension Service, shall be disbursed through the Board of Regents
to The Ohio State University in monthly payments, unless otherwise
determined by the Director of Budget and Management under section
126.09 of the Revised Code.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service, $178,271 in each fiscal year shall be used for
additional staffing for county
agents for expanded 4-H activities.
Of the foregoing
appropriation item 235-511, Cooperative Extension
Service,
$178,271 in each fiscal year
shall be used by the
Cooperative Extension Service, through the
Enterprise Center for
Economic Development in cooperation with
other agencies, for a
public-private effort to create and operate
a small business
economic development program to enhance the
development of
alternatives to the growing of tobacco, and
implement, through
applied research and demonstration, the
production and marketing
of other high-value crops and
value-added products. Of the
foregoing appropriation item
235-511, Cooperative Extension
Service, $55,179 in each fiscal year shall be used for farm labor
mediation and education
programs, $182,515 in each fiscal year
shall
be used to support the Ohio State University
Marion
Enterprise Center, and $772,931 in each fiscal year shall be used
to
support the Ohio Watersheds
Initiative.
Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER
The foregoing appropriation item 235-513, Ohio University
Voinovich Center, shall be used by the Board of Regents to support
the operations of Ohio University's Voinovich Center.
Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL
EDUCATION
The Board of Regents, in consultation with the
state-assisted
medical
colleges, shall develop performance
standards for medical
education. Special
emphasis in the
standards shall be placed on
attempting to ensure
that at least 50
per cent of the aggregate
number of students
enrolled in
state-assisted medical colleges
continue to enter residency as
primary care
physicians. Primary
care physicians are
general
family
practice
physicians, general
internal medicine
practitioners, and general
pediatric care
physicians.
The Board
of Regents shall monitor medical school
performance in relation
to their
plans for reaching the 50 per
cent systemwide standard
for primary care
physicians.
Section 375.40.35. CENTRAL STATE SUPPLEMENT
The foregoing appropriation item 235-514, Central State
Supplement, shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF
MEDICINE
The foregoing appropriation item 235-515, Case Western
Reserve University School of
Medicine, shall be disbursed to Case
Western Reserve University
through the Board of Regents in
accordance with agreements
entered into under section
3333.10 of
the Revised
Code, provided that the state support per
full-time
medical
student shall not exceed that provided to
full-time
medical
students at state universities.
Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM
The foregoing appropriation item 235-518, Capitol Scholarship
Program, shall be used by the Board of Regents to provide
scholarships to undergraduates of Ohio's four-year public and
private institutions of higher education participating in the
Washington Center Internship Program. A scholarship of $1,800
shall be awarded to students enrolled in an institution operating
on a quarter system, and a scholarship of $2,300 shall be awarded
to students enrolled in an institution operating on a semester
system. The number of scholarships awarded shall be limited by the
amounts appropriated in fiscal years 2008 and 2009. The Washington
Center shall provide a minimum of $1,300 per student in matching
scholarships.
Section 375.40.60. FAMILY PRACTICE
The Board of Regents shall develop plans consistent with
existing criteria and guidelines as may be required for the
distribution of appropriation item 235-519, Family Practice.
Section 375.40.70. SHAWNEE STATE SUPPLEMENT
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
Section 375.40.80. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS
The foregoing appropriation item 235-521, The Ohio State
University John Glenn School of Public Affairs, shall be used by
the Board of Regents to support the operations of the Ohio State
University's John Glenn School of Public Affairs.
Section 375.40.90. POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
Rootstown
Township,
and the City of Nelsonville that may be used to assist these local
governments in
providing police and fire protection for the
central campus of the
state-affiliated university located therein.
Each participating
municipality
and township shall receive at
least $5,000 in each fiscal year. Funds
shall be distributed
according to the method employed by the Board of
Regents in the
previous biennium.
Section 375.50.10. GERIATRIC MEDICINE
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation item 235-525, Geriatric Medicine.
Section 375.50.20. PRIMARY CARE RESIDENCIES
The Board of Regents shall develop plans consistent with
existing criteria and guidelines as may be required for the
distribution of appropriation item 235-526, Primary Care
Residencies.
The foregoing appropriation item 235-526, Primary Care
Residencies, shall be distributed in each fiscal year of the
biennium, based on whether or not the institution has submitted
and gained approval for a plan. If the institution does not have
an approved plan, it shall receive five per cent less funding per
student than it would have received from its annual allocation.
The remaining funding shall be distributed among those
institutions that meet or exceed their targets.
Section 375.50.30. OHIO AEROSPACE INSTITUTE
The foregoing appropriation item 235-527, Ohio Aerospace
Institute, shall be distributed by the Board of Regents
under
section 3333.042 of the Revised Code.
The Board of Regents, in consultation with the Third Frontier
Commission, shall develop a plan for providing for appropriate,
value-added participation of the Ohio Aerospace Institute in Third
Frontier Project proposals and grants.
Section 375.50.40. ACADEMIC SCHOLARSHIPS
The foregoing appropriation item 235-530, Academic
Scholarships, shall be used to provide academic scholarships to
students under section 3333.22 of the Revised Code.
Section 375.50.50. STUDENT CHOICE GRANTS
The foregoing appropriation item 235-531, Student Choice
Grants, shall be used to provide Student Choice Grants under
section 3333.27 of the Revised Code. The unencumbered balance of
appropriation item 235-531, Student Choice Grants, at the end of
fiscal year 2008 shall be transferred to fiscal year 2009 for use
under the same appropriation item. The amounts transferred are
hereby appropriated.
Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT
CENTER
The foregoing appropriation item 235-535, Ohio Agricultural
Research and Development Center, shall be disbursed through the
Board of Regents to The Ohio State University in monthly payments,
unless otherwise determined by the Director of Budget and
Management under section 126.09 of the Revised Code. The Ohio
Agricultural Research and Development Center shall not be required
to remit payment to The Ohio State University during the biennium
ending June 30, 2009, for cost reallocation assessments. The cost
reallocation assessments include, but are not limited to, any
assessment on state appropriations to the Center.
The Ohio Agricultural Research and Development Center, an
entity of the College of Food, Agricultural, and Environmental
Sciences of The Ohio State University, shall further its mission
of enhancing Ohio's economic development and job creation by
continuing to internally allocate on a competitive basis
appropriated funding of programs based on demonstrated
performance. Academic units, faculty, and faculty-driven programs
shall be evaluated and rewarded consistent with agreed-upon
performance expectations as called for in the College's
Expectations and Criteria for Performance Assessment.
Of the foregoing appropriation item 235-535, Ohio
Agricultural Research and Development Center, $467,578 in each
fiscal year shall be used to purchase equipment.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $822,592 in each
fiscal year shall be distributed to the Piketon
Agricultural
Research and
Extension Center.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $216,471 in each
fiscal year shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at The Ohio
State
University Medical College in
cooperation with The Ohio
State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $43,294 in each
fiscal year shall
be used to support the
Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $86,588 in each
fiscal year shall be
used for the development of agricultural
crops and
products not
currently in widespread production in Ohio,
in order
to increase
the income and viability of family farmers.
Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235-536, The Ohio State
University Clinical Teaching; 235-537, University of Cincinnati
Clinical Teaching; 235-538, University of Toledo Clinical
Teaching; 235-539, Wright State University Clinical Teaching;
235-540, Ohio University Clinical Teaching; and 235-541,
Northeastern Ohio Universities College of Medicine Clinical
Teaching, shall be distributed through the Board of Regents.
Of the foregoing appropriation item 235-539, Wright State
University Clinical Teaching, $124,644 in each fiscal year of the
biennium shall be for the use of Wright State University's Ellis
Institute for Clinical Teaching Studies to operate the clinical
facility to serve the Greater Dayton area.
Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business, $250,000 in each fiscal year
shall be
used
for the continued development and
support of the School of
International Business of the state universities of northeast
Ohio. The money
shall go to The University of Akron. These funds
shall be used by the
university to establish a School of
International Business located at The
University of Akron. It may
confer with Kent State University,
Youngstown State
University,
and Cleveland State University as to the
curriculum
and other
matters regarding the school.
Of the foregoing appropriation item 235-547, School of
International Business,
$100,000 in each fiscal year shall be used
by the University of Toledo
College of Business for
expansion of
its international business programs.
Of the foregoing appropriation item 235-547, School of
International Business,
$100,000 in each fiscal year shall be used
to support the Ohio State
University
BioMEMS program.
Of the foregoing appropriation item 235-547, School of
International Business, $100,000 in fiscal year 2009 shall be used
to support the Supporting Education for the Returning Veterans
(SERV) program at Cleveland State University.
Of the foregoing appropriation item 235-547, School of
International Business, $100,000 in fiscal year 2009 shall be used
to support the Veterans Upward Bound (VUB) program at Cuyahoga
Community College.
Section 375.50.90. CAPITAL COMPONENT
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
Any campus for which the estimated campus debt service
attributable to qualifying capital projects is greater than the
campus's formula-determined capital component allocation shall
have the difference subtracted from its State Share of Instruction
allocation in each fiscal year. The sum of all such amounts shall
be transferred from appropriation item 235-501, State Share of
Instruction, to appropriation item 235-552, Capital Component.
Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
Of the foregoing appropriation item 235-553, Dayton Area
Graduate Studies Institute, $350,000 in each fiscal year shall be
used by the Development Research Corporation to support
collaborative research and technology commercialization
initiatives in Ohio.
Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE
EDUCATION
The foregoing appropriation item 235-554, Priorities in
Collaborative
Graduate Education,
shall be used to
support
improvements in graduate fields of study at
state-assisted
universities identified by the Board of Regents, in consultation
with the Department of Development and the Department of Job and
Family Services, as vital to the state's economic strategy or
related to an area of workforce shortage. Each fiscal year,
participating institutions shall collectively submit for Board of
Regents approval a plan describing how they will work
collaboratively to improve the quality of their graduate programs
and how the funds are to be used for this purpose. The
collaborative effort for Ph.D. computer science programs shall be
coordinated by the Ohio Supercomputer Center as part of its School
of Computational Science.
Section 375.60.30. LIBRARY DEPOSITORIES
The foregoing appropriation item, 235-555, Library
Depositories, shall be distributed to the state's five regional
depository libraries for the cost-effective storage of and access
to lesser-used materials in university library collections. The
distribution of funds shall be coordinated by the Board of
Regents.
Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235-556, Ohio Academic
Resources Network,
shall be used to support the
operations of the
Ohio Academic Resources Network, which shall include support
for
Ohio's state-assisted colleges and universities in maintaining and
enhancing network connections and in using new network
technologies to improve research, education, and economic
development programs. The network shall give priority to
supporting the Third Frontier Network and allocating bandwidth to
programs directly supporting Ohio's economic development.
Section 375.60.50. LONG-TERM CARE RESEARCH
Of the foregoing appropriation item 235-558, Long-term Care
Research, $311,047 in each fiscal year shall be
disbursed to Miami
University for long-term
care research.
Of the foregoing appropriation item 235-558, Long-term Care
Research, $100,000 in each fiscal year shall be disbursed to the
University of Cincinnati to support Alzheimer's and dementia
research pursuant to an affiliation agreement with the Alois
Alzheimer Center.
Of the foregoing appropriation item 235-558, Long-term Care
Research, $50,000 in each fiscal year shall be used to support
People Working Cooperatively, Inc.
Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN
STUDIES CENTER
The foregoing appropriation item 235-561, Bowling Green State
University Canadian
Studies Center, shall be used by the Canadian
Studies Center at
Bowling Green State University to
study
opportunities for Ohio and
Ohio businesses to benefit from
the
Free Trade Agreement between
the United States and Canada.
Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN
The foregoing appropriation item 235-563, Ohio College
Opportunity Grant, shall be used by the Board of Regents to begin
to award needs-based financial aid to students based on the United
States Department of Education's method of determining financial
need. Students who enrolled in a public, private, or proprietary
post-secondary institution of higher education for the first time
in academic year 2006-2007, excluding early college high school
and post-secondary enrollment option participants, shall be
eligible to receive aid based on their expected family
contributions as calculated by the United States Department of
Education, according to section 3333.122 of the Revised Code.
Eligible expenditures from the foregoing appropriation item
235-563, Ohio College Opportunity Grant, shall be claimed each
fiscal year to help meet the state's TANF maintenance of effort
requirement. The Chancellor of the Board of Regents and the
Director of Job and Family Services shall enter into an
interagency agreement to carry out this paragraph, which shall
include, but not be limited to, developing reporting guidelines
for these expenditures.
Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE
The foregoing appropriation 235-567, Central State University
Speed to Scale, shall be used to achieve the goals of the Speed to
Scale Plan, which include increasing student enrollment through
freshman recruitment and transferred students, increasing the
proportion of in-state students to 80 per cent of the total
student population, and increasing the student retention rates
between the first and second year of college by two per cent each
year. The goals shall be accomplished by targeting student
retention, improved articulation agreements with two-year
campuses, increased use of alternative course options, including
online coursework and Ohio Learning Network resources, College
Tech Prep, Post Secondary Enrollment Options, and other
dual-credit programs, and strategic partnerships with research
institutions to improve the quality of Central State University's
offering of science, technology, engineering, mathematics, and
medical instruction. In fiscal year 2009, the disbursement of
these funds shall be contingent upon Central State University
meeting the annual goals for the student enrollment and
first-to-second-year retention rate increases.
There is hereby created the Speed to Scale Task Force that
shall meet not less than quarterly to discuss progress of the
plan, including performance on accountability metrics, issues
experienced in planned efforts, and to monitor and support the
creation of partnerships with other state institutions of higher
education. The Task Force shall consist of the president of
Central State University or the president's designee, the
president of Sinclair Community College or the president's
designee, the president of Cincinnati State Technical and
Community College or the president's designee, the president of
Cuyahoga Community College or the president's designee, The Ohio
State University or the president's designee, the president of the
University of Cincinnati or the president's designee, one
representative from the Board of Regents, one member of the House
of Representatives appointed by the Speaker of the House of
Representatives, one member of the Senate appointed by the
President of the Senate, the Director of Budget and Management or
the director's designee, and a representative of the Governor's
Office as appointed by the Governor.
On the thirtieth day of June of each fiscal year, Central
State University and the Speed to Scale Task Force shall jointly
submit to the Governor, the Director of Budget and Management, the
Speaker of the House of Representatives, the President of the
Senate, and the Board of Regents a report describing the status of
their progress on the accountability metrics included in the Speed
to Scale plan.
Section 375.60.95. JAMES A. RHODES SCHOLARSHIP
The foregoing appropriation item 235-571, James A. Rhodes
Scholarship, shall be used to match the funds raised by the James
A. Rhodes Leadership Foundation for the purpose of providing
scholarships to students who attend community colleges, state
community colleges, and technical colleges. The focus of the
scholarships shall be consistent with the goal of establishing a
skilled workforce in the state. To receive the funds provided in
this appropriation item,
the Foundation shall raise at least
$10,000,000 from nonstate
sources and shall enter into an
agreement with the Chancellor of the Board of Regents.
Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT
The foregoing appropriation item 235-572, The Ohio State
University Clinic
Support,
shall be distributed through the
Board
of Regents
to The Ohio
State University for support of
dental and
veterinary
medicine
clinics.
Section 375.70.15. OHIO HUMANITIES COUNCIL
The foregoing appropriation item 235-573, Ohio Humanities
Council, shall be used to support humanities research, education,
teacher development, and outreach activities through the Ohio
Humanities Council.
Section 375.70.20. URBAN UNIVERSITY PROGRAM
Universities receiving funds from the foregoing appropriation
item 235-583, Urban
University
Program,
that are used to support
an
ongoing university
unit shall certify periodically in a
manner
approved by the Board of Regents that program funds
are being
matched on a one-to-one basis with equivalent
resources. Overhead
support may not be used to meet this
requirement. Where Urban
University Program funds are being used
to support an ongoing
university unit, matching funds shall come
from continuing rather
than one-time sources. At each
participating state-assisted
institution of higher education,
matching funds shall be within
the
substantial control of the
individual designated by the
institution's president as the Urban
University Program
representative.
Of the foregoing appropriation item 235-583, Urban
University
Program, $117,215 in each fiscal year shall be used
to support
the
Center for the Interdisciplinary Study of
Education and the
Urban
Child at Cleveland State
University. These funds shall be
distributed according to rules
adopted by the Board of
Regents and
shall be used by the
center for interdisciplinary
activities
targeted toward
increasing the chance of lifetime
success of the
urban child,
including interventions beginning with
the prenatal
period. The
primary purpose of the center is to
study issues in
urban
education and to systematically map
directions for new
approaches
and new solutions by bringing
together a cadre of
researchers,
scholars, and professionals
representing the social,
behavioral,
education, and health
disciplines.
Of the foregoing appropriation item 235-583, Urban University
Program, $1,433,037 in each fiscal year shall be distributed by
the Board of Regents to Cleveland State University in support of
the Maxine Goodman Levin College of Urban Affairs.
Of the foregoing appropriation item 235-583, Urban University
Program, $1,433,037 in each fiscal year shall be distributed to
the Northeast Ohio Research Consortium, the Urban
Linkages
Program, and the Urban Research Technical Assistance
Grant
Program. The distribution among the three programs shall be
determined by the chair of the Urban University Program.
Of the foregoing appropriation item 235-583, Urban University
Program,
$247,453 in each fiscal year shall be used to
support a
public communication outreach program (WCPN).
The primary purpose
of the program shall be to develop a
relationship between
Cleveland State University and nonprofit communications
entities.
Of the foregoing appropriation item 235-583,
Urban University
Program, $169,310 in each fiscal year shall be used to support
the
Kent
State University Learning and Technology Project. This
project
is a kindergarten through university collaboration between
schools surrounding Kent State University's eight campuses in
northeast
Ohio and
corporate partners who will assist in
development and
delivery.
The Kent State University Project shall provide a faculty
member
who has a full-time role in the development of
collaborative
activities and teacher instructional programming
between Kent State University
and the K-12th grade schools that
surround its eight
campuses;
appropriate student support staff to
facilitate these
programs
and joint activities; and hardware and
software to
schools that will
make possible the delivery of
instruction to
pre-service and
in-service teachers, and their
students, in their
own classrooms
or school buildings. This shall
involve the
delivery of
low-bandwidth streaming video and
web-based
technologies in a
distributed instructional model.
Of the foregoing appropriation item 235-583, Urban University
Program, $65,119 in each fiscal year shall be used to support
the
Ameritech Classroom/Center for Research at Kent State
University.
Of the foregoing appropriation item 235-583, Urban University
Program, $723,547 in each fiscal year
shall be used to support
the
Polymer Distance Learning
Project at the University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Program,
$32,560 in each fiscal year shall be distributed to the
Kent State
University/Cleveland Design Center program.
Of the foregoing appropriation item 235-583, Urban University
Program,
$513,886 in each fiscal year shall be used to support
the
Bliss Institute of
Applied Politics at the University of
Akron.
Of the foregoing appropriation item 235-583, Urban University
Program,
$10,851 in each fiscal year shall be used for the
Advancing-Up Program at the
University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Program, $139,777 in each fiscal year shall be used to support the
Strategic Economic Research Collaborative at the University of
Toledo Urban Affairs Center.
Of the foregoing appropriation item 235-583, Urban University
Program, $164,777 in each fiscal year shall be used to support the
Institute for Collaborative Research and Public Humanities at The
Ohio State University.
Of the foregoing appropriation item 235-583, Urban University
Program, $425,368 in each fiscal year shall be used to support the
Medina County University Center.
Of the foregoing appropriation item 235-583, Urban University
Program, $150,000 in each fiscal year shall be used to support the
Ohio State University African American and African Studies
Community Extension Center.
Of the foregoing appropriation item 235-583, Urban University
Program, $200,000 in each fiscal year shall be used to support the
Cleveland Institute of Art.
Section 375.70.30. RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $263,783 in
each fiscal year, Miami University shall receive $245,320 in each
fiscal year, and Ohio University shall receive $575,015 in each
fiscal year. These
funds
shall be used to support the Institute
for
Local Government
Administration and Rural Development at Ohio
University, the
Center for Public Management and Regional Affairs
at Miami
University, and the Center for Regional Development at
Bowling Green
State University.
A small
portion of the funds provided to Ohio
University
shall also be used for the
Institute for Local
Government
Administration and Rural Development State and
Rural
Policy
Partnership with the Governor's Office of Appalachia and
the
Appalachian delegation of the General Assembly.
Of the foregoing appropriation item 235-587, Rural University
Projects, $15,942 in each fiscal year shall be used to support the
Washington State Community College day care center.
Of the foregoing appropriation item 235-587, Rural University
Projects, $59,829 in each fiscal year shall be used to support the
COAD/ILGARD/GOA Appalachian Leadership Initiative.
Section 375.70.40. HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials
Program, shall
be disbursed to Cleveland State University for the
operation of a program to
certify firefighters for the handling of
hazardous materials. Training shall
be available to all Ohio
firefighters.
Of the foregoing appropriation item 235-596, Hazardous
Materials Program, $177,337 in each fiscal year shall be used to
support the Center for the Interdisciplinary Study of Education
and Leadership in Public Service at Cleveland State University.
These funds shall be distributed by the Board of Regents and shall
be used by the center targeted toward increasing the role of
special populations in public service and not-for-profit
organizations. The primary purpose of the center is to study
issues in public service and to guide strategies for attracting
new communities into public service occupations by bringing
together a cadre of researchers, scholars, and professionals
representing the public administration, social behavioral, and
education disciplines.
Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM
The Board of Regents shall disburse funds from appropriation
item 235-599,
National Guard Scholarship Program, at the
direction
of the Adjutant
General. During each fiscal year, the Board of
Regents, within ten days of cancellation, may certify to the
Director of Budget and Management the amount of canceled
prior-year encumbrances in appropriation item 235-599, National
Guard Scholarship Program. Upon receipt of the certification, the
Director of Budget and Management may transfer an amount up to the
certified amount from the General Revenue Fund to the National
Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the
Adjutant General, the Board of Regents shall seek Controlling
Board approval to establish appropriations in item 235-623,
National Guard Scholarship Reserve Fund. The Board of Regents
shall disburse funds from appropriation item 235-623, National
Guard Scholarship Reserve Fund, at the direction of the Adjutant
General.
*Section 375.70.60. PLEDGE OF FEES
Any new pledge of fees, or new agreement for adjustment of
fees, made in the biennium ending June 30, 2009, to secure bonds
or notes of
a
state-assisted institution of higher education for a
project
for
which bonds or notes were not outstanding on the
effective date of this section shall be effective only after
approval by the
Board
of Regents, unless approved in a previous
biennium.
Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 235-909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made for obligations issued during the period from July 1,
2007, to June 30, 2009, under sections 151.01 and 151.04 of the
Revised Code.
Section 375.70.80. SALES AND SERVICES
The Board of Regents is authorized to charge and accept
payment for the provision of goods and services. Such charges
shall be reasonably related to the cost of producing the goods and
services. No charges may be levied for goods or services that are
produced as part of the routine responsibilities or duties of the
Board. All revenues received by the Board of Regents shall be
deposited into Fund 456, and may be used by the Board of Regents
to pay for the costs of producing the goods and services.
Section 375.70.90.
OHIO HIGHER EDUCATIONAL FACILITY
COMMISSION SUPPORT
The foregoing appropriation item 235-602, Higher Educational
Facility Commission
Administration, shall be used by the Board of
Regents for
operating expenses related to the Board of Regents'
support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $50,000 cash in fiscal
year 2008 and up to $45,000 cash in fiscal year 2009 from Fund
461
to Fund
4E8.
Section 375.80.10. PHYSICIAN LOAN REPAYMENT
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
Section 375.80.20. NURSING LOAN PROGRAM
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2008 and
$167,580 in fiscal year 2009 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT
FUND
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Fund loans shall be
made to the Bond Service
Trust
Fund. All Research Facility
Investment Fund loan repayments made prior to the
effective date
of this section shall be transferred by the Director of Budget
and
Management to the Bond Service Trust Fund within sixty days after
the
effective
date of this section.
Campuses shall make timely repayments of Research
Facility
Investment Fund loans, according to the schedule
established by
the Board of
Regents. In the case of late
payments, the Board of
Regents may deduct from an
institution's periodic subsidy
distribution an amount equal to
the
amount of the overdue payment
for that institution, transfer such
amount
to the Bond Service
Trust Fund, and credit the appropriate
institution for the
repayment.
Section 375.80.40. VETERANS' PREFERENCES
The Board of Regents shall work with the Governor's Office of
Veterans' Affairs
to develop specific veterans' preference
guidelines for higher education
institutions. These guidelines
shall ensure that the institutions' hiring
practices are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 375.80.50. STATE NEED-BASED FINANCIAL AID
RECONCILIATION
By the first day of August in each fiscal year, or as soon
thereafter as possible, the Ohio Board of Regents shall certify to
the Director of Budget and Management the amount necessary to pay
any outstanding prior year obligations to higher education
institutions for the state's need-based financial aid programs.
The amounts certified are hereby appropriated to appropriation
item 235-618, State Need-based Financial Aid Reconciliation, from
revenues received in the State Need-based Financial Aid
Reconciliation Fund (Fund 5Y5).
Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL
AID PROGRAMS
In each fiscal year of the biennium, if the Chancellor of the
Board of Regents determines that additional funds are needed to
support the distribution of state need-based financial aid in
accordance with sections 3333.12 and 3333.122 of the Revised Code,
the Chancellor shall recommend the reallocation of unencumbered
and unobligated appropriation balances of General Revenue Fund
appropriation items in the Board of Regents to GRF appropriation
items 235-503, Ohio Instructional Grants, and 235-563, Ohio
College Opportunity Grant. If the Director of Budget and
Management determines that such a reallocation is required, the
Director may transfer those identified unencumbered and
unobligated funds in the Board of Regents as necessary to GRF
appropriation items 235-503, Ohio Instructional Grants, and
235-563, Ohio College Opportunity Grant. The amounts transferred
to appropriation items 235-503, Ohio Instructional Grants, and
235-563, Ohio College Opportunity Grant, are hereby appropriated.
If those unencumbered and unobligated funds are not sufficient to
support the distribution of state need-based financial aid in
accordance with sections 3333.12 and 3333.122 of the Revised Code
in each fiscal year, the Director of Budget and Management may
increase the appropriation from the General Revenue Fund of
appropriation items 235-503, Ohio Instructional Grants, and
235-563, Ohio College Opportunity Grant, in each fiscal year. The
combined increase to appropriation items 235-503, Ohio
Instructional Grants, and 235-563, Ohio College Opportunity Grant,
authorized under this section shall not exceed $5,000,000 in total
for the purpose of need-based financial aid in each fiscal year of
the biennium.
Section 377.10. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund |
|
|
|
|
|
|
GRF |
501-321 |
|
Institutional Operations |
|
$ |
892,162,864 |
|
$ |
928,980,197 |
GRF |
501-403 |
|
Prisoner Compensation |
|
$ |
8,599,255 |
|
$ |
8,599,255 |
GRF |
501-405 |
|
Halfway House |
|
$ |
41,214,205 |
|
$ |
41,214,205 |
GRF |
501-406 |
|
Lease Rental Payments |
|
$ |
107,607,100 |
|
$ |
109,224,900 |
GRF |
501-407 |
|
Community Nonresidential Programs |
|
$ |
16,514,626 |
|
$ |
16,547,367 |
GRF |
501-408 |
|
Community Misdemeanor Programs |
|
$ |
9,313,076 |
|
$ |
9,313,076 |
GRF |
501-501 |
|
Community Residential
Programs - CBCF |
|
$ |
57,104,132 |
|
$ |
57,104,132 |
GRF |
502-321 |
|
Mental Health Services |
|
$ |
70,112,063 |
|
$ |
73,405,363 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
79,296,672 |
|
$ |
82,739,767 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
27,554,198 |
|
$ |
28,658,273 |
GRF |
505-321 |
|
Institution Medical Services |
|
$ |
199,073,620 |
|
$ |
198,337,805 |
GRF |
506-321 |
|
Institution Education Services |
|
$ |
23,784,868 |
|
$ |
24,847,502 |
GRF |
507-321 |
|
Institution Recovery Services |
|
$ |
7,319,028 |
|
$ |
7,664,520 |
TOTAL GRF General Revenue Fund
|
|
$ |
1,539,655,707 |
|
$ |
1,586,636,362 |
General Services Fund Group
148 |
501-602 |
|
Services and Agricultural |
|
$ |
104,485,807 |
|
$ |
108,290,058 |
200 |
501-607 |
|
Ohio Penal Industries |
|
$ |
39,395,391 |
|
$ |
40,845,414 |
4B0 |
501-601 |
|
Sewer Treatment Services |
|
$ |
2,331,003 |
|
$ |
2,407,018 |
4D4 |
501-603 |
|
Prisoner Programs |
|
$ |
20,967,703 |
|
$ |
20,967,703 |
4L4 |
501-604 |
|
Transitional Control |
|
$ |
2,051,451 |
|
$ |
2,051,451 |
4S5 |
501-608 |
|
Education Services |
|
$ |
4,564,072 |
|
$ |
4,564,072 |
483 |
501-605 |
|
Property Receipts |
|
$ |
393,491 |
|
$ |
393,491 |
5AF |
501-609 |
|
State and Non-Federal Awards |
|
$ |
262,718 |
|
$ |
262,718 |
5H8 |
501-617 |
|
Offender Financial Responsibility |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
5L6 |
501-611 |
|
Information Technology Services |
|
$ |
3,741,980 |
|
$ |
3,741,980 |
571 |
501-606 |
|
Training Academy Receipts |
|
$ |
75,190 |
|
$ |
75,190 |
593 |
501-618 |
|
Laboratory Services |
|
$ |
5,799,999 |
|
$ |
5,799,999 |
TOTAL GSF General Services Fund Group |
|
$ |
186,568,805 |
|
$ |
191,899,094 |
Federal Special Revenue Fund Group
3S1 |
501-615 |
|
Truth-In-Sentencing Grants |
|
$ |
8,709,142 |
|
$ |
8,709,142 |
323 |
501-619 |
|
Federal Grants |
|
$ |
12,198,353 |
|
$ |
12,198,353 |
3CJ |
501-621 |
|
Medicaid Inpatient Services |
|
$ |
11,600,000 |
|
$ |
15,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
32,507,495 |
|
$ |
36,407,495 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,758,732,007 |
|
$ |
1,814,942,951 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501-406, Lease Rental
Payments, shall be used to meet all payments during the period
from July 1, 2007, to June 30, 2009, under the primary leases and
agreements for those
buildings made
under Chapter 152. of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges or obligations issued pursuant to Chapter
152. of the Revised Code.
Money from the foregoing appropriation item 501-403,
Prisoner
Compensation, shall be transferred on a quarterly basis
by
intrastate transfer voucher to the Services and Agricultural Fund
(Fund 148)
for the purposes of paying
prisoner compensation.
HIV/AIDS TESTING REENTRY PILOT PROGRAM
Of the foregoing appropriation item 505-321, Institution
Medical Services, up to $250,000 in each fiscal year shall be used
for the HIV/AIDS testing re-entry pilot program at the Mansfield
Correctional Institution. Prior to a prisoner's release from
custody at the Mansfield Correctional Institution under the
control of the Department of Rehabilitation and Correction, the
department shall examine and test a prisoner for HIV infection and
any sexually transmitted disease. The department may examine and
test involuntarily a prisoner who refuses to be tested.
Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE
(A) There is hereby created the Lima Correctional Institution
Study Committee, effective July 1, 2007. The Committee shall
consist of the following nine members:
(1) The Director of Rehabilitation and Correction or the
Director's designee;
(2) The eight members of the Correctional Institution
Inspection Committee.
(B) The Director of Rehabilitation and Correction shall be
the chairperson of the Lima Correctional Institution Study
Committee.
(C) The Lima Correctional Institution Study Committee shall
procure an independent feasibility study, performed by a
consultant, through the Department of Rehabilitation and
Correction. The study shall examine the highest and best use for
the Lima Correctional Institution and shall examine, at a minimum,
all of the following:
(1) State and local correctional needs and the utilization of
state and local facilities to service those needs;
(2) The current condition and value of the Lima Correctional
Institution;
(3) The cost to reopen the Lima Correctional Institution in
part or in whole for a correctional purpose;
(4) Alternative uses for the Lima Correctional Institution;
(5) The funding options to utilize the Lima Correctional
Institution;
(6) The economic impact of the Lima Correctional Institution
on the Lima region and the potential non-prison economic
development opportunities for a closed prison facility.
(D) The Lima Correctional Institution Study Committee and the
consultant selected shall utilize the staff of the Department of
Rehabilitation and Correction for research and other support
functions as much as feasible.
(E) Of the foregoing appropriation item 501-321,
Institutional Operations, $50,000 in fiscal year 2008 shall be
used to fund the feasibility study.
(F) The Lima Correctional Institution Study Committee shall
submit a report of the Committee's findings not later than April
1, 2008, to the Governor, the President of the Senate, and the
Speaker of the House of Representatives. The Committee shall cease
to exist after submitting the report.
Section 379.10. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,851,468 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
415-406 |
|
Assistive Technology |
|
$ |
47,531 |
|
$ |
47,531 |
GRF |
415-431 |
|
Office for People with Brain Injury |
|
$ |
226,012 |
|
$ |
226,012 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
16,959,541 |
|
$ |
17,259,541 |
GRF |
415-508 |
|
Services for the Deaf |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL GRF General Revenue Fund |
|
$ |
26,584,552 |
|
$ |
26,884,552 |
General Services Fund Group
4W5 |
415-606 |
|
Program Management Expenses |
|
$ |
18,123,188 |
|
$ |
18,557,040 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,632,082 |
|
$ |
1,632,082 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,755,270 |
|
$ |
20,189,122 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,743,740 |
|
$ |
3,743,740 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
750,000 |
|
$ |
750,000 |
3L1 |
415-608 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,506,260 |
|
$ |
1,506,260 |
3L4 |
415-612 |
|
Federal Independent Living Centers or Services |
|
$ |
648,908 |
|
$ |
648,908 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
884,451 |
|
$ |
796,006 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,490,944 |
|
$ |
1,490,944 |
317 |
415-620 |
|
Disability Determination |
|
$ |
82,808,006 |
|
$ |
87,546,215 |
379 |
415-616 |
|
Federal - Vocational Rehabilitation |
|
$ |
122,484,545 |
|
$ |
123,638,578 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
214,316,854 |
|
$ |
220,120,651 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
3,765,337 |
|
$ |
4,500,000 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
906,910 |
|
$ |
906,910 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
4,672,247 |
|
$ |
5,406,910 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
265,328,923 |
|
$ |
272,601,235 |
INDEPENDENT LIVING COUNCIL
The foregoing appropriation
item 415-402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council and shall be used to support state
independent living centers and independent living services under
Title VII of the Independent Living Services and Centers for
Independent Living of the Rehabilitation Act Amendments of 1992,
106 Stat. 4344, 29 U.S.C. 796d.
OFFICE FOR PEOPLE WITH BRAIN INJURY
Of the foregoing appropriation item 415-431, Office for
People with Brain
Injury, up to $50,000 in each fiscal year shall
be
used for
the state match for a
federal grant awarded through
the
Traumatic Brain Injury Act, Pub. L. No.
104-166, and up to
$50,000 in
each fiscal year shall be provided
to the Brain Injury
Trust Fund. The remaining
appropriation shall be used to plan and
coordinate
head-injury-related
services provided by state agencies
and other
government or
private entities, to assess the needs for
such
services, and to
set priorities in this area.
VOCATIONAL REHABILITATION SERVICES
The foregoing appropriation item 415-506, Services for People
with Disabilities, shall be used as state matching funds to
provide vocational rehabilitation services to eligible consumers.
PROGRAM MANAGEMENT EXPENSES
The foregoing appropriation item 415-606, Program Management
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
NATIONAL ACCREDITATION COMPLIANCE
Of the foregoing appropriation item 415-616, Federal –
Vocational Rehabilitation, $125,000 in each fiscal year shall be
used to establish and implement a Community Rehabilitation Program
national accreditation compliance and monitoring program
administered by the Ohio Association of Rehabilitation Facilities.
Of the foregoing appropriation item 415-616, Federal –
Vocational Rehabilitation, $100,000 in each fiscal year shall be
provided to the Cleveland Sight Center for Technology Initiative
to purchase adaptive technology and software for the employment of
Ohioans who are blind or visually impaired.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415-617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment shall be used
in the Social
Security Reimbursement Fund (Fund 3L1),
to the
extent funds are available, as follows:
(A) Appropriation item 415-601, Social Security Personal
Care
Assistance, to provide personal care
services in accordance
with
section 3304.41 of the Revised Code;
(B) Appropriation item 415-608, Social Security Vocational
Rehabilitation,
to provide vocational rehabilitation services
to
individuals with severe
disabilities who are Social Security
beneficiaries, to enable them to achieve competitive
employment.
This appropriation item also
includes funds to assist the Personal
Care
Assistance Program to
pay its
share of indirect costs as
mandated by federal OMB Circular
A-87.
The Auditor of State shall complete a performance audit of
the Rehabilitation Services Commission. Upon completing the
performance audit, the Auditor of State shall submit a report of
the findings of the audit to the Governor, the President of the
Senate, the Speaker of the House of Representatives, and the Board
of Rehabilitation Services Commission. Expenses incurred by the
Auditor of State to conduct the performance audit shall be
reimbursed by the Rehabilitation Services Commission.
The Administrator of the Rehabilitation Services Commission
shall consult with the Director of Budget and Management and
representatives of local rehabilitation services agencies to
conduct an internal review of policies and procedures to increase
efficiency and identify and eliminate duplicative practices. Any
savings identified as a result of the internal review or the
performance audit conducted by the Auditor of State shall be used
for community-based care.
The Administrator of the Rehabilitation Services Commission
shall seek Controlling Board approval before expending any funds
identified as a result of the internal review or the performance
audit.
Section 381.10. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
491,628 |
|
$ |
481,768 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
491,628 |
|
$ |
481,768 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
491,628 |
|
$ |
481,768 |
Section 383.10. RDF REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
085 |
800-900 |
|
Volunteer Firefighters' Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL 085 Volunteer Firefighters' |
|
|
|
|
|
|
Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
Agency Fund Group |
|
|
|
|
|
|
062 |
110-962 |
|
Resort Area Excise Tax |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
063 |
110-963 |
|
Permissive Tax Distribution |
|
$ |
1,778,662,000 |
|
$ |
1,849,000,000 |
067 |
110-967 |
|
School District Income Tax |
|
$ |
325,000,000 |
|
$ |
350,000,000 |
4P8 |
001-698 |
|
Cash Management Improvement Fund |
|
$ |
3,050,000 |
|
$ |
3,100,000 |
608 |
001-699 |
|
Investment Earnings |
|
$ |
250,000,000 |
|
$ |
250,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
2,357,712,000 |
|
$ |
2,453,100,000 |
Holding Account Redistribution
R45 |
110-617 |
|
International Fuel Tax Distribution |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
TOTAL 090 Holding Account Redistribution Fund |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
Revenue Distribution Fund Group |
|
|
|
|
|
|
049 |
038-900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
1,797,000 |
|
$ |
1,832,000 |
050 |
762-900 |
|
International Registration Plan Distribution |
|
$ |
54,475,631 |
|
$ |
55,565,143 |
051 |
762-901 |
|
Auto Registration Distribution |
|
$ |
500,000,000 |
|
$ |
539,000,000 |
054 |
110-954 |
|
Local Government Property Tax Replacement - Utility |
|
$ |
93,250,000 |
|
$ |
95,125,000 |
060 |
110-960 |
|
Gasoline Excise Tax Fund |
|
$ |
375,000,000 |
|
$ |
375,000,000 |
064 |
110-964 |
|
Local Government Revenue Assistance |
|
$ |
42,400,000 |
|
$ |
0 |
065 |
110-965 |
|
Library/Local Government Support Fund |
|
$ |
460,000,000 |
|
$ |
464,500,000 |
066 |
800-900 |
|
Undivided Liquor Permits |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
068 |
110-968 |
|
State and Local Government Highway Distribution |
|
$ |
240,250,000 |
|
$ |
242,500,000 |
069 |
110-969 |
|
Local Government Fund |
|
$ |
730,700,000 |
|
$ |
785,000,000 |
081 |
110-981 |
|
Local Government Property Tax Replacement-Business |
|
$ |
262,500,000 |
|
$ |
366,800,000 |
082 |
110-982 |
|
Horse Racing Tax |
|
$ |
125,000 |
|
$ |
130,000 |
083 |
700-900 |
|
Ohio Fairs Fund |
|
$ |
2,277,000 |
|
$ |
2,325,000 |
088 |
110-900 |
|
Local Government Services Collaboration |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,777,274,631 |
|
$ |
2,941,277,143 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,185,286,631 |
|
$ |
5,444,677,143 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section shall be used for
the
purpose of administering and distributing the designated
revenue
distribution funds according to the Revised Code. If it
is
determined that additional appropriations are necessary for this
purpose, such
amounts are appropriated.
GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY
TAX REPLACEMENT – BUSINESS (FUND 081)
Notwithstanding any provision of law to the contrary, in
fiscal year 2008 and fiscal year 2009, the Director of Budget and
Management may transfer from the General Revenue Fund to the Local
Government Property Tax Replacement – Business (Fund 081) in the
Revenue Distribution Fund, those amounts necessary to reimburse
local taxing units under section 5751.22 of the Revised Code.
Also, in fiscal year 2008 and fiscal year 2009, the Director of
Budget and Management may make temporary transfers from the
General Revenue Fund to ensure sufficient balances in the Local
Government Property Tax Replacement - Business Fund (Fund 081) and
to replenish the General Revenue Fund for such transfers.
Section 384.10. LOCAL GOVERNMENT SERVICES COLLABORATION
GRANT PROGRAM
(A) The Director of Development shall administer a Local
Government Services Collaboration Grant Program. The Director may
adopt rules under section 111.15 of the Revised Code and do all
things necessary for that purpose.
(B) There is hereby created in the State Treasury the Local
Government Services Collaboration Grant Fund (Fund 088). The fund
shall consist of all cash deposited into it pursuant to Section
757.03 of this act. The fund shall be used by the Director of
Development in administering the Local Government Services
Collaboration Grant Program.
(C) The foregoing appropriation item 110-900, Local
Government Services Collaboration, shall be used by the Director
of Development to administer the Local Government Services
Collaboration Grant Program. Moneys shall be used to provide
grants to counties, municipal corporations, and townships that are
interested in combining the provision of local government services
with those of other counties, municipal corporations, or
townships. Individual grant awards shall be used solely for the
cost of conducting a feasibility study that addresses whether, and
in what manner, counties, municipal corporations, and townships
may combine their respective provision of local government
services.
Individual grants shall be available on a competitive basis
to a county, municipal corporation, or township that proposes to
combine its provision of local government services with those of
at least two other counties, municipal corporations, or townships,
or with any combination of at least two other counties, municipal
corporations, or townships. Grants shall be awarded according to
the following formula:
(1) For a total of, or for any combination of, three
counties, municipal corporations, or townships, the grant shall be
equal to fifty per cent of the total cost of the feasibility
study, or not more than $30,000;
(2) For a total of, or for any combination of, four counties,
municipal corporations, or townships, the grant shall be equal to
sixty per cent of the total cost of the feasibility study, or not
more than $40,000;
(3) For a total of, or for any combination of, five counties,
municipal corporations, or townships, the grant shall be equal to
seventy per cent of the total cost of the feasibility study, or
not more than $50,000;
(4) For a total of, or for any combination of, six counties,
municipal corporations, or townships, the grant shall be equal to
eighty per cent of the total cost of the feasibility study, or not
more than $60,000;
(5) For a total of, or for any combination of, seven
counties, municipal corporations, or townships, the grant shall be
equal to ninety per cent of the total cost of the feasibility
study, or not more than $70,000;
(6) For a total of, or for any combination of, eight or more
counties, municipal corporations, or townships, the grant shall be
equal to the total cost of the feasibility study, or not more than
$80,000.
(D) Of the foregoing appropriation item 110-900, Local
Government Services Collaboration, not more than $100,000 over the
biennium may be used by the Department of Development for
operating expenditures in administering the Local Government
Services Collaboration Grant Program.
(E) Applicants for funding under the Local Government
Services Collaboration Grant Program are encouraged to utilize the
services of state-funded colleges and universities to conduct the
feasibility studies referenced under this section.
(F) As used in this section, "local government services"
means services typically provided by a county, municipal
corporation, or township for the health, safety, and well-being of
community residents and includes, but is not limited to, police
and fire protection, 9-1-1 emergency service, trash collection,
snow removal, road repair, and the provision of public utilities
such as water and sewer services.
(G) On or before June 30, 2008, the unencumbered balance of
the foregoing appropriation item 110-900, Local Government
Services Collaboration, for fiscal year 2008 is hereby
appropriated for the same purpose for fiscal year 2009.
Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K9 |
893-609 |
|
Operating Expenses |
|
$ |
138,551 |
|
$ |
138,551 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
138,551 |
|
$ |
138,551 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
138,551 |
|
$ |
138,551 |
Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF |
226-100 |
|
Personal Services |
|
$ |
7,093,127 |
|
$ |
7,519,318 |
GRF |
226-200 |
|
Maintenance |
|
$ |
704,154 |
|
$ |
704,154 |
GRF |
226-300 |
|
Equipment |
|
$ |
113,288 |
|
$ |
113,288 |
TOTAL GRF General Revenue Fund |
|
$ |
7,910,569 |
|
$ |
8,336,760 |
General Services Fund Group
4H8 |
226-602 |
|
School Improvement Grants |
|
$ |
37,514 |
|
$ |
37,514 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
37,514 |
|
$ |
37,514 |
Federal Special Revenue Fund Group
3P5 |
226-643 |
|
Medicaid Services Reimbursement |
|
$ |
50,000 |
|
$ |
50,000 |
310 |
226-626 |
|
Multi-Handicapped Student Support |
|
$ |
2,527,105 |
|
$ |
2,527,105 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
2,577,105 |
|
$ |
2,577,105 |
State Special Revenue Fund Group
4M5 |
226-601 |
|
Work Study and Donations |
|
$ |
217,397 |
|
$ |
217,397 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
217,397 |
|
$ |
217,397 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,742,585 |
|
$ |
11,168,776 |
Section 389.10. OSD OHIO SCHOOL FOR THE DEAF
GRF |
221-100 |
|
Personal Services |
|
$ |
8,775,363 |
|
$ |
9,263,862 |
GRF |
221-200 |
|
Maintenance |
|
$ |
1,033,092 |
|
$ |
1,033,092 |
GRF |
221-300 |
|
Equipment |
|
$ |
222,500 |
|
$ |
222,500 |
TOTAL GRF General Revenue Fund |
|
$ |
10,030,955 |
|
$ |
10,519,454 |
General Services Fund Group
4M1 |
221-602 |
|
School Improvement Grants |
|
$ |
38,000 |
|
$ |
38,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
38,000 |
|
$ |
38,000 |
Federal Special Revenue Fund Group
3AD |
221-604 |
|
VREAL Ohio |
|
$ |
25,000 |
|
$ |
25,000 |
3R0 |
221-684 |
|
Medicaid Services |
|
$ |
34,999 |
|
$ |
34,999 |
|
|
|
Reimbursement |
|
|
|
|
|
|
3Y1 |
221-686 |
|
Federal Early Childhood Grant |
|
$ |
250,000 |
|
$ |
250,000 |
311 |
221-625 |
|
Statewide Outreach |
|
$ |
2,470,135 |
|
$ |
2,470,135 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
2,780,134 |
|
$ |
2,780,134 |
State Special Revenue Fund Group
4M0 |
221-601 |
|
Work Study and Donations |
|
$ |
95,000 |
|
$ |
95,000 |
5H6 |
221-609 |
|
Preschool Program Support |
|
$ |
127,832 |
|
$ |
125,358 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
222,832 |
|
$ |
220,358 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,071,921 |
|
$ |
13,557,946 |
Section 391.10. SFC SCHOOL FACILITIES COMMISSION
GRF |
230-428 |
|
Lease Rental Payments |
|
$ |
22,702,000 |
|
$ |
0 |
GRF |
230-908 |
|
Common Schools General Obligation Debt Service |
|
$ |
284,768,400 |
|
$ |
339,648,300 |
TOTAL GRF General Revenue Fund |
|
$ |
307,470,400 |
|
$ |
339,648,300 |
State Special Revenue Fund Group
5E3 |
230-644 |
|
Operating Expenses |
|
$ |
7,749,813 |
|
$ |
7,786,197 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,749,813 |
|
$ |
7,786,197 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
315,220,213 |
|
$ |
347,434,497 |
Section 391.20. LEASE RENTAL PAYMENTS
The foregoing appropriation item 230-428, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Ohio School Facilities Commission under leases
and agreements made under section 3318.26 of the Revised Code.
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 230-908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made for obligations issued during the period from July 1,
2007, through June 30, 2009, under sections 151.01 and 151.03 of
the Revised Code.
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities under this section and Chapter
3318. of
the Revised Code.
In both fiscal years 2008 and 2009, the Executive Director of
the Ohio
School Facilities
Commission shall certify on a quarterly
basis to the Director of
Budget and Management the amount
of cash
from interest earnings to be transferred from
the School Building
Assistance Fund (Fund 032), the Public
School Building Fund (Fund
021), and the Educational Facilities Trust Fund (Fund N87) to the
Ohio School Facilities
Commission Fund (Fund 5E3). The amount
transferred from the School Building Assistance Fund (Fund 032)
may not exceed investment earnings credited to the fund, less any
amount required to be paid for federal arbitrage rebate purposes.
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval
under section 3318.05 of the Revised Code. The
Executive Director
of the Ohio School Facilities Commission shall
certify the amounts
of the canceled encumbrances to the Director
of Budget and
Management on a quarterly basis. The amounts of the
canceled
encumbrances are hereby appropriated.
Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provision of law to the contrary,
the Ohio School Facilities Commission
may provide assistance
under
the
Exceptional Needs School Facilities Program established in
section 3318.37 of the Revised Code
to any school district, and
not
exclusively to a school district in
the lowest seventy-five
per cent of
adjusted valuation per pupil on the
current ranking of
school districts established under section 3317.02 of the
Revised
Code, for the purpose of the
relocation or replacement of
school
facilities required as a
result of extreme environmental
contamination.
The Ohio School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT
(A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a
high school that would
otherwise be
authorized under
Chapter 3318.
of the Revised Code. The
Commission shall not
commit funds under
this section unless all of
the
following
conditions are met:
(1) The District has entered into a cooperative agreement
with a
state-assisted technical college.
(2) The District has received an irrevocable commitment of
additional funding
from nonpublic sources.
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The Commission shall enter into an agreement with the
District for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the District's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The Commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the Commission.
(3) The Commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 391.50. CAREER-TECHNICAL LOAN PROGRAM
Within thirty days after the effective date of this section,
or as soon as possible thereafter, the Executive Director of the
Ohio School Facilities Commission shall certify the cash balance
in the Career-Technical School Building Assistance Fund (Fund 020)
to the Director of Budget and Management, who shall transfer that
amount to the Public School Building Fund (Fund 021) and abolish
the Career-Technical School Building Assistance Fund (Fund 020).
All repayments of current loans approved under section
3318.48 of the Revised Code, which is repealed by this act, shall
be deposited to the credit of the Public School Building Fund
(Fund 021). Should a district fail to submit the annual
installment of the loan repayment within sixty days after the due
date, the Department of Education, upon the request of the
Executive Director of the Ohio School Facilities Commission, shall
deduct the amount of the installment from payments due to a
district under Chapter 3317. of the Revised Code or from any other
funds appropriated to the district by the General Assembly, and
shall transfer that amount to the Commission to the credit of the
Public School Building Fund (Fund 021).
Section 393.10. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
2,585,000 |
|
$ |
2,585,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
103,936 |
|
$ |
103,936 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
277,997 |
|
$ |
277,997 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
4,652 |
|
$ |
4,652 |
TOTAL GRF General Revenue Fund |
|
$ |
2,971,585 |
|
$ |
2,971,585 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-609 |
|
Notary Commission |
|
$ |
685,249 |
|
$ |
685,249 |
413 |
050-601 |
|
Information Systems |
|
$ |
119,955 |
|
$ |
119,955 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
55,712 |
|
$ |
55,712 |
TOTAL General Services Fund Group |
|
$ |
868,116 |
|
$ |
868,116 |
Federal Special Revenue Fund Group
3AH |
050-614 |
|
Election Reform/Health and Human Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3AS |
050-616 |
|
2005 HAVA Voting Machines |
|
$ |
4,750,000 |
|
$ |
2,750,000 |
3X4 |
050-612 |
|
Ohio Center/Law Related Educational Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,791,000 |
|
$ |
3,791,000 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
129,565 |
|
$ |
129,565 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
13,761,734 |
|
$ |
13,761,734 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,891,299 |
|
$ |
13,891,299 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
30,000 |
|
$ |
30,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
85,000 |
|
$ |
85,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
115,000 |
|
$ |
115,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
23,637,000 |
|
$ |
21,637,000 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated.
2005 HAVA VOTING MACHINES
Of the foregoing appropriation item 050-616, 2005 HAVA Voting
Machines, in fiscal year 2008 $15,000 shall be distributed to the
Vinton County Board of Elections and $15,000 shall be distributed
to the Morgan County Board of Elections to be used for emergency
assistance for elections.
On July 1, 2008, or as soon as possible thereafter, the
Director of Budget and Management shall transfer any remaining
unexpended, unencumbered appropriations in Fund 3AS, appropriation
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year
2009. The transferred amount is hereby appropriated.
On July 1, 2008, or as soon as possible thereafter, the
Director of Budget and Management shall transfer any remaining
unexpended, unencumbered appropriations in Fund 3AH, appropriation
item 050-614, Election Reform/Health and Human Services Fund, for
use in fiscal year 2009. The transferred amount is hereby
appropriated.
Ongoing interest earnings from the federal Election
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA
Voting Machines Fund (Fund 3AS) shall be credited to the
respective funds and distributed in accordance with the terms of
the grant under which the money is received.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
Section 395.10. SEN THE OHIO SENATE
GRF |
020-321 |
|
Operating Expenses |
|
$ |
11,778,439 |
|
$ |
11,778,439 |
TOTAL GRF General Revenue Fund |
|
$ |
11,778,439 |
|
$ |
11,778,439 |
General Services Fund Group
102 |
020-602 |
|
Senate Reimbursement |
|
$ |
448,465 |
|
$ |
448,465 |
409 |
020-601 |
|
Miscellaneous Sales |
|
$ |
34,497 |
|
$ |
34,497 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
482,962 |
|
$ |
482,962 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,261,401 |
|
$ |
12,261,401 |
On July 1, 2007, or as soon as possible thereafter, the Clerk
of the Senate shall certify to the Director of Budget and
Management the total fiscal year 2007 unencumbered appropriations
in appropriation item 020-321, Operating Expenses. The Clerk may
direct the Director of Budget and Management to transfer an amount
not to exceed the total fiscal year 2007 unencumbered
appropriations to fiscal year 2008 for use within appropriation
item 020-321, Operating Expenses. Additional appropriation
authority equal to the amount certified by the Clerk is hereby
appropriated to appropriation item 020-321, Operating Expenses, in
fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the Clerk
of the Senate shall certify to the Director of Budget and
Management the total fiscal year 2008 unencumbered appropriations
in appropriation item 020-321, Operating Expenses. The Clerk may
direct the Director of Budget and Management to transfer an amount
not to exceed the total fiscal year 2008 unencumbered
appropriations to fiscal year 2009 for use within appropriation
item 020-321, Operating Expenses. Additional appropriation
authority equal to the amount certified by the Clerk is hereby
appropriated to appropriation item 020-321, Operating Expenses, in
fiscal year 2009.
Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND
070 |
155-905 |
|
Third Frontier Research & Development Bond Retirement Fund |
|
$ |
14,349,500 |
|
$ |
25,023,400 |
072 |
155-902 |
|
Highway Capital Improvement Bond Retirement Fund |
|
$ |
202,694,900 |
|
$ |
205,139,500 |
073 |
155-903 |
|
Natural Resources Bond Retirement Fund |
|
$ |
24,713,800 |
|
$ |
25,723,000 |
074 |
155-904 |
|
Conservation Projects Bond Service Fund |
|
$ |
14,847,200 |
|
$ |
19,779,200 |
076 |
155-906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
7,232,400 |
|
$ |
8,192,500 |
077 |
155-907 |
|
State Capital Improvement Bond
Retirement Fund |
|
$ |
178,713,600 |
|
$ |
189,296,300 |
078 |
155-908 |
|
Common Schools Bond Retirement Fund |
|
$ |
292,268,400 |
|
$ |
342,148,300 |
079 |
155-909 |
|
Higher Education
Bond Retirement Fund |
|
$ |
175,972,400 |
|
$ |
210,372,200 |
090 |
155-912 |
|
Job Ready Site Development Bond Retirement Fund |
|
$ |
4,359,400 |
|
$ |
8,232,500 |
TOTAL DSF Debt Service Fund Group |
|
$ |
915,151,600 |
|
$ |
1,033,906,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
915,151,600 |
|
$ |
1,033,906,900 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued under the Ohio
Constitution and acts of the
General
Assembly. If it is
determined that additional
appropriations are
necessary for this purpose, such
amounts are hereby appropriated.
Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION
GRF |
945-321 |
|
Operating Expenses |
|
$ |
0 |
|
$ |
475,220 |
GRF |
945-501 |
|
Southern Ohio Agricultural and Community Development Foundation |
|
$ |
0 |
|
$ |
7,513,251 |
TOTAL GRF General Revenue Fund |
|
$ |
0 |
|
$ |
7,988,471 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
7,988,471 |
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT
FOUNDATION
The foregoing appropriation item 945-321, Operating Expenses,
shall be used for the operating expenses of the Southern Ohio
Agricultural and Community Development Foundation in administering
programs under section 183.15 of the Revised Code.
The foregoing appropriation item 945-501, Southern Ohio
Agricultural and Community Development Foundation, shall be used
by the Southern Ohio Agricultural and Community Development
Foundation for programs administered under section 183.15 of the
Revised Code.
Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
&
AUDIOLOGY
General Services Fund Group
4K9 |
886-609 |
|
Operating Expenses |
|
$ |
430,600 |
|
$ |
453,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
430,600 |
|
$ |
453,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
430,600 |
|
$ |
453,000 |
Section 403.10. BTA BOARD OF TAX APPEALS
GRF |
116-321 |
|
Operating Expenses |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
TOTAL GRF General Revenue Fund |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
Section 405.10. TAX DEPARTMENT OF TAXATION
GRF |
110-321 |
|
Operating Expenses |
|
$ |
92,040,062 |
|
$ |
92,440,062 |
GRF |
110-404 |
|
Tobacco Settlement Enforcement |
|
$ |
0 |
|
$ |
328,034 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
71,680 |
|
$ |
71,680 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
446,953,165 |
|
$ |
478,613,618 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
9,177,962 |
|
$ |
4,588,981 |
TOTAL GRF General Revenue Fund |
|
$ |
548,242,869 |
|
$ |
576,042,375 |
General Services Fund Group
433 |
110-602 |
|
Tape File Account |
|
$ |
125,000 |
|
$ |
140,000 |
5BQ |
110-629 |
|
Commercial Activity Tax Administration |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
5W4 |
110-625 |
|
Centralized Tax Filing and Payment |
|
$ |
400,000 |
|
$ |
200,000 |
5W7 |
110-627 |
|
Exempt Facility Administration |
|
$ |
100,000 |
|
$ |
150,000 |
5CZ |
110-631 |
|
Vendor's License Application |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,625,000 |
|
$ |
7,490,000 |
State Special Revenue Fund Group
4C6 |
110-616 |
|
International Registration Plan |
|
$ |
706,855 |
|
$ |
706,855 |
4R6 |
110-610 |
|
Tire Tax Administration |
|
$ |
125,000 |
|
$ |
150,000 |
435 |
110-607 |
|
Local Tax Administration |
|
$ |
17,250,000 |
|
$ |
17,250,000 |
436 |
110-608 |
|
Motor Vehicle Audit |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
437 |
110-606 |
|
Litter Tax and Natural Resource Tax Administration |
|
$ |
675,000 |
|
$ |
800,000 |
438 |
110-609 |
|
School District Income Tax |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
5N5 |
110-605 |
|
Municipal Income Tax Administration |
|
$ |
500,000 |
|
$ |
500,000 |
5N6 |
110-618 |
|
Kilowatt Hour Tax Administration |
|
$ |
125,000 |
|
$ |
175,000 |
5V7 |
110-622 |
|
Motor Fuel Tax Administration |
|
$ |
4,700,000 |
|
$ |
5,000,000 |
5V8 |
110-623 |
|
Property Tax Administration |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
639 |
110-614 |
|
Cigarette Tax Enforcement |
|
$ |
100,000 |
|
$ |
100,000 |
642 |
110-613 |
|
Ohio Political Party Distributions |
|
$ |
600,000 |
|
$ |
600,000 |
688 |
110-615 |
|
Local Excise Tax Administration |
|
$ |
210,000 |
|
$ |
180,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
43,291,855 |
|
$ |
43,761,855 |
095 |
110-995 |
|
Municipal Income Tax |
|
$ |
21,000,000 |
|
$ |
21,000,000 |
425 |
110-635 |
|
Tax Refunds |
|
$ |
1,565,900,000 |
|
$ |
1,546,800,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,586,900,000 |
|
$ |
1,567,800,000 |
Holding Account Redistribution Fund Group
R10 |
110-611 |
|
Tax Distributions |
|
$ |
50,000 |
|
$ |
50,000 |
R11 |
110-612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,186,159,724 |
|
$ |
2,195,194,230 |
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK,
AND TANGIBLE TAX
EXEMPTION
The foregoing appropriation item 110-901, Property Tax
Allocation -
Taxation, is hereby appropriated to
pay for the
state's
costs
incurred because of the Homestead Exemption, the
Manufactured
Home Property Tax Rollback, and the Property Tax
Rollback. The
Tax Commissioner shall
distribute these funds
directly to the
appropriate
local taxing
districts, except for
school
districts,
notwithstanding the provisions in sections
321.24 and
323.156 of
the Revised
Code, which provide for payment
of the
Homestead
Exemption, the Manufactured Home Property Tax
Rollback,
and Property Tax
Rollback by the Tax Commissioner to the
appropriate county treasurer and the
subsequent redistribution of
these funds to the appropriate local taxing
districts by the
county auditor.
The foregoing appropriation item 110-906, Tangible Tax
Exemption -
Taxation, is hereby appropriated to
pay for the
state's costs
incurred
because of the tangible personal
property
tax exemption
required by division
(C)(3) of section
5709.01 of
the Revised
Code. The Tax Commissioner shall
distribute to each
county
treasurer the total amount appearing in the notification
from
the county
treasurer
under division (G) of section 321.24 of
the Revised
Code for all local
taxing
districts located in the
county except
for school
districts, notwithstanding
the provision
in section
321.24 of the
Revised Code which provides for
payment
of the
$10,000 tangible
personal property tax exemption by the Tax
Commissioner to the
appropriate county treasurer for all local
taxing
districts
located in the county including school districts.
The county
auditor shall
distribute the amount paid by the Tax
Commissioner
among the appropriate local
taxing districts except
for school
districts under division (G) of section 321.24 of the
Revised Code.
Upon receipt of these amounts, each local taxing district
shall distribute the
amount among the proper funds as if it had
been paid as real or tangible
personal property taxes. Payments
for the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation items 110-901, Property Tax
Allocation - Taxation, for the
Homestead Exemption, the
Manufactured Home Property Tax Rollback, and the
Property Tax
Rollback payments, and 110-906,
Tangible Tax
Exemption
- Taxation,
for the
$10,000 tangible personal property tax
exemption payments,
which
are determined to be necessary for these
purposes,
are
hereby appropriated.
The foregoing appropriation item 110-995, Municipal Income
Tax, shall be used to make payments to municipal corporations
under section 5745.05 of the Revised Code. If it is determined
that additional appropriations are necessary to make these
payments, such amounts are hereby appropriated.
The foregoing appropriation item 110-635, Tax Refunds,
shall
be used to pay refunds under section 5703.052 of the
Revised Code.
If it is
determined that additional appropriations
are necessary
for this purpose, such amounts are hereby appropriated.
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110-616, International
Registration Plan, shall be used under section 5703.12 of
the
Revised
Code for audits
of persons with vehicles registered
under
the International Registration Plan.
TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT
Of the foregoing appropriation item 110-607, Local Tax
Administration, the Tax Commissioner may disburse funds, if
available, for the purposes of paying travel expenses incurred by
members of Ohio's delegation to the Streamlined Sales Tax Project,
as appointed under section 5740.02 of the Revised Code. Any travel
expense reimbursement paid for by the Department of Taxation shall
be done in accordance with applicable state laws and guidelines.
LITTER CONTROL TAX ADMINISTRATION FUND
Notwithstanding section 5733.12 of the Revised Code, during
the period from
July 1, 2007, to June 30, 2008, the amount of
$675,000, and during the
period from July 1, 2008, to June 30,
2009, the amount of $800,000, received
by the Tax Commissioner
under Chapter 5733. of the Revised Code, shall be
credited to the
Litter Control Tax Administration Fund (Fund 437).
CENTRALIZED TAX FILING AND PAYMENT FUND
The Director of Budget and Management, under a plan submitted
by the Tax Commissioner, or as otherwise determined by the
Director of Budget and Management, shall set a schedule to
transfer cash from the General Revenue Fund to the credit of the
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers
of cash shall not exceed $600,000 in the biennium.
COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND
The foregoing appropriation item 110-629, Commercial Activity
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses
incurred by the Department of Taxation to implement and administer
the Commercial Activity Tax under Chapter 5751. of the Revised
Code.
Notwithstanding section 3734.9010, division (B)(2)(c) of
section 4505.09, division (B) of section 5703.12, section 5703.80,
division (C)(6) of section 5727.81, sections 5733.122 and
5735.053, division (C) of section 5739.21, section 5745.03,
section 5743.024, section 5743.15, division (C) of section
5747.03, and section 5747.113 of the Revised Code or any other
provisions to the contrary, any residual cash balances determined
and certified by the Tax Commissioner to the Director of Budget
and Management shall be transferred on July 1, 2007, or as soon as
possible thereafter, to the Commercial Activities Tax
Administration Fund (Fund 5BQ).
TOBACCO SETTLEMENT ENFORCEMENT
The foregoing appropriation item 110-404, Tobacco Settlement
Enforcement, shall be used by the Tax Commissioner to pay costs
incurred in the enforcement of divisions (F) and (G) of section
5743.03 of the Revised Code.
Section 407.10. DOT DEPARTMENT OF TRANSPORTATION
Transportation Modes
GRF |
775-451 |
|
Public Transportation - State |
|
$ |
16,700,000 |
|
$ |
17,000,000 |
GRF |
776-465 |
|
Ohio Rail Development Commission |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
GRF |
776-466 |
|
Railroad Crossing/Grade Separation |
|
$ |
789,600 |
|
$ |
789,600 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
3,293,985 |
|
$ |
1,794,003 |
TOTAL GRF General Revenue Fund |
|
$ |
24,483,585 |
|
$ |
23,283,603 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,483,585 |
|
$ |
23,283,603 |
PUBLIC TRANSPORTATION - STATE
Of the foregoing GRF appropriation item 775-451, Public
Transportation - State, $200,000 in fiscal year 2008 shall be used
for the Cleveland Metropolitan Park District West Creek Project.
Of the foregoing appropriation item 775-451, Public
Transportation-State, $50,000 in fiscal year 2008 shall be used
for a Franklin County school transportation study to determine the
feasibility of a countywide pupil transportation system.
Of the foregoing appropriation item 777-471, Airport
Improvements - State, $1,500,000 in fiscal year 2008 shall be used
for air travel and support and economic development of statewide
airports. The Directors of Development and Transportation may
enter into one or more interagency agreements between their two
departments as necessary to implement a statewide strategy to
enhance Ohio's airports as centers of regional economic
development.
Section 409.10. TOS TREASURER OF STATE
GRF |
090-321 |
|
Operating Expenses |
|
$ |
9,313,195 |
|
$ |
9,313,195 |
GRF |
090-401 |
|
Office of the Sinking
|
|
$ |
537,223 |
|
$ |
537,223 |
|
|
|
Fund |
|
|
|
|
|
|
GRF |
090-402 |
|
Continuing Education |
|
$ |
448,843 |
|
$ |
448,843 |
GRF |
090-524 |
|
Police and Fire
|
|
$ |
14,000 |
|
$ |
12,000 |
|
|
|
Disability Pension Fund |
|
|
|
|
|
|
GRF |
090-534 |
|
Police
& Fire Ad Hoc Cost
|
|
$ |
140,000 |
|
$ |
130,000 |
|
|
|
of Living |
|
|
|
|
|
|
GRF |
090-554 |
|
Police and Fire Survivor
|
|
$ |
910,000 |
|
$ |
865,000 |
|
|
|
Benefits |
|
|
|
|
|
|
GRF |
090-575 |
|
Police and Fire Death
|
|
$ |
20,000,000 |
|
$ |
20,000,000 |
|
|
|
Benefits |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
31,363,261 |
|
$ |
31,306,261 |
General Services Fund Group
4E9 |
090-603 |
|
Securities Lending Income
|
|
$ |
3,164,000 |
|
$ |
3,314,000 |
577 |
090-605 |
|
Investment Pool
|
|
$ |
550,000 |
|
$ |
550,000 |
|
|
|
Reimbursement |
|
|
|
|
|
|
605 |
090-609 |
|
Treasurer of State
|
|
$ |
350,000 |
|
$ |
350,000 |
|
|
|
Administrative Fund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,064,000 |
|
$ |
4,214,000 |
State Special Revenue Fund Group
5C5 |
090-602 |
|
County Treasurer Education |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
135,000 |
|
$ |
135,000 |
425 |
090-635 |
|
Tax Refunds |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
TOTAL Agency Fund Group |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
66,562,261 |
|
$ |
66,655,261 |
Section 409.10.10. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090-401, Office of
the
Sinking Fund, shall be used for financing and other costs incurred
by or
on behalf of the Commissioners of the Sinking Fund, the Ohio
Public Facilities Commission or its secretary, or the Treasurer of
State, with
respect to
State of Ohio
general obligation bonds or
notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs by intrastate
transfer voucher
pursuant to a
certification by the Office of the
Sinking Fund of
the
actual
amounts used. The amounts necessary to
make such
reimbursements
are appropriated from the general
obligation bond
retirement
funds
created by the Constitution and
laws to the
extent such costs are
incurred.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090-575, Police and Fire
Death Benefits, shall be disbursed quarterly by the Treasurer of
State at the beginning of each quarter of each fiscal year to the
Board
of
Trustees of the Ohio Police and Fire Pension
Fund. The
Treasurer of State shall certify such amounts quarterly to the
Director of Budget and Management. By the
twentieth day of June of
each fiscal year, the Board of
Trustees of the
Ohio Police and
Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this appropriation
item but not
disbursed.
The foregoing appropriation item 090-635, Tax Refunds, shall
be used to pay refunds under section 5703.052 of the Revised Code.
If the Director of Budget and Management determines that
additional amounts are necessary for this purpose, such amounts
are hereby appropriated.
Section 411.10. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
5AM |
095-603 |
|
Index Savings Plan |
|
$ |
2,376,852 |
|
$ |
2,425,777 |
5DC |
095-604 |
|
Banking Products |
|
$ |
1,631,283 |
|
$ |
1,648,123 |
5P3 |
095-602 |
|
Variable College Savings Fund |
|
$ |
2,031,354 |
|
$ |
2,063,596 |
645 |
095-601 |
|
Operating Expenses |
|
$ |
872,086 |
|
$ |
881,169 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
6,911,575 |
|
$ |
7,018,665 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,911,575 |
|
$ |
7,018,665 |
Section 413.10. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
23,085,261 |
|
$ |
24,403,903 |
GRF |
430-200 |
|
Maintenance |
|
$ |
7,835,544 |
|
$ |
8,458,613 |
GRF |
430-402 |
|
Hall of Fame |
|
$ |
125,000 |
|
$ |
125,000 |
TOTAL GRF General Revenue Fund |
|
$ |
31,045,805 |
|
$ |
32,987,516 |
General Services Fund Group
484 |
430-603 |
|
Veterans Home Services |
|
$ |
375,880 |
|
$ |
375,880 |
TOTAL GSF General Services Fund Group |
|
$ |
375,880 |
|
$ |
375,880 |
Federal Special Revenue Fund Group
3BX |
430-609 |
|
Medicare Services |
|
$ |
1,446,807 |
|
|
1,446,807 |
3L2 |
430-601 |
|
Veterans Home Operations - Federal |
|
$ |
15,290,320 |
|
$ |
15,410,471 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,737,127 |
|
$ |
16,857,278 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
8,530,800 |
|
$ |
8,530,800 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
770,096 |
|
$ |
770,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,300,896 |
|
$ |
9,300,896 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
57,459,708 |
|
$ |
59,521,570 |
Of the foregoing appropriation item 430-100, Personal
Services, $100,000 in each fiscal year shall be distributed to
Cornerstone of Hope to be used to provide professional counseling
services for individuals who have recently lost family members who
were service men and service women in the United States Armed
Forces.
Section 415.10. VET VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743-501 |
|
State Support |
|
$ |
27,533 |
|
$ |
27,533 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
60,513 |
|
$ |
60,513 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
54,398 |
|
$ |
54,398 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
32,687 |
|
$ |
32,687 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
63,789 |
|
$ |
63,789 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
62,015 |
|
$ |
62,015 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
204,549 |
|
$ |
204,549 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
332,561 |
|
$ |
332,561 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
316,711 |
|
$ |
316,711 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
237,939 |
|
$ |
237,939 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
127,569 |
|
$ |
127,569 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
6,541 |
|
$ |
6,541 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
271,277 |
|
$ |
271,277 |
TOTAL GRF General Revenue Fund |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
The foregoing appropriation items 743-501, 746-501, 747-501,
748-501, 749-501,
750-501, 751-501, 752-501, 753-501, 754-501,
756-501,
757-501, and 758-501, State Support,
shall be released
upon approval by the Director of Budget and
Management.
CENTRAL OHIO UNITED SERVICES ORGANIZATION
Of the foregoing appropriation item 751-501, State Support,
Vietnam Veterans
of America,
$50,000 in each fiscal year shall be
used to support the activities of the
Central Ohio USO.
VAL AMERICAN LEGION OF OHIO
Of the foregoing appropriation item 752-501, State Support,
VAL American Legion, at least $50,000 in each fiscal year shall be
used to fund service officer expenses.
VETERANS SERVICE COMMISSION EDUCATION
Of the foregoing appropriation item 753-501, State Support,
AMVETS, up to
$20,000 in each
fiscal year may be used to provide
moneys to
the
Association of
County Veterans Service Commissioners
to
reimburse
its member
county veterans service commissions for
costs
incurred
in carrying
out educational and outreach duties
required
under
divisions (E)
and (F) of section 5901.03 of the
Revised
Code. The Director of Budget and Management shall release
these funds upon
the
presentation of an itemized receipt, approved
by the Governor's Office of Veterans Affairs, from the association
for reasonable and
appropriate
expenses
incurred while performing
these duties. The
association shall
establish
uniform procedures
for reimbursing
member commissions.
Of the foregoing appropriation item 753-501, State Support,
AMVETS, at least $50,000 shall be used in each fiscal year to fund
service officer expenses.
VAV DISABLED AMERICAN VETERANS
Of the foregoing appropriation item 754-501, State Support,
VAV Disabled American Veterans, at least $50,000 in each fiscal
year shall be used to fund service officer expenses.
Of the foregoing appropriation item 756-501, State Support,
VMC Marine Corps League, at least $30,000 in each fiscal year
shall be used to fund service officer expenses.
VFW VETERANS OF FOREIGN WARS
Of the foregoing appropriation item 758-501, State Support,
VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year
shall be used to fund service officer expenses.
Section 417.10. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
322,740 |
|
$ |
327,312 |
5BU |
888-602 |
|
Veterinary Student Loan Program |
|
$ |
60,000 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
382,740 |
|
$ |
327,312 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
382,740 |
|
$ |
327,312 |
Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
186,338,297 |
|
$ |
190,599,131 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
24,207,700 |
|
$ |
24,208,700 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,558,587 |
|
$ |
18,558,587 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
15,356,904 |
|
$ |
15,764,729 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,754,420 |
|
$ |
14,754,419 |
TOTAL GRF General Revenue Fund |
|
$ |
259,215,908 |
|
$ |
263,885,566 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
9,985,035 |
|
$ |
10,550,725 |
4A2 |
470-602 |
|
Child Support |
|
$ |
328,657 |
|
$ |
328,657 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
49,713 |
|
$ |
50,955 |
4G6 |
470-631 |
|
SCALE Program |
|
$ |
100,000 |
|
$ |
100,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
137,666 |
|
$ |
137,666 |
5BN |
470-629 |
|
E-Rate Program |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
10,801,071 |
|
$ |
11,368,003 |
Federal Special Revenue Fund Group
3BH |
470-630 |
|
Federal Juvenile Programs FFY 06 |
|
$ |
100,000 |
|
$ |
50,000 |
3BT |
470-634 |
|
Federal Juvenile Programs |
|
$ |
300,000 |
|
$ |
50,000 |
3BY |
470-635 |
|
Federal Juvenile Programs FFY 07 |
|
$ |
903,350 |
|
$ |
350,000 |
3BZ |
470-636 |
|
Federal Juvenile Programs FFY 08 |
|
$ |
0 |
|
$ |
653,350 |
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
2,750,000 |
|
$ |
2,750,000 |
3Z9 |
470-626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
142,253 |
|
$ |
0 |
321 |
470-601 |
|
Education |
|
$ |
5,202,160 |
|
$ |
5,473,109 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
51,000 |
|
$ |
30,000 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,908,369 |
|
$ |
2,981,078 |
321 |
470-610 |
|
Rehabilitation Programs |
|
$ |
36,000 |
|
$ |
36,000 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
6,162,670 |
|
$ |
6,316,737 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
463,700 |
|
$ |
463,700 |
321 |
470-633 |
|
Project Re-entry |
|
$ |
1,017,843 |
|
$ |
1,017,843 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,037,345 |
|
$ |
20,171,817 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
2,074,710 |
|
$ |
2,141,823 |
5BH |
470-628 |
|
Partnerships for Success |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,574,710 |
|
$ |
3,641,823 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
293,629,034 |
|
$ |
299,067,209 |
Of the foregoing appropriation item 470-401, RECLAIM Ohio,
$25,000 in each fiscal year shall be distributed directly to the
Lighthouse Youth Services Wrap-Around Program.
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470-412, Lease Rental
Payments, in the Department of Youth Services, shall be used to
meet all
payments to the
Ohio Building Authority for the period
from July 1, 2007, to June
30,
2009, under the leases and
agreements for
facilities made under Chapter 152. of the Revised
Code. This appropriation is
the source of funds pledged for bond
service charges on related
obligations issued pursuant to Chapter
152. of the Revised Code.
The foregoing appropriation item 470-613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item may be used
for
capital expenses related to the education program.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470-609, Employee Food Service, may
be used to
purchase any food operational items with funds received
into the fund from reimbursement for state surplus property.
Section 503.03. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the Employee Assistance
Program; the
cost of
the affirmative action and equal employment
opportunity programs administered by the Department of
Administrative Services; the costs of interagency
information
management infrastructure; and the cost
of
administering the state
employee merit system as required by
section 124.07 of the Revised
Code. These costs shall be
determined in conformity with
the
appropriate sections of law and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item 070-601,
Public Audit Expense - Local
Government, in Fund 422 may be exempted
from the
requirements of
this section.
Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Except as otherwise provided in this section, an
appropriation in this act or any other act may be used for the
purpose of satisfying judgments, settlements, or administrative
awards ordered or approved by the Court of Claims or by any other
court of competent jurisdiction in connection with civil actions
against the state. This authorization does not apply to
appropriations to be applied to or used for payment of guarantees
by or on behalf of the state, or for payments under lease
agreements relating to, or debt service on, bonds, notes, or other
obligations of the state. Notwithstanding any other statute to the
contrary, this authorization includes appropriations from funds
into which proceeds of direct obligations of the state are
deposited only to the extent that the judgment, settlement, or
administrative award is for, or represents, capital costs for
which the appropriation may otherwise be used and is consistent
with the purpose for which any related obligations were issued or
entered into. Nothing contained in this section is intended to
subject the state to suit in any forum in which it is not
otherwise subject to suit, and is not intended to waive or
compromise any defense or right available to the state in any suit
against it.
Section 503.09. CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the particular
appropriation to pay the amount of a final judgment rendered
against the state or a state agency, including the settlement of
a
claim approved by a court, in an action upon and arising out of
a
contractual obligation for the construction or improvement of a
capital facility if the costs under the contract were payable in
whole
or in part from a state capital projects appropriation. In
such a
case, the director may either proceed pursuant to division
(C)(4)
of section 2743.19 of the Revised Code or apply to the
Controlling
Board to increase an
appropriation or create an
appropriation out of any unencumbered
moneys in the state treasury
to the credit of the capital
projects fund from which the initial
state appropriation was
made. The Controlling Board may approve
or
disapprove the
application as submitted or modified. The
amount of
an increase
in appropriation or new appropriation
specified in an
application
approved by the Controlling Board is
hereby
appropriated from the
applicable capital projects fund and
made
available for the
payment of the judgment or settlement.
If the director does not make the application authorized by
this section or the Controlling Board disapproves the
application,
and the director does not make application under division
(C)(4)
of section 2743.19 of the Revised Code, the director shall
for the
purpose of making that payment make a request to the General
Assembly as provided for in division (C)(5) of that section.
Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants under section 117.47 of the Revised Code, there is
hereby
appropriated, out of moneys in the state treasury from the
fund
credited as provided in section 117.47 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF
OPERATING APPROPRIATIONS
Except for amounts of $50,000,000 or more that are encumbered
from the General Revenue Fund for program subsidy payments, which
the Director of Budget and Management must submit to the
Controlling Board for approval, and General Revenue Fund
encumbrances for planned program subsidy payments of $1,000,000 or
more but below $50,000,000, which the Director of Budget and
Management must report to the Controlling Board, an unexpended
balance of an operating
appropriation or
reappropriation
that a
state
agency lawfully
encumbered prior
to
the close of a
fiscal
year is reappropriated
on the
first day of
July of the
following
fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated
for the
following period
and shall
remain available only for
the
purpose
of discharging the
encumbrance:
(A) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of
the fiscal
year;
(B) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and
gas
wells, for a
period ending when the encumbered appropriation
is
expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense,
for such
period
as the director approves, provided such period does not
exceed two
years.
Any operating appropriations for which unexpended balances
are reappropriated
beyond a five-month
period from the end of the
fiscal year by division (B) of this section shall be
reported to
the Controlling
Board by the
Director of Budget and
Management by
the thirty-first day of
December of each year. The
report on each
such item shall include
the item,
the cost of the
item, and the
name of the vendor. The report shall
be updated on a
quarterly
basis for encumbrances
remaining open.
Upon the expiration of the reappropriation period set out in
divisions (A), (B), (C), or (D) of this section,
a
reappropriation
made by this section lapses, and
the Director
of Budget
and
Management shall cancel the encumbrance
of the unexpended
reappropriation not later than the end of the
weekend following
the
expiration
of
the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of
the Director of Budget and Management, an unexpended balance of an
encumbrance that was reappropriated on the first day of July
by
this section for a period specified in division (C) or
(D) of this
section and that remains encumbered at the close of
the fiscal
biennium is hereby reappropriated on the first day of July of the
following fiscal biennium
from the fund from which it was
originally appropriated or
reappropriated for the applicable
period specified in division (C)
or (D) of this section and shall
remain available only for the
purpose of discharging the
encumbrance.
The Director of Budget and Management may correct accounting
errors committed by the staff of the Office of Budget and
Management, such as re-establishing encumbrances or appropriations
cancelled in error, during the cancellation of operating
encumbrances in November and of nonoperating encumbrances in
December.
If the Controlling Board approved a purchase, that approval
remains in effect
so long as the appropriation used to make
that
purchase remains encumbered.
Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
RE-ESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
under section 126.15 of the Revised Code is
hereby appropriated.
Any amounts necessary to re-establish appropriations or
encumbrances under section 126.15 of the Revised Code are
hereby
appropriated.
Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the
state
treasury to the credit of the General Revenue Fund, which
are not
otherwise appropriated, funds sufficient to make any
payment
required by division (B)(2) of section 5747.03 of the
Revised
Code.
Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation authority that the Controlling
Board approves under sections 127.14,
131.35, and 131.39
of the
Revised Code or any other provision of
law is hereby appropriated
for the period ending June 30,
2009.
Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S
RESIDENCE
If the Governor's Residence Fund (Fund 4H2) receives payment
for use of the residence pursuant to section 107.40 of the Revised
Code, the amounts so received are hereby appropriated to
appropriation item 100-604, Governor's Residence Gift.
Section 503.31. PAYROLL WITHHOLDING FUNDS FOR WORKERS'
COMPENSATION ASSESSMENTS
Notwithstanding any provision of law to the contrary, not
later than September 30 of each fiscal year, the Director of
Budget and Management may transfer up to $6,336,457 per fiscal
year from the General Revenue Fund to the Payroll Withholding Fund
(Fund 124). The amount transferred is hereby appropriated in
appropriation item 995-673, Payroll Deductions. The Director of
Administrative Services may use the amount transferred to pay
increased costs to state agencies attributable to managed care
assessments, premiums, and other fees charged by the Bureau of
Workers' Compensation that would otherwise have been charged to
the General Revenue Fund.
Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
Unless the agency and nuclear electric utility mutually agree
to a higher amount by contract, the maximum amounts that may be
assessed against nuclear
electric utilities under division (B)(2)
of section
4937.05 of the
Revised Code are as
follows:
|
|
|
FY 2008 |
|
FY 2009 |
Department of Agriculture |
|
|
|
|
|
Fund 4E4 Utility Radiological Safety |
|
$73,059 |
|
$73,059 |
Department of Health |
|
|
|
|
|
Fund 610 Radiation Emergency Response |
|
$850,000 |
|
$850,000 |
Environmental Protection Agency |
|
|
|
|
|
Fund 644 ER Radiological Safety |
|
$286,114 |
|
$286,114 |
Emergency Management Agency |
|
|
|
|
|
Fund 657 Utility Radiological Safety |
|
$1,260,000 |
|
$1,260,000 |
Section 512.01. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE
FUND ENDING BALANCES
Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of
section 131.44 of the Revised Code, up to $100,000,000 in cash
from fiscal year 2007 surplus revenue in excess of the amount
required under division (A)(3) of section 131.44 of the Revised
Code shall remain in the General Revenue Fund (GRF).
Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM
NON-GRF FUNDS
Notwithstanding any other provision of law to the contrary,
during fiscal years 2008 and 2009, the Director of Budget and
Management is hereby authorized to transfer cash from non-General
Revenue Fund funds that are not constitutionally restricted to the
General Revenue Fund. The total amount of cash transfers made
pursuant to this section to the General Revenue Fund during fiscal
years 2008 and 2009 shall not exceed $70,000,000.
Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF
INTEREST EARNED
Notwithstanding any provision of Ohio law to the contrary,
the Director of Budget and Management, through June 30, 2009, may
transfer interest earned by any fund in the Central Accounting
System to the General Revenue Fund. Subsequent to the making of
such transfers, the Director of Budget and Management shall
provide a report to the Controlling Board at its next regularly
scheduled meeting detailing the funds from which the interest
earned was transferred to the General Revenue Fund and the amount
of interest earnings transferred from each of those funds. This
section does not apply to funds whose source of revenue is
restricted or protected by the Constitution of this state, federal
tax law, or the "Cash Management Improvement Act of 1990" 104
Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.
Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund
402) TO DISASTER PREPAREDNESS FUND (Fund 5EX)
Notwithstanding any other provision of law to the contrary,
on the first day of July in each of years 2007 and 2008, or as
soon as practicable thereafter in each of those years, the
Director of Budget and Management shall transfer $350,000 in cash
from the Reparations Fund (Fund 402) to the Disaster Preparedness
Fund (Fund 5EX).
Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF
Not later than the first day of June in each year of the
biennium, the Director of Budget and Management shall transfer
$500,000 from the Corporate and Uniform Commercial Code Filing
Fund to the
General Revenue Fund.
Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT
IMPLEMENTATION
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer an amount not to
exceed $2,200,725 in
cash from the General Revenue Fund to Fund
5N4, OAKS Project
Implementation. On July 1, 2008, or as soon
thereafter as
possible, the Director of Budget and Management
shall transfer an amount not to
exceed $2,092,779 in cash from the
General Revenue Fund to Fund 5N4, OAKS
Project Implementation.
Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT
ORGANIZATION FUND
Notwithstanding any provision of law to the contrary, in
fiscal year 2008, the Director of Budget and Management may
transfer an amount not to exceed $1,000,000 in cash from the Human
Resources Services Fund (Fund 125) to the OAKS Support
Organization Fund (Fund 5EB). These amounts shall support the
establishment of the OAKS Support Organization. Amounts
transferred to the OAKS Support Organization Fund and interest
earnings on these amounts transferred during fiscal year 2008
shall be returned to the Human Resources Services Fund not later
than January 1, 2008. Upon certification of the total amount
transferred from Fund 125 to Fund 5EB, the Director of Budget and
Management shall transfer cash in the amount certified from Fund
5EB to Fund 125.
Section 512.32. GRF TRANSFER TO FUND 470, FEE SUPPORTED
PROGRAMS
On July 1, 2007, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $50,000 in cash
from the General Revenue Fund to Fund 470, Fee Supported Programs,
in the Department of Health.
Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT
FUND
Notwithstanding division (G) of section 183.27 of the Revised
Code, the Director of Budget and Management shall transfer
$40,000,000 cash in fiscal year 2008 from the Education Facilities
Endowment Fund (Fund P87) to the General Revenue Fund.
Section 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT
CAPITAL GRANT PROGRAMS
On the first day of July of each fiscal year or as soon as
possible thereafter, the Director of Budget and Management shall
(1) transfer $9,817,105 in cash in fiscal year 2008 and
$10,057,814 in cash in fiscal year 2009 from the Highway Operating
Fund (Fund 002) to the Diesel Emissions Grant Fund established in
section 122.861 of the Revised Code and (2) transfer $5,000,000 in
each fiscal year from the Highway Operating Fund to the Transit
Capital Fund (Fund 5E7). The amounts transferred are hereby
appropriated.
The transfer to the Diesel Emissions Grant Fund shall be used
for the administration and oversight of the Diesel Emissions
Reduction Grant Program within the Department of Development. In
addition to the allowable expenditures set forth in section
122.861 of the Revised Code, Diesel Emissions Reduction Grant
Program funds also may be used to fund projects involving the
purchase or use of hybrid and alternative fuel vehicles that are
allowed under guidance developed by the Federal Highway
Administration for the Congestion Mitigation and Air Quality
(CMAQ) Program. The Director of Development, in consultation with
the Director of Environmental Protection, shall develop guidance
for distribution of the funds from the Diesel Emissions Grant
Fund. The guidance shall include a method for prioritization of
projects, acceptable technologies, and procedures for awarding
grants and loans.
The transfer to the Transit Capital Fund (Fund 5E7) shall be
used to supplement the capital portion of the Ohio Public
Transportation Grant Program within the Department of
Transportation.
These cash transfers represent CMAQ program moneys within the
Department of Transportation for use by the Diesel Emissions
Reduction Grant Program by the Department of Development and for
use by the Ohio Public Transportation Grant Program by the Ohio
Department of Transportation. These allocations shall not reduce
the amount of such moneys designated for metropolitan planning
organizations.
Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND
On July 1, 2007, and on July 1, 2008, or as soon thereafter
as possible, the Director of Budget and Management may transfer
cash from the funds specified below, in the amount specified
below, to the Energy Strategy Development Fund, which is hereby
created in the state treasury. The fund may accept contributions
and transfers made to the fund. The funds shall be used to develop
energy initiatives, projects, and policy.
Agency |
Fund |
FY 2008 |
FY 2009 |
Department of Administrative Services |
117 |
$35,000 |
$35,000 |
Department of Agriculture |
3J4 |
$35,000 |
$35,000 |
Department of Development |
4H4 |
$32,447 |
$0 |
Department of Development |
135 |
$0 |
$35,000 |
Environmental Protection Agency |
219 |
$35,000 |
$35,000 |
Department of Natural Resources |
157 |
$35,000 |
$35,000 |
Department of Transportation |
002 |
$50,000 |
$50,000 |
Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING
FUND TO TITLE DEFECT RESCISSION FUND
Notwithstanding any other provision of law to the contrary,
on July 1, 2007, or as soon as practicable thereafter, the
Director of Budget and Management shall transfer $1,000,000 in
cash from the Automated Title Processing Fund (Fund 849) to the
Title Defect Rescission Fund (Fund 4Y7).
Section 512.41. For purposes of sections 109.93, 111.18, and
173.85 of the Revised Code, as amended by this act, the Director
of Budget and Management, in collaboration with the Treasurer of
State, may take any action necessary to establish funds in the
state treasury that were previously held in the custody of the
Treasurer of State, including, but not limited to, the transfer of
cash from the custodial funds to the state treasury and the
establishment of appropriations and encumbrances to support
outstanding obligations. The amounts necessary to support
outstanding obligations are hereby appropriated. Agencies may
request additional appropriation authority, but it shall be
subject to approval by the Controlling Board.
Section 512.50. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE
INTRA-STATE FUND
On July 1, 2007, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $400,000 cash
from the General Revenue Fund to the Public Audit Expense
Intra-State Fund (Fund 109). The amounts transferred are hereby
appropriated to help pay for expenses incurred in the Auditor of
State's role relating to fiscal caution, fiscal watch, and fiscal
emergency activities as defined in Chapter 3316. of the Revised
Code and for performance audits for school districts in fiscal
distress.
Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE
OF INFORMATION TECHNOLOGY
Effective July 1, 2007, or the earliest date thereafter
agreed to by the Director of Budget and Management and the
Director of Administrative Services, the Office of Information
Technology printing office currently located on Integrity Drive in
Columbus shall become part of the Department of Administrative
Services. The functions, assets, and liabilities, including, but
not limited to, records, regardless of form or medium, leases, and
contracts, of the printing office are transferred to the
Department of Administrative Services. The Department of
Administrative Services is thereupon and thereafter successor to,
assumes the obligations of, and otherwise constitutes the
continuation of the printing office. The functions of the printing
office are thereupon and thereafter transferred to the Department
of Administrative Services.
Any business commenced but not completed by the printing
office by the date of the transfer shall be completed by the
Department of Administrative Services, in the same manner, and
with the same effect, as if completed by the printing office. No
validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer and shall
be administered by the Department of Administrative Services. All
the printing office's rules, orders, and determinations continue
in effect as rules, orders, and determinations of the Department
of Administrative Services, until modified or rescinded by the
Department of Administrative Services. If necessary to ensure the
integrity of the Administrative Code rule numbering system, the
Director of the Legislative Service Commission shall renumber the
printing office's rules to reflect their transfer to the
Department of Administrative Services.
Employees of the Office of Information Technology designated
as staff in the printing office shall be transferred to the
Department of Administrative Services. Subject to the layoff
provisions of sections 124.321 to 124.328 of the Revised Code, the
layoff provisions of the contract between the state and all
bargaining units affected, the employees transferred to the
Department of Administrative Services retain their positions and
all benefits accruing thereto.
No judicial or administrative action or proceeding to which
the printing office is a party that is pending on July 1, 2007, or
such later date as may be established by the Director of the
Office of Information Technology and the Director of
Administrative Services, is affected by the transfer of functions.
The action or proceeding shall be prosecuted or defended in the
name of the Director of Administrative Services. On application to
the court or agency, the Director of Administrative Services shall
be substituted for the Director of the Office of Information
Technology as a party to the action or proceeding.
On and after July 1, 2007, notwithstanding any provision of
law to the contrary, the Director of Budget and Management shall
take the actions with respect to budget changes made necessary by
the transfer, including administrative reorganization, program
transfers, the creation of new funds, and the consolidation of
funds as authorized by this section. The Director of Budget and
Management may cancel encumbrances and re-establish encumbrances
or parts of encumbrances as needed in fiscal year 2008 in the
appropriate fund and appropriation item for the same purpose and
for payment to the same vendor. The Director of Budget and
Management as determined necessary, may re-establish encumbrances
in fiscal year 2008 in a different fund or appropriation item in
an agency or between agencies. The re-established encumbrances are
hereby appropriated. The Director of Budget and Management shall
reduce each year's appropriation balances by the amount of the
encumbrance canceled in their respective funds and appropriation
items.
Not later than sixty days after the transfer of the printing
office to the Department of Administrative Services, the Director
of the Office of Information Technology shall certify to the
Director of Budget and Management the amount of cash associated
with printing services supported by Fund 133, IT Services Delivery
Fund. Upon receipt of the certification, the Director of Budget
and Management shall transfer cash from Fund 133, IT Services
Delivery Fund, to Fund 210, State Printing Fund. This amount is
hereby appropriated.
Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES
FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES
Effective July 1, 2007, or the earliest date thereafter
agreed to by the Director of Job and Family Services and the
Director of Administrative Services, the Department of Job and
Family Services mail and fulfillment office, currently located on
Integrity Drive in Columbus shall become part of the Department of
Administrative Services. The functions, assets, and liabilities,
including, but not limited to, records, regardless of form or
medium, leases, and contracts, of the mail and fulfillment office
is transferred to the Department of Administrative Services. The
Department of Administrative Services is thereupon and thereafter
successor to, assumes the obligations of, and otherwise
constitutes the continuation of the mail and fulfillment office.
The functions of the mail and fulfillment office are thereupon and
thereafter transferred to the Department of Administrative
Services.
Any business commenced but not completed by the mail and
fulfillment office by the date of transfer shall be completed by
the Department of Administrative Services, in the same manner, and
with the same effect, as if completed by the mail and fulfillment
office. No validation, cure, right, privilege, remedy, obligation,
or liability is lost or impaired by reason of the transfer and
shall be administered by the Department of Administrative
Services. All of the mail and fulfillment office's rules, orders,
and determinations continue in effect as rules, orders, and
determinations of the Department of Administrative Services, until
modified or rescinded by the Department of Administrative
Services. If necessary to ensure the integrity of the
Administrative Code rule numbering system, the Director of the
Legislative Service Commission shall renumber the mail and
fulfillment office's rules to reflect their transfer to the
Department of Administrative Services.
Employees of the Department of Job and Family Services
designated as staff in the mail and fulfillment office shall be
transferred to the Department of Administrative Services. Subject
to the layoff provisions of sections 124.321 to 124.328 of the
Revised Code, and to provisions of the contract between the state
and all bargaining units affected, the employees transferred to
the Department of Administrative Services retain their positions
and all benefits accruing thereto.
No judicial or administrative action or proceeding to which
the mail and fulfillment office is a party that is pending on July
1, 2007, or such later date as may be established by the Director
of Job and Family Services and the Director of Administrative
Services, is affected by the transfer of functions. The action or
proceeding shall be prosecuted or defended in the name of the
Director of Administrative Services. On application to the court
or agency, the Director of Administrative Services shall be
substituted for the Director of Job and Family Services as a party
to the action or proceeding.
On and after July 1, 2007, notwithstanding any provision of
law to the contrary, the Director of Budget and Management shall
take the actions with respect to budget changes made necessary by
the transfer, including administrative reorganization, program
transfers, the creation of new funds, and the consolidation of
funds as authorized by this section. The Director of Budget and
Management may cancel encumbrances and re-establish encumbrances
or parts of encumbrances as needed in fiscal year 2008 in the
appropriate fund and appropriation item for the same purpose and
for payment to the same vendor. The Director of Budget and
Management, as determined necessary, may re-establish encumbrances
in fiscal year 2008 in a different fund or appropriation item in
an agency or between agencies. The re-established encumbrances are
hereby appropriated. The Director of Budget and Management shall
reduce each year's appropriation balances by the amount of the
encumbrance canceled in their respective funds and appropriation
items.
The Director of Job and Family Services and the Director of
Administrative Services shall enter into an interagency agreement
establishing terms and timetables for the implementation of this
section. The interagency agreement shall include provisions for
credits to the Department of Job and Family Services for prepaid
postage, agreements for the credit, transfer, or reimbursement of
funds to the Department of Job and Family Services to comply with
terms and conditions applicable to federal funds expended by the
department for the purchase, maintenance, and operation of
equipment, agreements for ongoing operations in compliance with
federal requirements applicable to Department of Job and Family
Services programs that utilize the mail and fulfillment services,
transfer of or sharing of lease agreements, and any other
agreements that the Director of Job and Family Services and the
Director of Administrative Services determine to be necessary for
the successful implementation of this section.
Not later than sixty days after the transfer of the mail and
fulfillment office to the Department of Administrative Services,
the Director of Job and Family Services shall certify to the
Director of Budget and Management the amount of any unexpended
balance of appropriations made to the department to support the
office. Upon receipt of the certification, the Director of Budget
and Management shall transfer the appropriations and cash to Fund
210, State Printing Fund.
Section 518.01. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND TO THE GENERAL REVENUE FUND
Notwithstanding any law to the contrary, on July 1, 2007, or
as soon as possible thereafter, and before any other transfers
from the Tobacco Master Settlement Agreement Fund (Fund 087) are
made, the Director of Budget and Management shall transfer
$9,984,248 to the General Revenue Fund from the Tobacco Master
Settlement Agreement Fund (Fund 087).
Section 518.02. EXCESS TOBACCO SECURITIZATION PROCEEDS
Any proceeds from securitization of the Tobacco Master
Settlement Agreement, after all expenses of the securitization
have been accounted for, in excess of $5,000,000,000 shall be
deposited in the School Building Program Assistance Fund (Fund
032) established in section 3318.25 of the Revised Code.
Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO
SECURITIZATION
(A) Notwithstanding any other provision of law to the
contrary, the Director of Budget and Management, periodically on
any date following the issuance of the tobacco obligations
authorized in section 183.51 of the Revised Code and through June
30, 2009, shall:
(1) Determine the amount of appropriation items 235-909,
Higher Education General Obligation Debt Service, and 230-908,
Common Schools General Obligation Debt Service, that are in excess
of the amounts needed to pay all debt service and financing costs
on those obligations payable from each of those items and transfer
all or any portion of that excess appropriation to appropriation
item 200-901, Property Tax Allocation-Education, or 110-901,
Property Tax Allocation-Taxation, or both together as needed for
the purposes of making the state's property tax relief payments to
school districts and counties.
(2) Determine the amount by which interest earnings credited
to Fund 034, Higher Education Improvement Fund, and Fund 032,
School Building Program Assistance Fund, from the investment of
the net proceeds of those tobacco obligations exceed the amount
needed to satisfy appropriations from those funds, transfer all or
part of that excess cash balance to the General Revenue Fund, and
increase appropriation item 200-901, Property Tax
Allocation-Education, or 110-901, Property Tax
Allocation-Taxation, or both together, by up to the amount of cash
so transferred to the General Revenue Fund.
(3) Determine the amount of capital appropriations in
CAP-770, School Building Assistance Program, and transfers of cash
to Fund 5E3, School Facilities Commission, that are necessary to
fully expend the amount of net proceeds deposited into Fund 032,
School Building Program Assistance Fund, from the issuance of
those tobacco obligations, and increase the appropriations for
CAP-770 and appropriation item 230-644, Operating Expenses-School
Facilities Commission, by the necessary amounts.
(4) Determine the amount of additional capital
appropriations, if any necessary to fully expend the amount of net
proceeds deposited from the issuance of those tobacco obligations
into Fund 034, Higher Education Improvement Fund.
(5) Reduce by up to $800,000,000 the amount of authorization
to issue and sell general obligations to pay the costs of capital
facilities for a system of common schools throughout the state
granted to the Ohio Public Facilities Commission by prior acts of
the General Assembly. This reduction reflects the utilization of
the net proceeds of those tobacco obligations in place of general
obligation bond proceeds to support capital appropriations payable
from Fund 032, School Building Assistance Fund.
(6) Reduce by up to $950,000,000 the amount of authorization
to issue and sell general obligations to pay the costs of capital
facilities for state-supported and state-assisted institutions of
higher education granted to the Ohio Public Facilities Commission
by prior acts of the General Assembly. This reduction reflects the
utilization of the net proceeds of those tobacco obligations in
place of general obligation bond proceeds to support capital
appropriations payable from Fund 034, Higher Education Improvement
Fund.
(B) Before the Office of Budget and Management transfers or
increases or decreases any appropriations or authorizations
described in division (A) of this section, the Office of Budget
and Management shall seek Controlling Board approval.
Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is
determined
that additional appropriations are necessary for this
purpose,
such amounts are hereby appropriated.
Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER
OF
STATE
Certain appropriations are in this act for the purpose of
making
lease rental payments pursuant to leases and agreements
relating
to bonds or notes issued by the
Ohio Building Authority
or the
Treasurer of State or, previously, by the Ohio Public
Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts
of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
hereby appropriated.
Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM
TO
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall initiate and
process disbursements from general obligation and lease rental
payment appropriation
items during the period from July 1, 2007,
to June 30, 2009,
relating to bonds or notes
issued under
Sections
2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio
Constitution, and
Chapters 151. and 154. of the Revised Code.
Disbursements shall
be made upon
certification by the Treasurer of
State, Office of the Sinking Fund, of the dates
and the amounts
due on those dates.
Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations under section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 521.06. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs under section 126.12 of the Revised Code,
the
amount required for such purpose is hereby appropriated from
the
available receipts of such fund.
Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management under this section shall
not
exceed
the amounts
transferred into the General Revenue Fund
under
division
(B) of section
126.12 of the Revised Code.
The director of an agency may certify to the Director of
Budget
and
Management the amount of expenses not allowed to be
included
in the Statewide
Indirect Cost Allocation Plan under
federal
regulations, from any fund
included in the Statewide
Indirect Cost
Allocation Plan, prepared as required
by section
126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
under section
126.02 of the Revised Code, a request for
funding
for such activities from an
alternative source such that
further
federal disallowances would not be
required.
Section 521.09. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared under division (A) of
section 126.12 of the
Revised
Code, may designate such funds as the director
considers
necessary
to retain their own interest earnings.
Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management may cancel and
re-establish all or part of encumbrances in like
amounts within
the funds identified by the plan. The amounts
necessary to
re-establish all or part of encumbrances are
hereby appropriated.
Section 603.01. That Section 4 of Sub. H.B. 2 of the 127th
General Assembly be amended to read as follows:
Sec. 4. Not later than September 28, 2007 March 31, 2008, the
Chancellor
of
the Ohio Board of Regents shall report to the
General Assembly,
in accordance with division (B) of section
101.68 of the Revised
Code, and to the Governor, recommendations
to accomplish the
following:
(A) Make college more affordable and accessible for all
Ohioans;
(B) Encourage Ohio graduates to remain in Ohio after earning
their degrees;
(C) Maximize higher education as a driver of the state's
economy.
The report also shall include a plan as to how to
appropriately utilize the Board of Regents to enhance higher
education in Ohio.
Section 603.02. That existing Section 4 of Sub. H.B. 2 of the
127th General Assembly is hereby repealed.
Section 603.03. That Section 203.10 of Am. Sub. H.B. 67 of
the 127th General Assembly be amended to read as follows:
Sec. 203.10. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2008 |
|
|
FY 2009 |
Transportation Planning and Research
Highway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
20,724,547 |
|
$ |
21,733,301 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
29,996,363 |
|
$ |
30,264,923 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
50,720,910 |
|
$ |
51,998,224 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
50,720,910 |
|
$ |
51,998,224 |
Highway Construction
Highway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
528,722,188 |
|
$ |
504,184,419 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
1,103,979,148 |
|
$ |
1,086,733,759 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
106,439,000 |
|
$ |
100,379,155 |
002 |
772-437 |
|
GARVEE Debt Service - State |
|
$ |
10,321,300 |
|
$ |
19,273,500 |
002 |
772-438 |
|
GARVEE Debt Service - Federal |
|
$ |
113,915,900 |
|
$ |
139,015,000 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
4,303,173 |
|
$ |
4,018,649 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
8,268,315 |
|
$ |
10,209,272 |
212 |
772-429 |
|
Highway Infrastructure Bank
- Local |
|
$ |
11,000,000 |
|
$ |
11,499,999 |
212 |
772-430 |
|
Infrastructure Debt Reserve Title 23-49 |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
213 |
772-431 |
|
Roadway Infrastructure Bank - State |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
213 |
772-432 |
|
Roadway Infrastructure Bank - Local |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
213 |
772-433 |
|
Infrastructure Debt Reserve - State |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,897,449,024 |
|
$ |
1,885,813,753 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
200,000,000 |
|
$ |
100,000,000 |
TOTAL 042 Highway Capital Improvement Fund Group |
|
$ |
200,000,000 |
|
$ |
100,000,000 |
Infrastructure Bank Obligations Fund Group
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
450,000,000 |
|
$ |
400,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
450,000,000 |
|
$ |
400,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
2,547,449,024 |
|
$ |
2,385,813,753 |
Highway Maintenance
Highway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
403,252,901 |
|
$ |
417,915,187 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
403,252,901 |
|
$ |
417,915,187 |
|
|
|
|
|
|
|
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
403,252,901 |
|
$ |
417,915,187 |
Public Transportation
Highway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
25,471,589 |
|
$ |
30,391,763 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment |
|
$ |
4,730,000 |
|
$ |
4,730,000 |
212 |
775-408 |
|
Transit Infrastructure Bank - Local |
|
$ |
2,500,000 |
|
$ |
812,685 |
212 |
775-455 |
|
Title 49 Infrastructure Bank - State |
|
$ |
476,485 |
|
$ |
312,795 |
213 |
775-457 |
|
Transit Infrastructure Bank - State |
|
$ |
500,000 |
|
$ |
312,082 |
213 |
775-460 |
|
Transit Infrastructure Bank - Local |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
36,178,074 |
|
$ |
39,059,325 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
36,178,074 |
|
$ |
39,059,325 |
Rail Transportation
Federal Special Revenue Group
3B9 |
776-662 |
|
Rail Transportation - Federal |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
Highway Operating Fund Group
002 |
776-462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
State Special Revenue Fund Group
4N4 |
776-663 |
|
Panhandle Lease Reserve Payments |
|
$ |
762,500 |
|
$ |
763,700 |
4N4 |
776-664 |
|
Rail Transportation - Other |
|
$ |
2,111,500 |
|
$ |
2,111,500 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,874,000 |
|
$ |
2,875,200 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
17,884,000 |
|
$ |
17,885,200 |
Aviation
State Special Revenue Fund Group
5W9 |
777-615 |
|
County Airport Maintenance |
|
$ |
570,000 |
|
$ |
570,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
570,000 |
|
$ |
570,000 |
Highway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
5,210,000 |
|
$ |
5,358,100 |
213 |
777-477 |
|
Aviation Infrastructure Bank - State |
|
$ |
2,000,000 |
|
$ |
3,500,000 |
213 |
777-478 |
|
Aviation Infrastructure Bank - Local |
|
$ |
5,996,118 |
|
$ |
6,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,611,118 |
|
$ |
15,263,100 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
14,181,118 |
|
$ |
15,833,100 |
Administration
Highway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
120,262,864 |
|
$ |
122,601,493 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
120,262,864 |
|
$ |
122,601,493 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
120,262,864 |
|
$ |
122,601,493 |
Debt Service
Highway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
10,555,300 |
|
$ |
3,614,700 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
10,555,300 |
|
$ |
3,614,700 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
10,555,300 |
|
$ |
3,614,700 |
TOTAL Department of Transportation
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,547,030,191 |
|
$ |
2,551,265,782 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
200,000,000 |
|
$ |
100,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
450,000,000 |
|
$ |
400,000,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
3,444,000 |
|
$ |
3,445,200 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,200,484,191 |
|
$ |
3,054,720,982 |
DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING
Pursuant to section 121.51 of the Revised Code, the Director
of Budget and Management, in conjunction with the Inspector
General, shall prepare a schedule to transfer the necessary
amounts from the Highway Operating Fund to the Deputy Inspector
General for ODOT Fund to pay for the activities of the Deputy
Inspector General. The amounts transferred are hereby
appropriated.
Section 603.04. That existing Section 203.10 of Am. Sub.
H.B.
67 of the 127th General Assembly is hereby repealed.
*Section 603.05. That Sections 203.50, 209.10, 227.10,
555.08, and 557.10 of Am. Sub. H.B. 67 of the 127th General
Assembly be
amended to read as follows:
Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway
Construction
- State, $5,000,000 shall be used in each fiscal year
during the fiscal year
2008-2009 biennium by the Department of
Transportation
for the
construction, reconstruction, or
maintenance of public
access
roads, including support features, to
and within state
facilities owned
or operated by the Department of
Natural
Resources.
Notwithstanding section 5511.06 of the Revised Code, of the
foregoing appropriation item 772-421, Highway Construction -
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009
biennium
shall be used by the Department of Transportation for the
construction,
reconstruction, or maintenance of park drives or
park roads
within the boundaries of metropolitan parks.
Included in the foregoing appropriation item 772-421, Highway
Construction - State, the department may perform
related
road work
on behalf of the Ohio Expositions Commission at the
state
fairgrounds, including reconstruction or maintenance of
public
access roads and support features, to and within fairground
facilities as requested by the commission and approved by the
Director of Transportation.
PUBLIC SCHOOL ENTRANCE IMPROVEMENTS
Of the foregoing appropriation item 779-491,
Administration-State, $4,000,000 in fiscal year 2008, shall be
used by the Department of Transportation to make grants available
for state highway improvements at public school entrances under
the following conditions:
(A) The school is receiving assistance from the Ohio School
Facilities Commission for the renovation or construction of new
school facilities.
(B) The state highway improvements are to be made at
entrances within school zones.
Grant awards shall be limited to $500,000 per school
district, and are contingent on local government officials or the
participating school district, or both, matching 25 per cent of
the improvement cost.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made to the Department of Transportation,
Highway Operating Fund, not otherwise restricted by law, is
available
to liquidate unforeseen liabilities arising from
contractual
agreements of prior years when the prior year
encumbrance is
insufficient.
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
253,967,276 |
|
$ |
267,539,597 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
3,061,817 |
|
$ |
3,340,468 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
7,945,555 |
|
$ |
8,275,898 |
83G |
764-633 |
|
OMVI Enforcement/Education |
|
$ |
650,000 |
|
$ |
650,000 |
83J |
764-693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
83T |
764-694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,455,484 |
|
$ |
2,455,484 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
5,665,690 |
|
$ |
6,132,592 |
831 |
769-631 |
|
Homeland Security - Federal |
|
$ |
1,500,000 |
|
$ |
1,552,500 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
10,893,146 |
|
$ |
11,553,959 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
175,000 |
|
$ |
175,000 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,396,283 |
|
$ |
1,396,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
6,231,916 |
|
$ |
6,155,385 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
840 |
769-632 |
|
Homeland Security - Operating |
|
$ |
1,913,276 |
|
$ |
1,989,807 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,339,399 |
|
$ |
1,339,399 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
301,977,111 |
|
$ |
317,338,641 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
335,862 |
|
$ |
389,149 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
|
$ |
335,862 |
|
$ |
389,149 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
302,312,973 |
|
$ |
317,727,790 |
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
TRAFFIC SAFETY OPERATING FUND
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway
Safety Fund (Fund 036). The Director of Budget and Management
shall cancel any existing encumbrances against appropriation item
764-688, Traffic Safety Operating, and re-establish them against
appropriation item 764-321, Operating Expense – Highway Patrol.
The amounts of the re-established encumbrances are hereby
appropriated. Upon completion of these transfers, the Traffic
Safety Operating Fund (Fund 5AY) is hereby abolished.
CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND
Effective July 1, 2007, the Treasurer of State, prior to
making any of the distributions listed in sections 5735.23,
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit
at least the first $1,250,000 and up to $1,600,000 received each
month to the credit of the State Highway Safety Fund (Fund 036)
pursuant to a schedule determined by the Director of Budget and
Management.
Sec. 227.10. DEV DEPARTMENT OF DEVELOPMENT
State Special Revenue Fund Group
4W0 |
195-629 |
|
Roadwork Development |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
ROADWORK DEVELOPMENT FUND
The Roadwork Development Fund shall be used for road
improvements associated
with economic development opportunities
that will retain or attract businesses
for Ohio.
"Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site.
The Department of Transportation, under the direction of the
Department of
Development, shall provide these funds in accordance
with all guidelines and
requirements established for Department of
Development appropriation item
195-412, Business
Development,
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 5a
of Article
XII, Ohio Constitution.
Should the Department of
Development require the
assistance of the Department of
Transportation to bring a project to
completion, the Department of
Transportation shall use its authority under
Title LV of the
Revised Code to provide such assistance and enter into
contracts
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with appropriation item 195-412,
Business
Development, or any
other state funds appropriated for
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Development or as otherwise
determined by the Director of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W0), less any other
available cash. The Director
shall transfer to the Roadwork
Development Fund from the Highway Operating Fund (Fund 002),
established in section 5735.291 of the Revised Code, such amounts
at such times as determined by the transfer schedule.
Of the foregoing appropriation item 195-629, Roadwork
Development, $1,000,000 over the fiscal year 2008-2009 biennium
shall be used for improvements to the State Route 33 Avery
Muirfield Interchange.
TRANSPORTATION IMPROVEMENT DISTRICTS
Notwithstanding section 5540.151 of the Revised Code, of the
foregoing appropriation item 195-629, Roadwork Development,
$250,000 in each fiscal year of the biennium shall be granted by
the Director of Development to each of the transportation
improvement districts of Butler, Clermont, Hamilton, Lorain,
Medina, Montgomery, Muskingum, and Stark counties and to the
Rossford Transportation Improvement District in Wood County. Any
grant made under this paragraph is not subject to the restrictions
of appropriation item 195-629, Roadwork Development.
Sec. 555.08. The Department of Transportation shall construct
the major new construction projects selected by the Transportation
Review Advisory Council on December 20, 2006, as Tier I projects
for construction in fiscal years 2007 through 2013 and shall not
undertake other major new construction projects until construction
of such selected Tier I projects has commenced in accordance with
the December 20, 2006, recommendations. However, nothing in this
section shall require the Department of Transportation to
undertake the major new Tier I construction projects selected by
the Transportation Review Advisory Council on December 20, 2006,
ahead of projects selected as Tier I projects prior to that date;
the Department may continue with such previously selected Tier I
projects in accordance with the prior recommendations. The
Transportation Review Advisory Council may recommend additional
major new projects in accordance with the policies promulgated by
the Council, but new Tier I projects shall not be given priority
over Tier I projects recommended on December 20, 2006.
Sec. 557.10. (A) Notwithstanding Chapter 5735. of the
Revised
Code, the following shall apply for the period of July 1,
2007,
through June 30, 2009:
(A)(1) For the discount under section 5735.06 of the Revised
Code, if the monthly report is timely filed and the tax is timely
paid, 1.0 per cent % of the total number of gallons of motor fuel
received by the motor fuel dealer within the state during the
preceding calendar month, less the total number of gallons
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of
the Revised Code, less 0.50 per cent % of the total number of
gallons of motor fuel that were sold to a retail dealer during the
preceding calendar month.
(2) For the semiannual periods ending December 31, 2007, June
30, 2008, December 31, 2008, and June 30, 2009, the refund
provided to retail dealers under section 5735.141 of the Revised
Code shall be 0.50 per cent % of the Ohio motor fuel taxes paid on
fuel purchased during those semiannual periods.
(B) Each retail If the monthly report is timely filed and the
tax is timely paid, each motor fuel dealer is allowed a vendor tax
collection and administration discount equal to 0.90% of the motor
fuel taxes paid on motor fuel purchased received by the retail
motor fuel dealer during each of the semiannual periods occurring
during the biennium beginning July 1, 2007, and ending June 30,
2009. The vendor discount shall be refunded to the retail dealer
upon application by the dealer to the Tax Commissioner within 120
days after the end of each such semiannual period in the manner
prescribed by the Tax Commissioner on which the dealer remits the
motor fuel tax. The discount shall be taken by the motor fuel
dealer on the dealer's monthly motor fuel tax report. The vendor
discount is in addition to any other discount or refund allowed
the motor fuel dealer under division (A) of this section. The
vendor discount shall be paid in the same manner and from the same
fund as prescribed in section 5735.141 of the Revised Code. As
used in this section, "motor fuel" and "retail "motor fuel dealer"
have the same meanings as in section 5735.01 of the Revised Code.
*Section 603.06. That existing Sections 203.50, 209.10,
227.10, 555.08, and 557.10 of Am. Sub. H.B. 67 of the 127th
General
Assembly are hereby repealed.
Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of
the 126th General Assembly be amended to read as follows:
Sec. 252.70. OSU OHIO STATE UNIVERSITY
CAP-074 |
|
Basic Renovations |
|
$ |
19,255,664 |
CAP-149 |
|
Basic Renovations - Regional Campuses |
|
$ |
2,083,163 |
CAP-198 |
|
Brown Hall Annex Replacement |
|
$ |
6,213 |
CAP-254 |
|
Basic Renovations - ATI |
|
$ |
127,444 |
CAP-255 |
|
Supplemental Renovations - OARDC |
|
$ |
2,826,343 |
CAP-256 |
|
Supplemental Renovations - Regional |
|
$ |
191,955 |
CAP-258 |
|
Dreese Lab Addition |
|
$ |
12,340 |
CAP-261 |
|
Bioscience/Parks Hall Addition |
|
$ |
12,584 |
CAP-269 |
|
Greenhouse Modernization |
|
$ |
40,982 |
CAP-271
|
|
Horticulture/Entomology Greenhouse - OARDC |
|
$ |
15,344 |
CAP-292 |
|
Life Sciences Research Building |
|
$ |
202,898 |
CAP-302 |
|
Food Science
& Technology Building |
|
$ |
89,990 |
CAP-306 |
|
Heart
& Lung Institute |
|
$ |
32,437 |
CAP-311 |
|
Superconducting Radiation |
|
$ |
65,094 |
CAP-313 |
|
Brain Tumor Research Center |
|
$ |
6,001 |
CAP-314 |
|
Engineering Center Net Shape Manufacturing |
|
$ |
20,730 |
CAP-315 |
|
Membrane Protein Typology |
|
$ |
8,835 |
CAP-316 |
|
Instructional and Data Processing Equipment |
|
$ |
198,844 |
CAP-321 |
|
Fine Particle Technologies
|
|
$ |
157,936 |
CAP-323 |
|
Advanced Plasma Engineering |
|
$ |
22,379 |
CAP-324 |
|
Plasma Ramparts |
|
$ |
1,150 |
CAP-326 |
|
IN-SITU AL-BE Composites |
|
$ |
1,733 |
CAP-335 |
|
Jay Cooke Residence - Roof and Windows |
|
$ |
86,668 |
CAP-347 |
|
Asbestos Abatement |
|
$ |
5,325 |
CAP-349 |
|
Materials Network |
|
$ |
91,983 |
CAP-350 |
|
Bio-Technology Consortium |
|
$ |
42,378 |
CAP-352 |
|
Analytical Electron Microscope |
|
$ |
375,000 |
CAP-353 |
|
High Temp Alloys
& Alluminoids |
|
$ |
220,000 |
CAP-357 |
|
Supplemental Renovations - ATI |
|
$ |
33,969 |
CAP-361 |
|
Maintenance, Receiving, and Storage Facility - Marion |
|
$ |
58,646 |
CAP-362 |
|
McPherson Lab Rehabilitation
|
|
$ |
10,278 |
CAP-368
|
|
Heart and Lung Institute |
|
$ |
101,808 |
CAP-374 |
|
ADA Modifications |
|
$ |
178,870 |
CAP-375 |
|
ADA Modifications - ATI |
|
$ |
41,936 |
CAP-376 |
|
ADA Modifications - Lima |
|
$ |
95,538 |
CAP-377 |
|
ADA Modifications - Mansfield |
|
$ |
15,253 |
CAP-387 |
|
Titanium Alloys |
|
$ |
54,912 |
CAP-394 |
|
ATI/OARDC Roof Replacements |
|
$ |
13,913 |
CAP-398 |
|
Advanced Manufacturing |
|
$ |
38,579 |
CAP-399 |
|
Manufacturing Processes/Materials |
|
$ |
62,574 |
CAP-401 |
|
Terhertz Studies |
|
$ |
35,294 |
CAP-406 |
|
Marion Park/Road/Sidewalk/Lights |
|
$ |
2,750 |
CAP-413 |
|
Pomerene Lighting/Wiring |
|
$ |
249,584 |
CAP-419 |
|
NMR Consortium |
|
$ |
75,116 |
CAP-420 |
|
Versatile Film Facility |
|
$ |
62,872 |
CAP-421 |
|
OCARNET |
|
$ |
5,916 |
CAP-422 |
|
Bioprocessing Research |
|
$ |
1,905 |
CAP-423 |
|
Localized Corrosion Research |
|
$ |
6,128 |
CAP-424 |
|
ATM Testbed |
|
$ |
3,633 |
CAP-425 |
|
Physical Sciences Building |
|
$ |
27,748 |
CAP-427 |
|
Morrill Hall Remodeling - Vacated Library Space - Marion |
|
$ |
1,347,191 |
CAP-431 |
|
Sisson Hall Replacement |
|
$ |
5,571 |
CAP-436 |
|
Machinery Acoustics |
|
$ |
3,804 |
CAP-439 |
|
Sensors and
Measurements |
|
$ |
15,115 |
CAP-440 |
|
Polymer Magnets |
|
$ |
1,099 |
CAP-458 |
|
A1 Alloy Corrosion |
|
$ |
14,292 |
CAP-484 |
|
Page Hall Planning |
|
$ |
7,210 |
CAP-485 |
|
Botany
& Zoology Building Planning |
|
$ |
207,932 |
CAP-486 |
|
Larkins Hall Addition/Renovation Planning |
|
$ |
26,206 |
CAP-487 |
|
Robinson Laboratory Planning |
|
$ |
149,100 |
CAP-488 |
|
Don Scott Field Replacement Barns |
|
$ |
1,495,619 |
CAP-489 |
|
Galvin Hall 3rd Floor Renovation - Lima |
|
$ |
22,135 |
CAP-491 |
|
Horticultural Operations Center - ATI |
|
$ |
1,474,400 |
CAP-492 |
|
OARDC Feed Mill |
|
$ |
5,598,644 |
CAP-499 |
|
Biological Sciences Cooling Tower |
|
$ |
6,930 |
CAP-509 |
|
Mount Hall HVAC Modifications |
|
$ |
40,982 |
CAP-519 |
|
Ohio Biomedical Consortium on Medical
Therapeutic Micro Devices |
|
$ |
49,275 |
CAP-520 |
|
Plant and Microbe Functional Genomics
Facilities |
|
$ |
16,259 |
CAP-523 |
|
Consortium for Novem Microfabrications
Methods of Medical Devices in Non-Silicon Materials |
|
$ |
193,886 |
CAP-524 |
|
Bone
& Mineral Metabolism Research Lab |
|
$ |
5,845 |
CAP-531 |
|
Animal
& Plant Biology Level 3 |
|
$ |
8,133,780 |
CAP-534 |
|
Main Library Rehabilitation |
|
$ |
9,320,846 |
CAP-535 |
|
Psychology Building
|
|
$ |
2,128,529 |
CAP-536 |
|
Thorne Hall and Gowley Hall Renovations - Phase 3 |
|
$ |
199,799 |
CAP-539 |
|
Nanosecond Infrared Measurement |
|
$ |
2,588 |
CAP-550 |
|
Millimeter/Submillimeter Instrument |
|
$ |
5,919 |
CAP-552 |
|
X-Ray Powder Diffractometer |
|
$ |
558 |
CAP-554 |
|
Deconvolution Microscope |
|
$ |
1,101 |
CAP-556 |
|
Heart/Lung Institute Animal Facility |
|
$ |
13,140 |
CAP-564 |
|
Denney Hall Renovation - Phase I |
|
$ |
18,495 |
CAP-565 |
|
Ion Mass Spectrometry |
|
$ |
6,594 |
CAP-568 |
|
Role of Molecular Interfaces |
|
$ |
17,554 |
CAP-572 |
|
New Millimeter Spectrometer |
|
$ |
714 |
CAP-574 |
|
Noncredit Job Training - Marion |
|
$ |
2,933 |
CAP-576 |
|
1224 Kinnear Road - Bale |
|
$ |
11,722 |
CAP-577 |
|
Non-Silicon Micromachining |
|
$ |
73,991 |
CAP-579 |
|
Veterinary Hospital Auditorium Renovation |
|
$ |
7,736 |
CAP-586 |
|
Electroscience Lab Renovation |
|
$ |
5,853 |
CAP-587 |
|
OARDC Boiler Replacement |
|
$ |
622,757 |
CAP-590 |
|
Supercomputer Center Expansion |
|
$ |
6,804,275 |
CAP-596 |
|
Information Literacy |
|
$ |
135,574 |
CAP-597 |
|
Online Business Major |
|
$ |
5,768 |
CAP-599 |
|
Renovation of Graves Hall |
|
$ |
68,196 |
CAP-602 |
|
OARDC Wooster Phone System Replacement |
|
$ |
467,398 |
CAP-605 |
|
Utility - North Tunnel Steamline Upgrade |
|
$ |
111,981 |
CAP-608 |
|
Dual Beam Characterization |
|
$ |
150,000 |
CAP-616 |
|
Environmental Technology Consortium |
|
$ |
11,297 |
CAP-617 |
|
Campbell, University, and Evans Hall |
|
$ |
87,439 |
CAP-620 |
|
School of Music - Planning |
|
$ |
1,500 |
CAP-622 |
|
Western Branch Headquarters & Machinery Building |
|
$ |
779,525 |
CAP-624 |
|
Muck Crops Branch/Shop Building Replacement |
|
$ |
756,336 |
CAP-625 |
|
Hazardous Waste Handling/Storage Building |
|
$ |
1,103,062 |
CAP-626 |
|
Agriculture/Engineering Building Renovation & Addition |
|
$ |
200,000 |
CAP-628 |
|
Wood County Center for Agriculture |
|
$ |
1,000,000 |
CAP-629 |
|
Community Heritage Art Gallery - Lima |
|
$ |
100,000 |
CAP-631 |
|
Health Psychology |
|
$ |
250,000 |
CAP-632 |
|
Nanotechnology Molecular Assembly |
|
$ |
500,000 |
CAP-633 |
|
Networking and Communication |
|
$ |
500,000 |
CAP-634 |
|
Planetary Gear |
|
$ |
125,000 |
CAP-635 |
|
X-Ray Fluorenscence Spectrometer |
|
$ |
2,283 |
CAP-636 |
|
Precision Navigation |
|
$ |
85,000 |
CAP-637 |
|
Welding & Metal Working |
|
$ |
200,000 |
CAP-638 |
|
Spin Driven Electronics |
|
$ |
6,436 |
CAP-639 |
|
Inductively Coupled Plasma Etching |
|
$ |
126,729 |
CAP-641 |
|
Accelerated Metals |
|
$ |
1,020,331 |
CAP-642 |
|
Mathematical Biosciences Institute |
|
$ |
54,863 |
CAP-646 |
|
Mershon Auditorium HVAC System
Improvements |
|
$ |
2,098 |
CAP-647 |
|
Molecular Microdevices |
|
$ |
14,033 |
CAP-648 |
|
Research Center HVAC System Improvements |
|
$ |
17,088 |
CAP-649 |
|
Infrared Absorption Measurements |
|
$ |
2,899 |
CAP-650 |
|
Dark Fiber |
|
$ |
3,983,440 |
CAP-651 |
|
Shared Data Backup System |
|
$ |
20,922 |
CAP-653 |
|
Third Frontier Network Testbed |
|
$ |
280,564 |
CAP-654 |
|
Distributed Learning Workshop |
|
$ |
270,000 |
CAP-656 |
|
Accelerated Maturation of Materials |
|
$ |
209,702 |
CAP-657 |
|
Nanoscale Polymers Manufacturing |
|
$ |
629,699 |
CAP-658 |
|
Hydrogen Production and Storage |
|
$ |
32,396 |
CAP-659 |
|
Ohio Organic Semiconductor |
|
$ |
367,587 |
CAP-663 |
|
Comprehensive Cancer - Chiller Replacement |
|
$ |
42,687 |
CAP-664 |
|
Kottman Hall - 103 Central Classroom |
|
$ |
19,285 |
CAP-668 |
|
West Campus Chilled Water & Scott Hall |
|
$ |
16,139 |
CAP-669 |
|
McCracken Power Plant Spill Control |
|
$ |
268,508 |
CAP-670 |
|
Glacial Assessment |
|
$ |
22,764 |
CAP-672 |
|
Chemical Vapor Deposition |
|
$ |
13,500 |
CAP-674 |
|
Parks Hall Chiller Replacement |
|
$ |
135,360 |
CAP-675 |
|
Hybrid Electric Vehicle Modeling |
|
$ |
504,536 |
CAP-676 |
|
Computational Nanotechnology |
|
$ |
500,000 |
CAP-677 |
|
Townshend Hall - Roof Replacement |
|
$ |
328,772 |
CAP-678 |
|
Center For Materials Design |
|
$ |
1,037 |
CAP-681 |
|
Vet Hospital Roof Replacement Phase II |
|
$ |
85,645 |
CAP-682 |
|
Hopkins Hall Phase II Priorities I, II |
|
$ |
108,052 |
CAP-683 |
|
Bioscience 6th Floor Renovation - Priority |
|
$ |
983,186 |
CAP-684 |
|
Ohio Commons For Digital Education |
|
$ |
118,924 |
CAP-685 |
|
Postle Hall Fire Alarm Replacement |
|
$ |
116,441 |
CAP-686 |
|
NonCredit Job Education & Training |
|
$ |
21,104 |
CAP-687 |
|
Campus South Dorms Renovation/Improvements |
|
$ |
950,000 |
CAP-688 |
|
Bricker Hall Roof Replacement |
|
$ |
23,123 |
CAP-694 |
|
Neuroscience Center Core |
|
$ |
193,991 |
CAP-696 |
|
Campus Grounds-Exterior Lighting - Phase VIII |
|
$ |
33,814 |
CAP-697 |
|
930 Kinnear Road Renovations |
|
$ |
773,303 |
CAP-698 |
|
Waterman Lab & Don Scott Field |
|
$ |
652,752 |
CAP-699 |
|
Lincoln Tower Renovations - Phase 1 |
|
$ |
477,626 |
CAP-700 |
|
Coe Corrosion Coop |
|
$ |
58,750 |
CAP-701 |
|
OSU Cancer Program Expansion |
|
$ |
2,000,000 |
CAP-702 |
|
Smith Laboratory Rehabilitation |
|
$ |
2,800,000 |
CAP-704 |
|
Warner Library and Student Center |
|
$ |
1,789,324 |
CAP-705 |
|
Hopewell Hall Science Suite |
|
$ |
508,408 |
CAP-706 |
|
Atomic Force Microscopy |
|
$ |
180,000 |
CAP-707 |
|
Interactive Applications |
|
$ |
463,018 |
CAP-712 |
|
OSU Mansfield - Third Street Project |
|
$ |
234,000 |
CAP-714 |
|
Health Psychology |
|
$ |
150,000 |
CAP-716 |
|
Ohio Bioproducts Innovation Center |
|
$ |
9,689,847 |
CAP-717 |
|
Center for Materials Design |
|
$ |
602,615 |
CAP-718 |
|
Specialized Planetary Gears |
|
$ |
150,000 |
CAP-719 |
|
OSU Agricultural Building |
|
$ |
1,500,000 |
CAP-720 |
|
Automated Afm System |
|
$ |
180,000 |
CAP-721 |
|
Integrated Wireless Communication |
|
$ |
141,000 |
Total Ohio State University |
|
$ |
105,955,671 |
The amount reappropriated for the foregoing appropriation
item CAP-074, Basic Renovations, is the sum of the unencumbered
and unallotted balance as of June 30, 2006, in appropriation item
CAP-074, Basic Renovations, plus $6,927.
OARDC THORNE & GOURLEY HALL
The amount reappropriated for the foregoing appropriation
item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.
WOOD COUNTY CENTER FOR AGRICULTURE
Of the foregoing appropriation item CAP-628, Wood County
Center for Agriculture, up to $300,000 shall be used for building
renovations to the OSU Extension Office/Ag Business Enhancement
Center.
The remainder of appropriation item CAP-628, Wood County
Center for Agriculture, shall be used for an alternative energy
generation project at the East Gypsy Lane Complex in Wood County
or an agricultural energy facility recommended by the Wood County
commissioners.
Section 605.06. That existing Section 252.70 of Am. Sub. H.B.
530 of the 126th General Assembly is hereby repealed.
Section 605.17. That Sections 227.10, 235.10.50, and
235.50.80 of Am. Sub. H.B. 699 of the 126th General Assembly be
amended to read as follows:
Sec. 227.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030),
that are not
otherwise appropriated.
AFC CULTURAL FACILITIES COMMISSION
CAP-734 |
|
Hayes Center Renov & Repairs |
|
$ |
300,000 |
CAP-745 |
|
Renovations and Repairs |
|
$ |
850,000 |
CAP-763 |
|
Historic Site Signage |
|
$ |
250,000 |
CAP-770 |
|
Serpent Mound Improvements |
|
$ |
340,000 |
CAP-781 |
|
Information Technology Project |
|
$ |
364,000 |
CAP-784 |
|
Center Rehabilitation |
|
$ |
1,035,000 |
CAP-803 |
|
Digitization of Collections |
|
$ |
300,000 |
CAP-809 |
|
Exhibit Replace/Orientation |
|
$ |
415,000 |
CAP-910 |
|
Collections Facility Planning |
|
$ |
1,240,000 |
CAP-911 |
|
W.P. Snyder Restoration |
|
$ |
876,000 |
CAP-912 |
|
Lockington Locks Restoration |
|
$ |
172,000 |
CAP-913 |
|
Huntington Park |
|
$ |
7,000,000 |
CAP-914 |
|
Schuster Center for the Performing Arts |
|
$ |
5,500,000 |
CAP-916 |
|
Cincinnati Symphony Orchestra - Riverbend |
|
$ |
3,000,000 |
CAP-917 |
|
Marina District Amphitheatre |
|
$ |
2,900,000 |
CAP-918 |
|
Cincinnati Museum Center |
|
$ |
2,000,000 |
CAP-919 |
|
National Underground Railroad Freedom Center |
|
$ |
2,000,000 |
CAP-920 |
|
Cincinnati Sports Facility Improvements |
|
$ |
2,000,000 |
CAP-921 |
|
Pro Football Hall of Fame |
|
$ |
1,650,000 |
CAP-922 |
|
Heritage Center of Dayton Manufacturing & Entrepreneurship |
|
$ |
1,300,000 |
CAP-923 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-925 |
|
COSI Columbus |
|
$ |
1,000,000 |
CAP-926 |
|
Columbus Museum of Art |
|
$ |
1,000,000 |
CAP-927 |
|
Mason ATP Tennis Center |
|
$ |
1,300,000 |
CAP-928 |
|
Stan Hywet Hall and Gardens |
|
$ |
1,175,000 |
CAP-929 |
|
Akron Art Museum |
|
$ |
1,000,000 |
CAP-930 |
|
Sauder Village |
|
$ |
830,000 |
CAP-931 |
|
Horvitz Center for the Arts |
|
$ |
750,000 |
CAP-932 |
|
Ensemble Theatre |
|
$ |
750,000 |
CAP-933 |
|
Voice of America Museum |
|
$ |
750,000 |
CAP-934 |
|
Cleveland Steamship Mather |
|
$ |
600,000 |
CAP-935 |
|
Cuyahoga County Soldiers' and Sailors Monument |
|
$ |
500,000 |
CAP-936 |
|
King-Lincoln Arts & Entertainment District |
|
$ |
500,000 |
CAP-937 |
|
Art Academy of Cincinnati |
|
$ |
500,000 |
CAP-938 |
|
Great Lakes Historical Society |
|
$ |
500,000 |
CAP-939 |
|
McKinley Museum |
|
$ |
425,000 |
CAP-940 |
|
Charles A. Eulett Education Center and Appalachian Museum |
|
$ |
300,000 |
CAP-942 |
|
Davis Shai Historical Facility |
|
$ |
300,000 |
CAP-943 |
|
Massillon Museum |
|
$ |
275,000 |
CAP-944 |
|
The Mandel Center |
|
$ |
250,000 |
CAP-945 |
|
Worthington Arts Center |
|
$ |
250,000 |
CAP-946 |
|
CCAD |
|
$ |
250,000 |
CAP-947 |
|
BalletMet |
|
$ |
250,000 |
CAP-948 |
|
Stambaugh Hall Improvements |
|
$ |
250,000 |
CAP-949 |
|
Youngstown Symphony Orchestra |
|
$ |
250,000 |
CAP-950 |
|
Wood County Historical Center & Museum |
|
$ |
220,000 |
CAP-951 |
|
Harding Memorial |
|
$ |
210,000 |
CAP-952 |
|
Cincinnati Ballet |
|
$ |
200,000 |
CAP-953 |
|
City of Avon Stadium Complex |
|
$ |
200,000 |
CAP-954 |
|
Renaissance Performing Arts Center |
|
$ |
200,000 |
CAP-956 |
|
Oxford Arts Center Historic Renovation |
|
$ |
174,000 |
CAP-957 |
|
Wayne County Historical Society - Lincoln Highway |
|
$ |
170,000 |
CAP-958 |
|
Maumee Valley Historical Society |
|
$ |
150,000 |
CAP-959 |
|
Trumbull County Historical Society |
|
$ |
150,000 |
CAP-960 |
|
First Lunar Flight Project |
|
$ |
25,000 |
CAP-961 |
|
Holmes County Historical Society Improvements |
|
$ |
140,000 |
CAP-962 |
|
Canal Winchester Historical Society |
|
$ |
125,000 |
CAP-963 |
|
Ukrainian Museum |
|
$ |
100,000 |
CAP-964 |
|
Gordon Square Arts District |
|
$ |
100,000 |
CAP-965 |
|
Moreland Theatre Renovation |
|
$ |
100,000 |
CAP-966 |
|
Karamu House |
|
$ |
100,000 |
CAP-967 |
|
Symmes Township Historical Society - Ross House |
|
$ |
100,000 |
CAP-968 |
|
Springfield Veterans Park Amphitheatre |
|
$ |
100,000 |
CAP-969 |
|
Gallia County Historical Genealogical Society |
|
$ |
100,000 |
CAP-970 |
|
Gallia County French Art Colony |
|
$ |
100,000 |
CAP-971 |
|
The Octagon House |
|
$ |
100,000 |
CAP-972 |
|
Vinton County Stages - Pavilion Project |
|
$ |
100,000 |
CAP-973 |
|
County Line Historical Society (Wayne/Holmes) |
|
$ |
100,000 |
CAP-974 |
|
Paul Brown Museum |
|
$ |
75,000 |
CAP-975 |
|
The Works - Ohio Center for History, Art and Technology |
|
$ |
75,000 |
CAP-976 |
|
Van Wert Historical Society |
|
$ |
70,000 |
CAP-977 |
|
Indian Mill Renovations |
|
$ |
66,000 |
CAP-978 |
|
Hale Farm & Village |
|
$ |
50,000 |
CAP-979 |
|
Howe House Historic Site |
|
$ |
50,000 |
CAP-980 |
|
Beavercreek Community Theatre |
|
$ |
50,000 |
CAP-981 |
|
Jamestown Opera House |
|
$ |
50,000 |
CAP-982 |
|
Johnny Appleseed Museum |
|
$ |
50,000 |
CAP-983 |
|
Vinton County Historical Society - Alice's House Project |
|
$ |
50,000 |
CAP-984 |
|
Woodward Opera House |
|
$ |
50,000 |
CAP-985 |
|
Little Brown Jug Facility Improvements |
|
$ |
50,000 |
CAP-986 |
|
Applecreek Historical Society |
|
$ |
50,000 |
CAP-987 |
|
Wyandot Historic Building Renovation |
|
$ |
50,000 |
CAP-988 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
30,000 |
CAP-989 |
|
Bucyrus Historic Depot Renovations |
|
$ |
30,000 |
CAP-990 |
|
Myers Historical Stagecoach Inn Renovation |
|
$ |
25,000 |
CAP-991 |
|
Arts West Performing Arts Center |
|
$ |
25,000 |
CAP-992 |
|
Chester Academy Historic Building |
|
$ |
25,000 |
CAP-993 |
|
Portland Civil War Museum and Historic Displays |
|
$ |
25,000 |
CAP-994 |
|
Morgan County Historic Opera House |
|
$ |
25,000 |
CAP-996 |
|
Crawford Antique Museum |
|
$ |
9,000 |
CAP-997 |
|
Monroe City Historical Society Building Repairs |
|
$ |
5,000 |
CAP-998 |
|
Wright-Dunbar Historical |
|
$ |
250,000 |
CAP-041 |
|
Cleveland Playhouse |
|
$ |
200,000 |
CAP-081 |
|
Hip Klotz Memorial Facility Improvements |
|
$ |
150,000 |
CAP-082 |
|
Music Hall Garage |
|
$ |
1,000,000 |
CAP-083 |
|
AB Graham Center |
|
$ |
40,000 |
CAP-084 |
|
Bradford Ohio Railroad Museum Restoration |
|
$ |
30,000 |
CAP-085 |
|
WACO Aircraft Museum |
|
$ |
30,000 |
CAP-086 |
|
Fort Recovery Renovations |
|
$ |
100,000 |
CAP-087 |
|
Columbus Children's Hospital Amphitheater |
|
$ |
1,000,000 |
Total Cultural Facilities Commission |
|
$ |
55,296,000 55,096,000 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
55,296,000 55,096,000 |
Sec. 235.10.50. THIRD FRONTIER WRIGHT CAPITAL
Notwithstanding sections 151.01 and 151.04 of the Revised
Code, of the foregoing appropriation item CAP-068, Third Frontier
Wright Capital, up to $11,400,000 in fiscal year 2008 shall be
used by the Office of Information Technology, in partnership with
the Ohio Supercomputer Center's OSCnet, to acquire the equipment
and services necessary to migrate state agencies' network to the
existing OSCnet network backbone. This state network shall be
known as the NextGen Network.
The remainder of foregoing appropriation item CAP-068, Third
Frontier Wright Capital, shall be used to acquire, renovate, or
construct
facilities and purchase equipment for research programs,
technology
development, product development, and commercialization
programs
at or involving state-supported and state-assisted
institutions of
higher education. The funds shall be used to make
grants awarded
on a competitive basis, and shall be administered
by the Third
Frontier Commission. Expenditure of these funds shall
comply with
Section 2n of Article VIII, Ohio Constitution, and
sections 151.01
and 151.04 of the Revised Code for the period
beginning July 1,
2006, and ending June 30, 2008.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item CAP-068, Third Frontier Wright Capital.
The
Commission may develop these guidelines in consultation with
other
interested parties. The Board of Regents and all
state-assisted
and state-supported institutions of higher
education shall take
all actions necessary to implement grants
awarded by the Third
Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier
Wright Capital, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 034), is determined to consist of
capital improvements and capital facilities for state-supported
and state-assisted institutions of higher education, and is
designated for the capital facilities to which proceeds of
obligations in the Higher Education Improvement Fund (Fund 034)
are to be applied.
Sec. 235.50.80. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
277,804 |
CAP-039 |
|
Health & Science Building |
|
$ |
5,097,338 |
Total Stark Technical College |
|
$ |
5,375,142 |
Total Board of Regents and |
|
|
|
Institutions of Higher Education |
|
$ |
578,636,534 578,836,534 |
TOTAL Higher Education Improvement Fund |
|
$ |
579,946,534 580,146,534 |
Section 605.18. That existing Sections 227.10, 235.10.50, and
235.50.80 of Am. Sub. H.B. 699 of the 126th General
Assembly are
hereby repealed.
Section 605.20. That Section 235.20.20 of Am. Sub. H.B. 699
of the 126th General Assembly, as subsequently amended by Am. Sub.
H.B. 67 of the 127th General Assembly, be amended to read as
follows:
Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
3,796,031 |
CAP-125 |
|
College of Education |
|
$ |
10,115,719 |
CAP-148 |
|
Cleveland Institute of Art |
|
$ |
1,000,000 |
CAP-155 |
|
Cleveland Playhouse |
|
$ |
200,000 |
CAP-163 |
|
Anthropology Department Renovations/Relocation |
|
$ |
400,000 |
CAP-164 |
|
Chester Building Annex Demolition |
|
$ |
921,583 |
CAP-165 |
|
Bakers Building Renovations |
|
$ |
1,328,583 |
CAP-167 |
|
Cleveland State University Windtower Generator Project |
|
$ |
400,000 |
CAP-168 |
|
Kenston Wind Turbine Project in Geauga (CSU Engineering Department) |
|
$ |
300,000 |
Total Cleveland State University |
|
$ |
18,261,916 18,461,916 |
Section 605.21. That existing Section 235.20.20 of Am. Sub.
H.B. 699 of the 126th General Assembly, as subsequently amended by
Am. Sub. H.B. 67 of the 127th General Assembly, is hereby
repealed.
Section 605.23. That Section 203.20 of Sub. S.B. 321 of the
126th General Assembly be amended to read as follows:
Sec. 203.20. AGO ATTORNEY GENERAL
Tobacco Master Settlement Agreement Fund Group
J87 |
055-635 |
|
Law Enforcement Technology, Training, and Facility Enhancements |
|
$ |
620,000 |
|
$ |
0 3,350,000 |
U87 |
055-402 |
|
Tobacco Settlement Oversight, Administration, and Enforcement |
|
$ |
673,797 |
|
$ |
723,797 |
TOTAL
TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,293,797 |
|
$ |
723,797 4,073,797 |
TOTAL
ALL BUDGET FUND GROUPS |
|
$ |
1,293,797 |
|
$ |
723,797 |
|
|
|
|
|
|
4,073,797 |
Section 605.24. That existing Section 203.20 of Sub S.B. 321
of the 126th General Assembly is hereby repealed.
Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the
121st General Assembly, as most recently amended by Am. Sub. H.B.
66 of the 126th General Assembly, be amended to read as follows:
Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,
5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,
5112.18,
5112.19,
5112.21, and 5112.99 of the Revised
Code
are
hereby
repealed, effective
October 16, 2007 2009.
(B) Any money remaining in the Legislative Budget Services
Fund
on
October 16, 2007 2009, the date that section
5112.19 of
the
Revised
Code is repealed by division
(A) of this
section,
shall be
used
solely for the purposes
stated in then
former
section 5112.19
of
the Revised Code. When all
money in the
Legislative Budget
Services Fund has been spent after then former
section 5112.19 of
the
Revised Code is repealed under division (A)
of this section,
the fund shall
cease to exist.
Section 621.06. That existing Section 153 of Am. Sub. H.B.
117 of the 121st General Assembly, as most recently amended by Am.
Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.
Section 631.04. That Section 3 of Am. Sub. H.B. 694 of the
126th General Assembly is hereby repealed.
Section 631.05. The amendments to sections 3517.13 and
3517.992 of the Revised Code by Am. Sub. H.B. 694 of the 126th
General Assembly shall apply only to contributions made on or
after April 4, 2007.
Section 631.06. The provisions of sections 631.04 and 631.05
of this act clarify the General Assembly's original intent in
enacting Am. Sub. H.B. 694 of the 126th General Assembly, are
remedial in nature, and apply to contracts awarded on or after the
effective date of that act.
Section 701.10. Not later than thirty days after the
effective date of this section, the Director of Development shall
convene a task force composed of experts from the economic
development community, local governments, and consultants involved
in the site selection and negotiation process to study the
economic development incentives that are available to local
governments, regional groups, and the state. Not later than
January 1, 2008, the Director shall submit a written report to the
Speaker of the House of Representatives and the President of the
Senate on the findings of the task force and make recommendations
for changes to Ohio's local, regional, and state economic
development incentives so that those incentives are more effective
in strengthening Ohio's economy and are less complex, faster to
implement, and more transparent to the taxpayers of Ohio.
Section 703.10. The Governor's Office of Faith-Based and
Community Initiatives, with the assistance of the Advisory Board
of the Governor's Office of Faith-Based and Community Initiatives,
shall conduct a study of the feasibility and advisability of the
Office becoming a private nonprofit entity rather than a part of
the Governor's office. The study and any resulting recommendations
shall be submitted, not later than July 1, 2008, to the Governor,
the Speaker of the House of Representatives, the President of the
Senate, and the Minority Leaders of the House of Representatives
and the Senate.
Section 706.03. (A) As used in this section, "appointing
authority" has the same meaning as in section 124.01 of the
Revised Code, and "exempt employee" has the same meaning as in
section 124.152 of the Revised Code.
(B) Notwithstanding section 124.181 of the Revised Code, both
of the following apply:
(1) In cases where no vacancy exists, an appointing authority
may, with the written consent of an exempt employee, assign duties
of a higher classification to that exempt employee for a period of
time not to exceed two years, and that exempt employee shall
receive compensation at a rate commensurate with the duties of the
higher classification.
(2) If necessary, exempt employees who are assigned to duties
within their agency to maintain operations during the Ohio
Administrative Knowledge System (OAKS) implementation may agree to
a temporary assignment that exceeds the two-year limit.
Section 735.10. (A) Nothing in division (L)(1)(c) of
section 3517.13 of the Revised Code, as enacted by this act, shall
exempt the holder of the public office with ultimate
responsibility for the award of the contract from complying with
section 3517.093 of the Revised Code prior to the Secretary of
State adopting rules under division (L)(1)(c) of section 3517.13
of the Revised Code.
As used in division (A) of this section, "holder of the
public office with ultimate responsibility for the award of the
contract" has the same meaning as in section 3517.093 of the
Revised Code.
(B) Nothing in division (L)(1)(c) of section 3517.13 of the
Revised Code, as enacted by this act, shall exempt a state agency
or department, a political subdivision, the Administrator of
Workers' Compensation, or the employees of the Bureau of Workers'
Compensation from complying with divisions (I), (J), (Y), and (Z)
of that section, as applicable, prior to the Secretary of State
adopting rules under division (L)(1)(c) of that section.
Section 737.10. Notwithstanding any provision of law to the
contrary, on January 1, 2008, the terms of office of the members
of the Sewage Treatment System Technical Advisory Committee
created in section 3718.03 of the Revised Code whose terms expire
in 2008 and in 2009 shall terminate. The appointing authorities
specified in divisions (A)(1), (2), and (3) of that section as
amended by this act, the Governor, the President of the Senate,
and the Speaker of the House of Representatives, shall appoint new
members to the Committee in accordance with that section to
replace the members whose terms are terminated. However, members
appointed to replace the members whose terms were to expire in
2009 shall be appointed for a term of four years instead of three
years as required by section 3718.03 of the Revised Code. Members
whose terms expire on January 1, 2008, by the operation of this
section may be reappointed by the Governor, President of the
Senate, or Speaker of the House of Representatives in accordance
with this section and section 3718.03 of the Revised Code.
Section 737.11. (A) There is hereby created the Household
Sewage and Small Flow On-Site Sewage Treatment System Study
Commission consisting of the following members:
(1) A representative of the Department of Health appointed by
the Director of Health;
(2) A representative of the Environmental Protection Agency
appointed by the Director of Environmental Protection;
(3) A representative of the Department of Natural Resources
appointed by the Director of Natural Resources;
(4) Five members appointed by the Association of Ohio Health
Commissioners, one of whom shall be from the northwest region of
the state, one of whom shall be from the northeast region of the
state, one of whom shall be from the southwest region of the
state, one of whom shall be from the southeast region of the
state, and one of whom shall be from the central region of the
state. In making the appointments, special consideration shall be
given to a county in which at least twenty-five per cent of the
parcels of land are serviced by sewage treatment systems.
(5) One member appointed by the Association of Ohio
Pedologists;
(6) One member appointed by the County Commissioners
Association of Ohio;
(7) One member appointed by the County Engineers Association
of Ohio;
(8) One member appointed by the Ohio Association of Realtors;
(9) One member appointed by the Ohio Environmental Council;
(10) One member appointed by the Ohio Environmental Health
Association;
(11) One member appointed by the Ohio Home Builders
Association;
(12) One member appointed by the Ohio Manufactured Homes
Association;
(13) Two members appointed by the Ohio Onsite Wastewater
Association;
(14) One member appointed by the Ohio Precast Concrete
Association;
(15) One member appointed by the Ohio Public Health
Association;
(16) One member appointed by the Ohio State University
Extension;
(17) One member appointed by the Ohio Township Association;
(18) One member appointed by the Ohio Waste Haulers
Association;
(19) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives, two from the
majority party and one from the minority party;
(20) Three members of the Senate appointed by the President
of the Senate, two from the majority party and one from the
minority party;
(21) One member appointed by the Ohio Farm Bureau Federation;
(22) One member appointed by the Ohio Farmers Union;
(23) One member appointed by the Ohio Society of Professional
Engineers.
(B) All appointments shall be made to the Commission not
later than thirty days after the effective date of this section.
One member of the Senate and one member of the House of
Representatives jointly designated by the President of the Senate
and the Speaker of the House of Representatives shall serve as
co-chairpersons of the Commission. The Commission shall hold its
first meeting not later than sixty days after the effective date
of this section and shall hold regular meetings as necessary after
the initial meeting.
(C) The Commission shall study issues concerning household
sewage treatment systems and small flow on-site sewage treatment
systems and shall recommend appropriate legislation to the General
Assembly establishing reasonable standards for the siting, design,
installation, operation, monitoring, maintenance, and abandonment
of household sewage treatment systems and small flow on-site
sewage treatment systems for the purpose of the treatment of
sewage and the prevention of public
health nuisances. In making
recommendations regarding such
standards, the Commission shall
consider the economic impact of
those standards on property
owners, the state of technology
currently utilized in household
sewage treatment systems and small
flow on-site sewage treatment
systems, and the nature and
economics of available alternatives
to that technology. The
Commission also shall explore and
establish recommendations
regarding funding sources for and
mechanisms for providing
assistance to homeowners for paying the
cost of compliance with
the new proposed standards.
(D) Not later than December 1, 2008, the Commission shall
submit a report of its findings and recommendations to the
Governor, the President of the Senate, and the Speaker of the
House of Representatives. Upon the submission of the report, the
Commission shall cease to exist.
(E) As used in this section and Section 737.12 of this act,
"household sewage treatment system" and "small flow on-site sewage
treatment system" have the same meanings as in section 3718.01 of
the Revised Code.
Section 737.12. (A) The Director of Health shall issue a
report to the Household Sewage and Small Flow On-Site Sewage
Treatment System Study Commission created in Section 737.11 of
this act that includes recommendations regarding standards for the
siting, design, installation, operation, monitoring, maintenance,
and abandonment of household sewage treatment systems and small
flow on-site sewage treatment systems. The recommendations shall
include information concerning the cost and state of technology
currently utilized in household sewage treatment systems and small
flow on-site sewage treatment systems and the nature and economics
of available alternatives to that technology. The Director shall
issue the report to the Commission not later than January 1, 2008.
(B) The Director shall conduct a survey of boards of health
in this state concerning household sewage treatment system
operations and the failure rates of those systems. The Director
shall issue a report concerning the survey to the Household Sewage
and Small Flow On-Site Sewage Treatment System Study Commission
not later than June 1, 2008. Boards of health shall provide, in a
timely manner, any and all relevant information pertaining to the
household sewage treatment system program that is requested by the
Director under this division and that the Director determines to
be necessary for completion of the survey.
Section 737.20. In enacting section 5.2235 of the Revised
Code, the members of the General Assembly call on the people of
this state to recognize the important role that a nutritious diet
plays in their health and well-being. The members of the General
Assembly are aware that according to the United States Department
of Health and Human Services, dietary changes could reduce cancer
deaths in the United States by as much as thirty-five per cent.
Only twenty-five per cent of American adults eat the recommended
servings of fruits and vegetables each day. More than sixty per
cent of young Americans eat too much fat, and less than twenty per
cent eat the recommended servings of fruits and vegetables. The
members of the General Assembly thus encourage all the people of
this state to review both the United States Department of Health
and Human Services' "Dietary Guidelines for Americans" and the
United States Department of Agriculture's food pyramid
recommendations and to work toward developing a nutritious
lifestyle.
Section 737.21. In enacting section 5.2235 of the Revised
Code, the members of the General Assembly also call on the people
of this state to make daily exercise a priority. The members of
the General Assembly are aware that according to the United States
Center for Disease Control and Prevention, twenty-six per cent of
all Ohioans report no leisure time or physical activity, and sixty
per cent of Ohioans are overweight or obese, which is the
thirteenth highest level in the United States. The members of the
General Assembly thus encourage individuals, community
organizations, local governments, and schools, when holding
celebrations, to include physical and athletic activities and to
work toward the goal of a state whose citizens are healthy,
active, and physically fit.
Section 737.30. The amendment to section 3745.04 of the
Revised Code by this act applies to any action of the Director of
Environmental Protection that is the subject of an appeal to the
Environmental Review Appeals Commission that is already pending on
the effective date of the amendment to that section by this act as
well as to actions appealed after the effective date of that
amendment.
Section 739.10. Section 3905.36 of the Revised Code is
amended by this act for the purpose of clarifying the intent of
the 126th General Assembly when it amended division (B)(4) of
section 3905.36 of the Revised Code. Notwithstanding any provision
of section 3905.36 of the Revised Code to the contrary, all
agencies and departments of the state or any political subdivision
shall apply the legislative intent from this amendment as of
January 1, 2007.
Section 745.10. (A) The enactment of section 4517.261 of the
Revised Code is intended as a clarification of existing law
allowing documentary service charges to be assessed in all retail
and wholesale sales and leases of motor vehicles, including those
involving a retail installment sale and those not involving a
retail installment sale, including leases, cash transactions, and
transactions in which consumers obtain their own financing.
(B) The enactment of section 4517.261 of the Revised Code
expresses the legislative intent of the General Assembly currently
and at the time of the original enactment of the Revised Code by
recognizing that motor vehicle dealers may charge, and
historically have charged, a documentary service charge in all
transactions, including those involving a retail installment sale
and those not involving a retail installment sale, including
leases, cash transactions, and transactions in which consumers
obtain their own financing.
Section 747.10. (A) There is hereby created the Nursing
Education Study Committee consisting of the following members:
(1) Two members of the House of Representatives who are
members of the same political party as the Speaker of the House of
Representatives, to be appointed by the Speaker of the House of
Representatives;
(2) One member of the House of Representatives who is a
member of the largest political party of which the Speaker of the
House of Representatives is not a member, to be appointed by the
Speaker of the House of Representatives;
(3) Two members of the Senate who are members of the same
political party as the President of the Senate, to be appointed by
the President of the Senate, one of whom shall be designated as
the temporary chairperson of the Committee;
(4) One member of the Senate who is a member of the largest
political party of which the President of the Senate is not a
member, to be appointed by the President of the Senate;
(5) One member of the Ohio Nurses Association, to be
appointed by the Ohio Nurses Association;
(6) One member of the Licensed Practical Nurse Association of
Ohio, to be appointed by the Licensed Practical Nurse Association
of Ohio;
(7) One member of the Ohio Board of Nursing, to be appointed
by the Ohio Board of Nursing;
(8) One member of the Ohio Board of Regents, to be appointed
by the Ohio Board of Regents;
(9) One member of the Ohio Hospital Association, to be
appointed by the Ohio Hospital Association;
(10) One member of the Ohio Association of Community Health
Agencies, to be appointed by the Ohio Association of Community
Health Agencies;
(11) One nursing educator from an associate degree nursing
program, to be appointed by the Speaker of the House of
Representatives;
(12) One nursing educator from a baccalaureate degree nursing
program, to be appointed by the Speaker of the House of
Representatives;
(13) One nursing educator from a graduate degree nursing
program, to be appointed by the Speaker of the House of
Representatives;
(14) One nursing educator from a private university with a
nursing education program, to be appointed by the President of the
Senate;
(15) One nursing educator from a state university with a
nursing education program, to be appointed by the President of the
Senate.
(B) Appointments to the Committee shall be made not later
than September 1, 2007. Members of the Committee shall serve
without compensation.
(C) The member of the Committee designated as the temporary
chairperson shall call the initial meeting of the Committee. At
that initial meeting, the Committee shall elect a chairperson, by
majority vote, from among its members. Thereafter, the chairperson
shall call meetings as the chairperson considers necessary for the
Committee to carry out its duties.
(D)(1) The Committee shall study the current nurse faculty
shortage and the shortage of clinical placement sites for nursing
education programs, with a focus on the critical needs of nursing
faculty at Ohio's institutions of higher education and
alternatives to clinical placement sites.
(2) In conducting the study required under division (D)(1) of
this section, the Committee shall consider, but is not limited to,
all of the following:
(a) Salary disparities for nursing faculty members as
compared to faculty members in other disciplines and as compared
to salaries for master's degree-prepared nurses in health care
settings;
(b) The feasibility and financial implications of providing a
refundable state income tax credit to nursing faculty members for
a specified limited period of time;
(c) The feasibility and financial implications of providing
assistantships at a stipend level to nurses pursuing master's
degrees or doctoral study who agree to become nursing faculty
members in Ohio;
(d) The extent to which clinical simulation devices could be
used to decrease the number of hours nursing students are required
to spend providing care directly to patients in a clinical
setting, including the portion of clinical hours that could be
obtained in a clinical simulation laboratory;
(e) The disparity in the number of clinical hours students
are required to complete in Ohio nursing education programs;
(f) The extent to which nursing education programs are
adequately preparing nurses to provide care in community or public
health settings, particularly to the geriatric population;
(g) Ways in which nurses may be more effectively utilized to
train or educate health care workers providing care in community
or public health settings.
(3) Not later than December 31, 2008, the Committee shall
prepare and submit a report to the General Assembly that focuses
on the following topics and also includes a recommendation for a
range of clinical hours nursing students shall be required to
complete to assure adequate practice experience:
(a) Strategies to produce more nursing faculty;
(b) Ways to address the issue of insufficient clinical
placement opportunities.
Upon submission of the report, the Committee shall cease to
exist.
(E) Sections 101.82 to 101.87 of the Revised Code do not
apply to the Committee.
Section 749.10. Consistent with divisions (A)(6) to (A)(8) of
section 4927.02 of the Revised Code, the Public Utilities
Commission shall establish a study mechanism to make
recommendations for a competitively neutral telecommunications
relay service funding program for costs incurred in calendar year
2009 and thereafter and submit the recommendations to the General
Assembly by January 1, 2009.
Section 751.10. The Director of Job and Family Services and
the Director of Development jointly shall prepare a plan to
utilize the funds the state receives to administer the federal
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,
as amended, to train workers within this state and jointly shall
submit that plan to the Governor, the President of the Senate, and
the Speaker of the House of Representatives within one year after
the effective date of this section.
Section 751.20. The Department of Job and Family Services
shall provide guidance to local workforce policy boards to
encourage the broadest participation by training providers,
including those providers who are proprietary schools, who
demonstrate effectiveness in providing training opportunities to
eligible Ohioans under the "Workforce Investment Act of 1998," 112
Stat. 936, 29 U.S.C. 2801, as amended.
Section 753.20. (A) The staff of the Legislative Service
Commission shall study the feasibility and potential results of
the state's offering incentives for local entities, including
municipal corporations, counties, townships, local historical
societies, and regional authorities, to assume control of state
historical sites. The incentives to be studied shall include the
establishment of tax credits, the contribution of capital dollars,
and the creation of an endowment-matching program.
The study shall focus on the cost and funding aspects of the
incentives that are studied. In addition, the study shall attempt
to determine the potential results of providing each incentive at
varying levels.
(B) Not later than six months after the effective date of
this section, the staff of the Commission shall report its
findings to the Commission.
Section 753.30. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the City of
Columbus, and its successors and assigns, all of the state's
right, title, and interest in real estate consisting of
approximately 13 acres in Franklin Township of Franklin County,
being part of or near the former Training Institution Central
Ohio, together with any perpetual easements of access over certain
existing or future driveways, the real estate being more
particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of
Columbus, Township 5 North, Range 23 West and in the Virginia
Military District. Being a part of the State of Ohio original
300-acre tract of record in Deed Book 101, page 390 of the
Recorder's Records, Franklin County, Ohio, and being more
particularly described as follows:
Beginning, For Reference, at an iron pin with identification
cap stamped "Patridge" found marking the intersection of the
easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way
and the Northerly line of West Broad Street 80-feet-wide
Right-of-Way;
thence North 5°12'48" West 2612.22 feet, in said easterly line of
Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch
reinforcing rod found;
thence South 75°43'06" East 188.42 feet, to an iron pipe set
marking the Place of Beginning of the tract herein described;
thence North 5°02'11" West 384.70 feet, to an iron pipe set;
thence North 67°03'42" East 118.78 feet, to an iron pipe set;
thence North 74°42'07" East 230.99 feet, to an iron pipe set;
thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing
rod found marking the most easterly corner of the Gang of Four,
Ltd. 5.254-acre tract of record in Instrument Number
199902040029850 of said Recorder's Records, in a northerly line of
said 300-acre tract and a Point of Tangency in the original
southerly line of the Camp Chase Industrial Railroad Corporation
Tract of record in Official Record 28363 F03 of said Recorder's
Records;
thence North 86°38'37" East 383.75 feet, in a southerly line of
said Camp Chase Railroad tract and in a northerly line of said
300-acre tract, to an iron pipe set;
thence South 04°38'21" West 694.64 feet, to an iron pipe set;
thence South 75°43'06" East 174.01 feet, to an iron pipe set;
thence North 89°32'10" East 521.90 feet, to an iron pipe set;
thence South 85°04'20" East 161.72 feet, to an iron pipe set;
thence South 14°52'48" East 63.77 feet, to a spike set;
thence North 85°04'20" West 180.51 feet, to an iron pipe set;
thence South 89°32'10" West 526.84 feet, to an iron pipe set;
thence North 75°43'06" West 1005.86 feet, to the Place of
Beginning containing 12.997 acres, more or less.
This description is based on a field survey in April and May of
2007 by Gary L. Elswick, Professional Surveyor #6395. Iron pipes
set are ¾-inch ID galvanized pipe with identification cap stamped
"HOCKADEN". Bearings are assumed and for the determination of
angles only.
This description may be modified to a final form if
modifications are needed.
(B)(1) Consideration for the conveyance of the real estate is
the purchase price of $194,955.00.
(2) The State may also require additional consideration for
any perpetual easement needed by the City of Columbus to access
the real estate. The consideration shall be a price mutually
agreed upon between the City of Columbus and the state.
(C)(1) The conveyance of the real estate is subject to the
following conditions and restrictions:
(a) The City of Columbus and its successors and assigns shall
receive written approval from the state to use or develop the real
estate for any purpose other than a police heliport or uses or
developments incident thereto.
(b) The City of Columbus shall, prior to selling, conveying,
or transferring ownership of the real estate, first offer the
state the right to purchase the real estate at a price not less
than fair market value as appraised by a disinterested party.
(2) The conveyance may be subject to conditions and
restrictions that have been determined necessary by the Director
of Administrative Services to assure there is no interference with
state uses on state-owned real estate that adjoins the real estate
conveyed.
(D) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate. The deed shall state the consideration and the
conditions and restrictions. The deed shall be executed by the
Governor in the name of the state, shall be countersigned by the
Secretary of State, shall be sealed with the Great Seal of the
State, shall be presented for recording in the Office of the
Auditor of State, and shall be delivered to the City of Columbus.
The City of Columbus shall present the deed for recording in the
Office of the Franklin County Recorder.
(E) The City of Columbus shall pay the costs of the
conveyance.
(F) This section expires one year after its effective date.
Section 753.40. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the City of
Celina the state's right of reverter retained in the conveyance
authorized in Am. H.B. 823 of the 112th General Assembly in the
following described real estate:
Being a parcel of land situated in the City of Celina,
Jefferson Township, Mercer County, Ohio, and in the northwest
quarter of Section 6, Township 6 South, Range 3 East, being more
particularly described as follows:
Commencing at an iron pin with cap set at the most southern
point of lot number 6 of Dickman's Addition (Plat Book 2, Page 3)
in the City of Celina;
thence N 68°42'59" W, 20.00 feet along the south line of said
Dickman's Addition to an iron pin with cap set as the Point of
Beginning;
thence S 57°41'29" W, 210.06 feet to an iron pin with cap
set;
thence N 46°02'00" W, 214.80 feet to an iron pin with cap
set;
thence S 73°50'04" E, 102.64 feet along the south line of
said Dickman's Addition to an iron pin with cap set;
thence N 75°48'13" E, 132.78 feet along the south line of
said Dickman's Addition to an iron pin with cap set;
thence S 68°42'59" E, 112.51 feet along the south line of
said Dickman's Addition to the Point of Beginning, containing
0.535 acres of land more or less, subject to all valid easements
and right-of-way.
All bearings were calculated from angles turned in an actual
field survey by Kent B. Marbaugh, Registered Surveyor #7421, dated
April 16, 2007, on file in the County Engineer's Office.
The state retains its right of reverter for the remainder of
the real estate conveyed pursuant to that act.
(B) Consideration for conveyance of the right of reverter is
the mutual benefit accruing to the state and to the City of Celina
from the reconfiguration of the entrance to the city park located
on the real estate conveyed in Am. H.B. 823 of the 112th General
Assembly.
(C) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate conveying the
right of reverter. The deed shall state the consideration. The
deed shall be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the great
seal of the state, presented in the office of the Auditor of State
for recording, and delivered to the City of Celina. The City of
Celina shall present the deed for recording in the office of the
Mercer County Recorder.
(D) This section expires four years after its effective date.
Section 753.50. (A) The Governor is hereby authorized to
execute releases in the name of the state releasing to the Dairy
Barn Southeastern Ohio's Cultural Arts Center, Inc., the state's
reversionary interests retained in the conveyance authorized in
Am. H.B. 552 of the 113th General Assembly, which is recorded at
volume 364, page 558 in the office of the Athens County Recorder,
and in the conveyance authorized in Am. H.B. 385 of the 116th
General Assembly, which is recorded at Official Records volume 25,
page 443 in the office of the Athens County Recorder. The release
of the reversionary interests will remove impediments to financing
of improvements to continue cultural arts programs.
(B) The Department of Administrative Services, with the
assistance of the Attorney General, shall prepare the releases of
the reversionary interests contained in the conveyances described
in division (A) of this section. The releases shall be executed by
the Governor in the name of the state and presented in the office
of the Auditor of State for recording. The Dairy Barn Southeastern
Ohio's Cultural Arts Center, Inc., shall present the releases for
recording in the office of the Athens County Recorder.
(C) This section expires one year after its effective date.
*Section 755.03. The Director of Transportation may conduct a
twelve-month pilot project to be completed not later than June 30,
2009, for energy price risk management by entering into a contract
with a qualified provider of energy risk management services. The
contract may include rate analysis, negotiation services, market
and regulatory analysis, budget and financial analysis, and
mitigation strategies for volatile energy sources, including
natural gas, gasoline, oil, and diesel fuel, but shall not include
energy procurement and shall not subject more than thirty per cent
of the Department's annual energy needs to the risk management
services. The Director shall select the energy risk management
services provider through a qualifications-based selection
process, subject to Controlling Board approval. The contract shall
specify that the Department may share the analysis and services of
the energy risk management services provider with all state
agencies and operations. The Director may use revenues from the
state motor vehicle fuel tax or other funds appropriated by the
General Assembly for the pilot project to pay amounts due under
the contract and shall deposit any amounts received under the
contract into the Highway Operating Fund created under section
5735.291 of the Revised Code.
Section 757.01. Every two years during biennial budget
deliberations, the Tax Commissioner shall review the percentage of
the total price of electricity that is indicated under division
(C)(2) of section 5727.81 of the Revised Code, as amended by this
act. Such review shall include a consideration of the fluctuations
in the price of electricity that have occurred in the most recent
two fiscal years and other factors influencing the economy of the
state.
Section 757.03. (A) Beginning in July 2007 and ending in
November 2007, on or before the seventh day of each month, the Tax
Commissioner shall determine and certify to the Director of Budget
and Management the amount to be credited from each tax source
under divisions (B), (C), and (D) of this section to the Local
Government Fund, the Library and Local Government Support Fund,
and the Local Government Revenue Assistance Fund.
(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,
5739.21, 5741.03, and 5747.03 of the Revised Code or any other
provision of law to the contrary, for each month in the period
beginning July 1, 2007, and ending November 30, 2007, tax revenues
credited to the Local Government Fund, the Library and Local
Government Support Fund, and the Local Government Revenue
Assistance Fund under those sections shall instead be credited as
follows:
(1) An amount shall first be credited to the Local Government
Fund as prescribed under division (C) of this section;
(2) An amount shall next be credited to the Local Government
Revenue Assistance Fund as prescribed under division (C) of this
section;
(3) An amount shall next be credited to the Library and Local
Government Support Fund as prescribed under division (D) of this
section.
In December 2007, an amount totaling $1,000,000 shall be
credited from amounts otherwise scheduled to be credited to the
Local Government Fund to the Local Government Services
Collaboration Grant Fund established under section 384.10 of this
act.
(C) Receipts from the corporation franchise, sales and use,
public utility excise, kilowatt-hour, and personal income taxes
shall be credited to the Local Government Fund and the Local
Government Revenue Assistance Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August
2006;
(3) In September 2007, the amount that was credited in
September 2006;
(4) In October 2007, the amount that was credited in October
2006;
(5) In November 2007, the amount that was credited in
November 2006.
(D) Receipts from the personal income tax shall be credited
to the Library and Local Government Support Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August
2006;
(3) In September 2007, the amount that was credited in
September 2006;
(4) In October 2007, the amount that was credited in October
2006;
(5) In November 2007, the amount that was credited in
November 2006, except that the amount credited to the Local
Government Fund from personal income tax revenue shall be reduced
by an additional $1,000,000 and this reduction shall be borne
entirely by the countywide nontownship and nonvillage distribution
in January 2008.
(E)(1) To the extent the amounts required to be credited to
the Local Government Fund, the Library and Local Government
Support Fund, and the Local Government Revenue Assistance Fund
under divisions (C) and (D) of this section exceed the amounts
that otherwise would have been credited to those funds under
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03
of the Revised Code, amounts required to be credited to the
General Revenue Fund under those sections shall be reduced
accordingly.
(2) To the extent the amounts required to be credited to the
Local Government Fund, the Library and Local Government Support
Fund, and the Local Government Revenue Assistance Fund under
divisions (C) and (D) of this section are less than the amounts
that otherwise would have been credited to those funds under
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03
of the Revised Code, amounts required to be credited to the
General Revenue Fund under those sections shall be increased
accordingly.
(F) The total amount credited each month under this section
to the Local Government Fund, the Library and Local Government
Support Fund, and the Local Government Revenue Assistance Fund
shall be distributed on or before the tenth day of the immediately
succeeding month as follows:
(1) Each county undivided Local Government Fund shall receive
a distribution from the Local Government Fund that is based upon
its proportionate share of the total amount received by it from
the fund in the same month during the preceding calendar year.
(2) Each municipal corporation receiving a direct
distribution from the Local Government Fund shall receive a
distribution that is based upon its proportionate share of the
total amount received by it from the fund in the same month during
the preceding calendar year.
(3) Each county undivided Local Government Revenue Assistance
Fund shall receive a distribution from the Local Government
Revenue Assistance Fund that is based upon its proportionate share
of the total amount received by it from the fund in the same month
during the preceding calendar year.
(4) Each county undivided Library and Local Government
Support Fund shall receive a distribution from the Library and
Local Government Support Fund that is based upon its proportionate
share of the total amount received by it from the fund in the same
month during the preceding calendar year.
(G) Distributions shall not be made in accordance with
sections 5747.47 and 5747.50 of the Revised Code until January 1,
2008.
(H) Notwithstanding section 5747.47 of the Revised Code, the
Tax Commissioner is not required to issue the certification
required by that section to be made in December 2007 for calendar
year 2007. The Tax Commissioner may, as the Commissioner considers
appropriate, provide to each county auditor additional revised
estimates or other information relating to distributions in 2007,
2008, or 2009 at any time during the period beginning July 1,
2007, and ending June 30, 2009.
(I)(1) Notwithstanding division (A) of section 131.51 of the
Revised Code, on or before January 5, 2008, the Director of Budget
and Management shall credit to the Local Government Fund an amount
equal to three and sixty-eight one-hundredths per cent of total
tax revenues credited to the General Revenue Fund during December
2007. In determining the total tax revenues credited to the
General Revenue Fund during that month, transfers made from the
General Revenue Fund during that month to the Local Government
Fund, the Local Government Revenue Assistance Fund, and the
Library and Local Government Support Fund shall be disregarded.
Moneys credited to the Local Government Fund under division (I)(1)
of this section shall be distributed in January 2008 in accordance
with section 5747.50 of the Revised Code.
(2) Notwithstanding division (B) of section 131.51 of the
Revised Code, on or before January 5, 2008, the Director of Budget
and Management shall credit to the Library and Local Government
Support Fund an amount equal to two and twenty-two one-hundredths
per cent of total tax revenues credited to the General Revenue
Fund during December 2007. In determining the total tax revenues
credited to the General Revenue Fund during that month, transfers
made from the General Revenue Fund during that month to the Local
Government Fund, the Local Government Revenue Assistance Fund, and
the Library and Local Government Support Fund shall be
disregarded. Moneys credited to the Library and Local Government
Support Fund under division (I)(2) of this section shall be
distributed in January 2008 in accordance with section 5747.47 of
the Revised Code.
Section 757.04. Notwithstanding sections 5747.46 and 5747.47
of the Revised Code or any other provision of law to the contrary,
a county's actual Library and Local Government Support Fund total
entitlement for the 2007 distribution year shall equal the amount
that was distributed to the county's Library and Local Government
Support Fund from the Library and Local Government Support Fund
during the 2007 calendar year. Each county's resulting calendar
year 2007 Library and Local Government Support Fund entitlement
shall be used by the Tax Commissioner for purposes of determining
the guaranteed share of the Library and Local Government Support
Fund in section 5747.46 of the Revised Code for the 2008
distribution year and shall be used by the Commissioner in making:
(A) The calendar year 2008 estimated entitlements of the
Library and Local Government Support Fund required by section
5747.47 of the Revised Code to be certified to county auditors in
July 2007, December 2007, and June 2008; and
(B) The calendar year 2008 actual Library and Local
Government Support Fund entitlement computations required by
section 5747.47 of the Revised Code to be certified to county
auditors in December 2008.
Section 757.06. As used in this section, "electric company
tax value loss" has the same meaning as in section 5727.84 of the
Revised Code.
The amendment by this act of division (D) of section 5727.84
of the Revised Code is remedial in nature. The Tax Commissioner
shall determine the amount of any additional electric company tax
value loss resulting from that amendment. Notwithstanding the
deadlines prescribed in sections 5727.84, 5727.85, and 5727.86 of
the Revised Code to the contrary, the Tax Commissioner and the
Department of Education shall perform all of the computations and
make all of the certifications and payments described in those
sections in connection with any additional electric company tax
value loss resulting from division (D)(4) of section 5727.84 of
the Revised Code, as amended by this act.
Section 757.07. For tax years 2007 and thereafter, telephone,
telegraph, and interexchange telecommunications companies, as
defined in section 5727.01 of the Revised Code, shall list taxable
property at the percentage of true value required in Chapter 5711.
of the Revised Code. For purposes of assigning taxable valuation
to each taxing district for those years, the Tax Commissioner
shall continue to use the apportionment provisions of Chapter
5727. of the Revised Code. However, such property shall be listed
by the county auditor and certified to the county treasurer for
collection under the provisions applicable to the general tax list
of personal property and not upon the tax list and duplicate of
real and public utility personal property.
Section 757.08. Resolutions adopted by a board of township
trustees of a limited home rule township pursuant to Chapter 504.
and section 5709.73 of the Revised Code in December 2005 are
hereby deemed to have had an immediate effective date if the board
unanimously adopts a resolution so declaring. This section applies
to applications for exemption under section 5709.73 of the Revised
Code pending before the Tax Commissioner on the effective date of
this section and to such applications filed or refiled within 90
days after that effective date.
Section 757.10. The Office of Information Technology, in
conjunction with the Department of Taxation, may acquire the State
Taxation Accounting and Revenue System (STARS) pursuant to Chapter
125. of the Revised Code, including, but not limited to, the
application software and installation and implementation thereof,
for the use of the Department of Taxation. STARS is an integrated
tax collection and audit system that will replace all of the
state's existing separate tax software and administration systems
for the various taxes collected by the state. Any lease-purchase
arrangement used under Chapter 125. of the Revised Code to acquire
STARS, including any fractionalized interests therein as defined
in division (N) of section 133.01 of the Revised Code, must
provide that at the end of the lease period, STARS becomes the
property of the state.
Section 757.20. (A) As used in this section, "commercial or
industrial parcel subject to assessment" means a parcel that is
classified by a county auditor as commercial or industrial
according to the county auditor's use codes as listed in the
Conservancy Appraisal Record of the Muskingum Watershed
Conservancy District.
(B) The board of directors of the Muskingum Watershed
Conservancy District shall prepare written notification of the
maintenance assessment to be levied by the District under section
6101.53 of the Revised Code that is scheduled to begin collection
in calendar year 2008. The notification shall include a statement
that the District intends to levy the maintenance assessment and
shall include, with respect to each person to whom notification is
required to be sent under division (C) of this section, an
indication of the amount of the maintenance assessment that is
applicable to that person.
(C) The board of directors of the Muskingum Watershed
Conservancy District shall cause to be sent by United States mail
the notification of the maintenance assessment that is required in
division (B) of this section to each person who owns property
within the territorial boundaries of the district that is a
commercial or industrial parcel subject to assessment. The
notification
shall be sent not later than ninety days prior to
the
date on which the maintenance assessment is scheduled to
begin
collection.
Section 757.30. Notwithstanding section 321.261 of the
Revised Code, a board of county commissioners of a county with a
population exceeding one million two hundred thousand may, by
resolution, authorize the use of up to three million dollars in
the county's delinquent tax and assessment collection fund to
prevent residential mortgage foreclosures in the county and to
assist municipal corporations located in the county in the
nuisance abatement of deteriorated residential buildings in
foreclosure. The funds shall be used to provide financial
assistance in the form of loans to borrowers in default on their
home mortgages, including for the payment of late fees, to clear
arrearage balances, and to augment moneys used in the county's
Foreclosure Prevention Program. The funds also shall be used to
assist municipal corporations located in the county, upon
application to the county department of development for the funds,
in the nuisance abatement of deteriorated residential buildings in
foreclosure, including paying the costs of boarding up such
buildings and lot maintenance and demolition costs. Funds shall
not be accessed or used for the purposes provided under this
section after June 30, 2008.
Section 757.40. As used in this section, "Ohio Business
Gateway" has the same meaning as in section 718.051 of the Revised
Code.
The tax collected by a motor vehicle dealer on sales of motor
vehicles to nonresident purchasers under the provisions of section
5739.029 of the Revised Code occurring prior to July 1, 2008,
shall be reported and remitted as follows:
(A) The motor vehicle dealer shall provide evidence to the
clerk of courts that the tax was collected from the nonresident
purchaser at the time the dealer applies for title to the vehicle.
Notwithstanding section 4505.06 of the Revised Code, the clerk of
courts shall issue the appropriate title for any vehicle sold to a
nonresident purchaser when the evidence required by this division
is provided by the motor vehicle dealer. For purposes of this
division, an application for title made by a motor vehicle dealer
that indicates the amount of the sales tax collected by the dealer
shall constitute the required evidence.
(B) By the tenth day of each month, each motor vehicle dealer
shall, for each location from which the dealer makes sales of
motor vehicles, remit the tax collected on all motor vehicles sold
during the preceding month to nonresident purchasers through the
Ohio Business Gateway in the manner prescribed by the Tax
Commissioner.
(C) The Ohio Office of Information Technology shall, on or
before the fifteenth day of each month, issue a report of
nonresident motor vehicle sales tax payments made through the Ohio
Business Gateway by each motor vehicle dealer for sales made
during the preceding month. The report shall be in the form
prescribed by the Tax Commissioner. A copy of the report shall be
provided to the Tax Commissioner and to the Registrar of Motor
Vehicles.
(D) The Registrar of Motor Vehicles shall compare the report
issued by the Ohio Office of Information Technology pursuant to
division (C) of this section with the motor vehicle titles issued
by its office for vehicles sold to nonresident purchasers and
report any discrepancies to the Tax Commissioner by the last day
of the month in which the report is received.
(E) The Commissioner may collect from a motor vehicle dealer
any tax due on sales of motor vehicles to nonresident purchasers
of motor vehicles pursuant to section 5739.029 of the Revised Code
that has not been remitted through the Ohio Business Gateway as
provided in this section by assessment in the manner provided in
section 5739.13 of the Revised Code.
(F) If any motor vehicle dealer fails to remit tax for any of
its locations on sales to nonresident purchasers through the Ohio
Business Gateway in the manner provided in division (B) of this
section, the Tax Commissioner may assess a late payment fee not to
exceed one hundred dollars for each such location. The late
payment fee shall be considered as revenue arising from the tax
and may be collected by assessment in the manner provided in
section 5739.13 of the Revised Code.
(G) The revenue deposited into the state treasury from taxes
paid pursuant to section 5739.029 of the Revised Code and this
section shall be credited to the state general revenue fund. From
the amounts so credited, a share shall be distributed to the
counties as follows:
(1) Five-sixtieths of the revenue collected shall be
distributed to the county where the sale is sitused under 5739.035
of the Revised Code;
(2) Distributions made to each county shall be made not later
than seventy-five days after the report is filed under division
(C) of this section;
(3) The amount to be so distributed to each county shall be
credited to the funds of the county as provided by divisions (A)
and (B) of section 5739.211 of the Revised Code.
Section 803.03. The amendment or enactment by this act of
sections 3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302,
and 3119.32 of the Revised Code first applies on February 1, 2008,
or on the effective date of regulations defining "reasonable cost"
issued by the United States Secretary of Health and Human
Services, whichever is later.
Section 803.06. The amendments by this act to sections
323.151, 323.152, 323.153, and 323.154 of the Revised Code are
first effective for tax year 2007, and the amendments to sections
4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code are
first effective for tax year 2008, and the following provisions
shall apply:
(A) Notwithstanding the filing deadlines set forth in
sections 323.153 and 4503.066 of the Revised Code, original
applications requesting reductions pursuant to division (A) of
section 323.152 or section 4503.065 of the Revised Code may be
filed not later than October 1, 2007. Notwithstanding the
deadlines set forth in division (A) of section 323.153 of the
Revised Code for homesteads in a housing cooperative, not later
than August 1, 2007, the nonprofit corporation that owns and
operates the housing cooperative shall obtain original
applications from the county auditor and provide one to each
occupant in the cooperative. Not later than September 1, 2007, any
occupant who may be eligible for the reduction in taxes under
division (A) of section 323.152 of the Revised Code shall submit
the completed application to the corporation. Not later than
October 1, 2007, the corporation shall file all completed
applications and the information required by division (B) of
section 323.159 of the Revised Code with the county auditor of the
county in which the occupants' homesteads are located.
(B) Notwithstanding the deadlines set forth in sections
323.154 and 4503.067 of the Revised Code, if an application
requesting the reduction under division (A) of section 323.152 of
the Revised Code for tax year 2007 or under section 4503.065 of
the Revised Code for tax year 2008 is not approved or the county
auditor otherwise determines that the homestead does not qualify
for a reduction in taxes, the auditor's deadline to notify the
applicant of the reasons for such denial shall be extended to
November 1, 2007.
Section 803.07. The amendment by this act of sections
5711.01 and 5727.06 of the Revised Code applies to telephone,
telegraph, or interexchange telecommunications companies, as
defined in section 5727.01 of the Revised Code, for tax year 2007
and thereafter.
Section 803.09. The amendment or enactment by this act of
section 4505.06, division (B)(23) of section 5739.02, section
5739.029, division (C) of section 5739.033, and section 5739.213
of the Revised Code apply to
sales described in division (A) of
section 5739.029 of the Revised
Code on or after August 1, 2007.
Section 806.03. The sections and items of law contained in
this act, and their applications, are severable. If any section or
item of law contained in this act, or if any application of any
section or item of law contained in this act, is held invalid, the
invalidity does not affect other sections or items of law
contained in this act and their applications that can be given
effect without the invalid section or item of law or application.
Section 809.03. An item of law, other than an amending,
enacting, or repealing clause, that composes the whole or part of
an uncodified section contained in this act has no effect after
June 30, 2009, unless its context clearly indicates otherwise.
Section 812.03. Except as otherwise specifically provided in
this act, the codified sections of law amended or enacted in this
act, and the items of law of which the codified sections of law
amended or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 812.06. Except as otherwise specifically provided in
this act, the repeal by this act of a codified section of law is
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1c and section 1.471 of the Revised Code, the
repeal by this act of a codified section of law takes effect on
the ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against any
such repeal, the repeal, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 812.09. The amendments to section 5111.014 of the
Revised Code are subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the amendments take effect January 1, 2008. If,
however, a referendum petition is filed against the amendments,
the amendments, unless rejected at the referendum, take effect at
the earliest time permitted by law that is on or after the
effective date specified in this section.
Section 812.12. Uncodified sections of law amended or enacted
in this act, and items of law contained within the uncodified
sections of law amended or enacted in this act, that are marked
with an asterisk are subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the uncodified sections and items of law marked with
an asterisk take effect on the ninety-first day after this act is
filed with the Secretary of State. If, however, a referendum
petition is filed against an uncodified section or item of law
marked with an asterisk, the uncodified section or item of law
marked with an asterisk, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
If the amending and existing repeal clauses commanding the
amendment of an uncodified section of law are both marked with
asterisks, the uncodified section as amended is deemed also to
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has
the form*.
This section defines the meaning and form of, but is not
itself to be considered marked with, an asterisk.
Section 815.03. The sections of law amended or enacted by
this act that are listed in this section, and the items of law of
which such sections as amended or enacted by this act are
composed, are not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections as amended or enacted by this act, and
the items of law of which such sections as amended or enacted by
this act are composed, go into immediate effect when this act
becomes law.
Sections 117.11, 117.112, 121.51, 122.051, 122.071, 122.076,
122.17,
122.171, 122.174, 122.602, 124.152, 126.16, 126.24,
126.40, 133.061, 173.35, 183.01, 183.021, 183.17, 183.33, 183.34,
183.35, 183.51,
183.52, 709.01, 1503.05, 1713.031, 2305.2341,
2927.023, 3109.04, 3109.041,
3119.022, 3119.023, 3119.05,
3119.29, 3119.30, 3119.302, 3119.32,
3301.0711, 3313.615,
3313.98, 3314.015, 3314.016, 3314.02,
3314.074, 3314.08,
3314.087, 3314.091, 3314.19, 3314.26, 3317.01, 3317.012,
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.021,
3317.022, 3317.023, 3317.024, 3317.025, 3317.029, 3317.0216,
3317.0217, 3317.03, 3317.04, 3317.05, 3317.052, 3317.063, 3317.08,
3317.16, 3317.20, 3317.201, 3318.12, 3326.01, 3326.02,
3326.03,
3326.04, 3326.05, 3326.06, 3326.07, 3326.08, 3326.09,
3326.10,
3326.11, 3326.12, 3326.13, 3326.14, 3326.15, 3326.16,
3326.17,
3326.18, 3326.19, 3326.20, 3326.21, 3326.22, 3326.23,
3326.31,
3326.32, 3326.33, 3326.34, 3326.35, 3326.36, 3326.37,
3326.38,
3326.49, 3326.50, 3333.36, 3333.38, 3333.55,
3333.60, 3333.61,
3333.62, 3333.63, 3333.64, 3333.65, 3333.66,
3333.67, 3333.68,
3333.69, 3333.70, 3345.32, 3345.35, 3353.02, 3353.03,
3365.01,
3701.047, 3701.135, 3702.68 (3702.59), 3704.03, 3721.51,
3721.541, 3721.56, 3735.672, 4503.10, 4513.263, 4723.621, 4723.63,
4723.64, 4723.65, 4723.66, 4743.05, 4766.05, 4775.08, 5101.802,
5101.98, 5104.04,
5104.30, 5111.871, 5111.8814, 5112.341,
5123.01, 5123.033,
5123.045, 5123.0414, 5123.0415, 5123.051,
5123.16, 5123.161,
5123.162, 5123.163, 5123.164, 5123.165,
5123.166, 5123.167,
5123.168, 5123.169, 5123.19, 5123.196,
5123.198, 5123.20,
5123.211, 5123.38, 5123.41, 5123.51, 5123.605,
5123.99, 5126.12,
5126.15, 5126.19, 5126.25, 5126.40, 5126.42,
5126.43, 5126.45,
5126.47, 5709.68, 5711.01, 5727.06, 5727.86,
5747.47, 5747.50,
5747.501, 5747.51, 5747.54, 5751.21, 5907.15,
5907.16, and
6111.0381 of the Revised Code.
Section 815.06. The repeal by this act of the sections of law
listed in this section is not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, the repeals go into immediate
effect when this act becomes law.
Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199,
5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and
5747.63 of the Revised Code.
The version of section 3702.68 of the Revised Code that was
scheduled to take effect July 1, 2007.
Section 815.09. The sections of law amended, enacted, or
repealed by this act that are listed in this section are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code, the
sections as amended, enacted, or repealed, and the items of law of
which as amended or enacted they are composed, go into effect as
specified in this section.
Sections 126.04, 127.16, 173.351, 173.401, 3718.03, 5101.27,
5101.272, 5111.872, 5111.89, 5111.891, 5111.894, 5123.046,
5123.047, 5123.048, 5123.049, 5123.0411, 5123.0416, 5126.054,
5126.056, 5126.059, 5126.0510, 5126.0512, and 5705.44 of the
Revised Code take effect July 1, 2007.
Sections 340.03 and 5119.611 of the Revised Code take effect
July 1, 2007.
Section 718.03 of the Revised Code takes effect July 1, 2007.
Section 4301.43 of the Revised Code takes effect July 1,
2007.
Sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of
the Revised Code take effect December 1, 2007.
Sections 131.44, 131.51, 5705.29, 5725.24, 5739.032,
5739.122, 5739.124, 5741.121, and 5741.122 of the Revised Code
take effect January 1, 2008.
Section 815.12. Except as otherwise specifically provided in
this act, the uncodified sections of law amended or enacted in
this act, and the items of law of which the uncodified sections of
law amended or enacted in this act are composed, are not subject
to the referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the uncodified
sections of law amended or enacted in this act, and the items of
law of which the uncodified sections of laws amended or enacted in
this act are composed, go into immediate effect when this act
becomes law.
Section 818.03. The amendment or enactment by this act of the
sections of law listed in this section provides for or is
essential to implementation of a tax levy. Therefore, under Ohio
Constitution, Article II, Section 1d, the amendments and
enactments, and the items of which they are composed, are not
subject to the referendum and go into immediate effect when this
act becomes law.
Sections 133.01, 305.31, 307.672, 319.202, 319.54, 322.01,
323.151, 323.152, 323.153, 323.154, 325.31, 718.01,
4503.06,
4503.061, 4503.064, 4503.065, 4503.066, 4503.067,
4505.06,
5733.39, 5739.02, 5739.029, 5739.033, 5739.035, 5739.09,
5739.12,
5739.123, 5739.213, 5740.10, 5741.02, 5741.05, 5743.01, 5743.20,
5743.99, 5745.02, 5745.05,
5745.13, 5747.01, 5748.01, 5748.02,
5748.022, and
5751.23 of the Revised Code.
Section 818.09. The repeal by this act of section 5743.331 of
the Revised Code provides for or is essential to the
implementation of a tax levy. Therefore, under Ohio Constitution,
Article II, Section 1d, the repeal is not subject to the
referendum and goes into immediate effect when this act becomes
law.
Section 821.06. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section 3317.02
of the Revised Code are not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, the amendments go into immediate effect.
(B) The amendment to section 3317.02 of the Revised Code that
substitutes the term "state education aid" for the term "SF-3
payment" is subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the amendment takes effect on the ninety-first day
after this act is filed with the Secretary of State. If, however,
a referendum petition is filed against the amendment, the
amendment, unless rejected at the referendum, takes effect at the
earliest time permitted by law.
Section 821.12. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section 5111.20
of the Revised Code are subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1c and section 1.471
of the Revised Code, the amendments take effect on the
ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against the
amendments, the amendments, unless rejected at the referendum,
take effect at the earliest time permitted by law.
(B) The amendment to division (H)(3)(a) of section 5111.20 of
the Revised Code is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, the amendment goes into immediate effect.
Section 821.13. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section
5126.046 of the Revised Code are not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, the amendments go into
immediate effect.
(B) The amendments to division (A) and the third paragraph of
division (B) of section 5126.046 of the Revised Code are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code, the
amendments take effect July 1, 2007.
Section 821.15. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section
5126.055 of the Revised Code are subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, the amendments take effect on
the ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against the
amendments, the amendments, unless rejected at the referendum,
take effect at the earliest time permitted by law.
(B) The amendment to section 5126.055 of the Revised Code
that strikes through "5123.16" and inserts "5123.161" is not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code, the
amendment goes into immediate effect.
Section 821.16. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section
5126.057 (5126.0511) of the Revised Code are not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the amendments
take effect July 1, 2007.
(B) The amendments to relettered division (A)(2) and (A)(4)
of section 5126.057 of the Revised Code are not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the amendments
go into immediate effect.
Section 821.17. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section 5126.18
of the Revised Code are not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, the amendments go into immediate effect.
(B) The amendments to division (H) of section 5126.18 of the
Revised Code are not subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the amendments take effect July 1, 2007.
Section 821.17.10. (A) Except as otherwise provided in
division (B) of this section, the amendments by this act to
section 5727.84 of the Revised Code are not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the amendments
take effect December 1, 2007.
(B) The amendments to division (D) of section 5727.84 of the
Revised Code are not subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the amendments take immediate effect.
Section 821.18. (A) Except as otherwise provided in division
(B) of this section, the amendments by this act to section 5727.87
of the Revised Code provide for or are essential to implementation
of a tax levy. Therefore, under Ohio Constitution, Article II,
Section 1d, the amendments are not subject to the referendum and
go into immediate effect when this act becomes law.
(B) The amendment to division (A)(2)(b) of section 5727.87 of
the Revised Code is subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the amendment takes effect on the ninety-first day
after this act is filed with the Secretary of State. If, however,
a referendum petition is filed against the amendment, the
amendment, unless rejected at the referendum, takes effect at the
earliest time permitted by law.
Section 821.21. If the amendment or enactment in this act of
a codified or uncodified section of law is subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are subject to the referendum, along with the
amendment or enactment. If the amendment or enactment by this act
of a codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are not subject to the referendum, the same as the
amendment or enactment.
Section 824.03. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 109.572 of the Revised Code as amended by both Am.
Sub. S.B. 185 and Am. Sub. S.B. 238 of
the 126th General Assembly.
Section 111.18 of the Revised Code as amended by both Am.
Sub. H.B. 94 and Am. Sub. S.B. 74 of
the 124th General Assembly.
Section 323.153 of the Revised Code as amended by
both Am.
H.B. 595 and Am. Sub. H.B. 672 of the 123rd General
Assembly.
Section 711.131 of the Revised Code as amended by both Sub.
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly.
Section 2921.42 of the Revised Code as amended by both Sub.
H.B. 150 and Am. Sub. H.B. 285 of
the 120th General Assembly.
Section 3301.0714 of the Revised Code as amended by Am. Sub.
H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B.
530 of
the 126th General Assembly.
Section 3313.64 of the Revised Code as amended Am. Sub. H.B.
137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of
the 126th General Assembly.
Section 3317.03 of the Revised Code as amended by both Am.
Sub. H.B. 79 and Am. Sub. H.B. 699 of
the 126th General Assembly.
Section 3318.01 of the Revised Code as amended by both Am.
Sub. H.B. 11 of the 125th General Assembly and Am. Sub. H.B. 16 of
the 126th General Assembly.
Section 5107.05 of the Revised Code as amended by Am. Sub.
H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General
Assembly, and Am. Sub. H.B. 66 of
the 126th General Assembly.
Section 5739.035 of the Revised Code as amended by both Am.
Sub. H.B. 66 and Am. Sub. S.B. 26 of the 126th General Assembly.
Section 5741.02 of the Revised Code as amended by both Sub.
H.B. 294 and Am. Sub. S.B. 269 of the 126th General Assembly.
Section 5748.01 of the Revised Code as amended by both Sub.
H.B. 73 and Am. Sub. H.B. 699 of
the 126th General Assembly.
Section 5748.02 of the Revised Code as amended by both Am.
Sub. H.B. 3 and Am. Sub. H.B. 530 of
the 126th General Assembly.
The finding in this section takes effect at the same time as
the section referenced in the finding takes effect.